Late Filing Sanction

The “Late Filing Sanction” section of a USAC invoice outlines any late filing fees that have been charged to a company.

A late filing fee may be imposed on a company for failing to file a required FCC Form 499-A or FCC Form 499-Q. In addition, the company is also responsible for administrative charges of collection or penalties (31 U.S.C. Section 3717). The FCC may also pursue enforcement action against delinquent companies and assess costs for collection activities in addition to those imposed by USAC.

All companies that fail to file their FCC Form 499-A or FCC Forms 499-Q (if applicable) within 30 days of the due date will be assessed a late filing fee by USAC.

Calculating Late Filing Fees

The late filing fee is the greater of $100 per month, or an amount computed using the rate of the U.S. prime rate (in effect on the due date of the form) plus 3.5 percent multiplied against the company’s monthly contribution obligation (FCC 07-150) as determined by USAC. Companies will continue to be billed late filing fees on a monthly basis for forms not submitted to USAC by the due date until such time as the form is submitted.

Example:

Determine Late Filing Fee obligation for one month (30 days).
Amount = Monthly USF Obligation * (US Prime Rate + 3.5%) /365 * 30 days

• If the Amount <= $100
  Late Filing Fee = $100.00 * Number of Months Late
• If the Amount > $100
  Late Filing Fee = Monthly USF Obligation * (US Prime Rate + 3.5%) /365 * # of Days Late

The exact late filing fee calculation can be found on the USAC invoice under the “Late Filing Sanction” section, usually found on page three.

Example of Late Filing Sanction

Late Filing Sanction Components

• Filing – Due Date: The name of the filing for which you are being assessed a late filing fee and the date that the late form was originally due
• Monthly USF Obligation: The monthly contribution obligation as calculated by USAC (“NA” indicates that the company did not have a contribution obligation for that filing)
• Filing Received Date: The date that USAC received the FCC Form 499 filing (“NR” indicates that the filing was not received by USAC)
• Rate: The rate that USAC is using to assess late filing fees for this filing
• Days/Months Delinquent: The number of days or months that the filing is past due
• Additional Sanction Amount: Late filing fee amount billed on the current invoice
• Accrued Sanction Amount: Sum of late filing fees billed to-date for the indicated filing
• Total Sanction Amount: Additional Sanction Amount plus Accrued Sanction Amount

In order to end the accrual of late filing fees, the company must submit the form that is due following the process for making form revisions. To dispute the late filing fees that have accrued, follow the instructions on the Billing Disputes web page.