Fees for Ancillary or Supplementary Use of Digital Television Spectrum

This Report & Order establishes a fee of five percent of gross revenues received from ancillary or supplementary services for which DTV licensees receive specified compensation from third parties. This requires the Commission to establish a program to assess and collect fees for digital television (DTV) licensees' use of DTV capacity for the provision of ancillary or supplementary services. The statute requires the imposition of a fee where DTV licensees use their capacity for services for which the payment of a subscription fee is required or where the licensee receives revenues from a third party other than advertising revenues in return for transmitting material furnished by the third party. Licensees will be required to annually report to the Commission whether they provided ancillary or supplementary subject to a fee and the amount of fees to be paid to the Commission.