Because of the broad interest in the fees docket, Rick asked that I share some suggested arguments against the FCC’s fees proposal.  Of course, you may very well have some arguments that I have not included in this first survey, in which case please make them known.

 

To put this proceeding in context, I have included a brief summary of the tortious path of FCC license fees.  I also include a brief free-ranging list of options in addition to straight opposition across the board with no alternatives. I tried to make the legal discussion understandable.  At the end of the day, it may the constitutional difference between a fee and a tax that ultimately sinks this, because the FCC is back to where it was in 1968 and it didn’t go well for them back then.   However, the times are different, and many other agencies have adopted legally-sustainable fees.  It’s entirely possible that the judges think enough different now that the proposals will easily pass muster.

 

To be clear about timing: the actual proposal document (NPRM) has not been officially published.  Upon publication, a 30-day period for comments and a 15-day period for reply comments will commence.  (As is tradition, the FCC has opened its electronic docket for early comments, and they are being accepted and will be considered the same as if they were filed within the designated period.  “You can be too late, but not too early.”)

 

I look forward to hearing your thoughts.  I realize the depth of opposition in the community to any fee, a few of my friends have emailed me their thoughts as well.  There also are those more focused on going easier on youngsters, pensioners, etc. 

 

My initial recommendation is to oppose outright in comments; and then, based on other comments and discussion, consider reply comments that continue opposition but in a footnote somewhere offer a “but if you have to, at least …”

 

Of course, the ARRL’s position is to be established by you.  Hopefully this provides some useful information toward that end.

 

 

73,  Dave

 

 

 

David R. Siddall

Managing Partner

DS Law, PLLC

1629 K St. NW, Ste 300

Washington, DC 20006

direct: +1 202 559 4690

 

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