We’ve said it before, “there really is no such thing as a grace period for license renewals” and now we’re saying it again, literally!
The FCC continues to increase its enforcement of rules and regulations mostly through the improvement of their databases and electronic interaction with frequency coordinators and the general public. Over the years, enforcement could be light since it required manpower to detect violators, review complaints, etc. Now, the power of related computer databases, Internet, email, and electronic filing capabilities combine to allow an enforcement level beyond anything known in the past. The FCC’s improved enforcement will certainly continue to make license application and renewal procedures interesting, to say the least!
So… what’s going on
with renewals!
Much of what follows is taken directly from the FCC Public Notice DA03-2729, Aug. 22, 2003
A license expires on its expiration date, period. (See item A) When a renewal request is submitted after the expiration date, including those filed within 30 days after the expiration date, the applicant is required to submit a waiver request with the application. (See item B) In addition, renewal requests filed within 30 days after the expiration date must be filed as Renewal Modifications, due to the limitations of the ULS (Universal License System). Renewal applications filed no later than 30 days after the expiration date will be granted as long as the application includes a waiver request and is otherwise sufficient under the Commission’s rules. (See item C) Renewal applications filed more than 30 days after the expiration date must include a waiver request, but will be subject to stricter review and will not be routinely granted. (See item D) In either case, after reviewing all facts and circumstances concerning the late filing of renewal applications, we may initiate enforcement action, including the imposition of fines or forfeitures, against the licensee for untimely filing and unauthorized operation between the expiration of the license and the late renewal filing. (See item E)
The FCC also notes in their Public Notice: To assist licensees in the renewal process, the Bureau sends a renewal reminder notice to licensees approximately 90 days before the license expiration date. This notice is a courtesy and non-receipt of this notice by the licensee is not sufficient justification for the licensee’s failure to file a timely renewal application with the Commission. Each licensee is responsible for ensuring its license information is kept current, both in technical data and contact data.
In Other Words
A.
Operating a system on an expired license IS a punishable
violation of FCC rules. If a renewal
application is filed
prior to expiration, even if it is not granted prior to expiration, the
licensee may continue to operate legally. If a renewal application is
filed after expiration, with a waiver, the licensee may only legally
operate with an approved STA (Special Temporary Authority).
B.
Fees will apply for the renewal AND the waiver AND the STA. Once filed, the renewal application and waiver
WILL obviously
indicate how long you’ve been “illegal”. Legally, you MUST cease
operations until either the STA has been approved or the license renewal
application has been granted.
C.
Renewal applications filed within 30 days WILL be granted, but
don’t forget Item B!
D.
More than 30 days after expiration, strict review WILL occur and don’t count on successful renewal.
E.
This may be the biggest point of all! Whether it’s within 30
days of expiration OR more than 30 days after expiration, you may be
subject to severe fines and/or other enforcement actions by the FCC for
unauthorized operations. Others in our industry have minimized this
point. We are taking the FCC's Public Notice literally. The
Public Notice uses the phrase, "in either case" when
referring to licenses expired for less than 30 days AND for licenses expired
for more than 30 days.
What We Think
We advise following the rules to the letter for your own protection. If your license expires, cease operations!
If you’re within 30 days of license expiration: Because of the fees involved with filing a renewal application with a waiver and possibly an STA, and the possibility of adding frequency coordination fees for a “Renewal Modification”, you may be far better off applying for a “new” license unless your “old” license is really worth fighting for and possibly suffering consequences of late filing.
If you’re over thirty days from license expiration and wish to pursue license renewal with a waiver and STA, we’ll recommend you retain the services of a legal firm experienced in working with FCC rules and regulations.
Renewing Licenses with Atlas
With the strict enforcement of license expirations, it is extremely important that renewal applications are filed accurately. The FCC will dismiss renewal applications containing errors or defects. Once this occurs, the renewal application will have to be re-filed which essentially means going to the back of the line and starting over, obviously costing more time and another filing fee!
In order for Atlas to successfully file a renewal application, we must have our completed form, with payment, ten (10) business days prior to the license expiration date. Renewal applications received less than ten (10) business days prior to license expiration WILL incur an express handling fee and successful renewal CANNOT be guaranteed. There can be several annoying, aggravating steps involved with a “simple” renewal and we really need the ten days to be SURE your renewal is processed without risk.
Atlas provides form “Renewal E-Z” to make the process simple and we accept American Express, MasterCard, and Visa as well as checks. The form may be mailed or faxed upon request.
In addition, you may complete our online renewal form to make the process even faster and simpler!
Protecting Licenses with Atlas
Atlas offers License Guard to assist our customers in watching important dates relating to their licenses. Presently, License Guard is available for Expiration Notices and Construction Deadline Notices. The fees for these services are slight, especially when compared to the expense of replacing a license!
As the FCC states in their Public Notice regarding late filed renewals, “the Bureau sends a renewal reminder notice to licensees approximately 90 days before the license expiration date. This notice is a courtesy and non-receipt of this notice by the licensee is not sufficient justification for the licensee’s failure to file a timely renewal application…”.
License Guard subscribers receive Expiration Notices and/or Construction Deadline Notices from Atlas via Certified Mail with Return Receipt approximately six months prior to license expiration. We guarantee we’ll contact you. Then, it’s up to you! You’ll know your license is expiring and you’ll have time to decide how to proceed without panic and chaos. If we fail to contact you, we’ll replace your license.[1]
[1] License replacement is at Atlas expense and is limited to the best possible replacement under present FCC rules and regulations and the present value of applying for such license. License Guard assists the customer by monitoring selected time sensitive elements of a FCC license. Our guarantee to contact the customer is based on accurate contact information provided and updated by the customer. Undeliverable notices serve as proof of inaccurate contact information provided by the customer. Atlas Enterprises Co., Inc. does not assume the responsibilities of the licensee or the FCC. Changes in FCC rules, enforcement, and/or interpretation tend to occur suddenly and with little or no prior notice. Atlas will react to these changes to the best of its ability and does not assume responsibility for any results of these changes.