- Of Counsel
Preparing to File the Reimbursement Form (Form 399)
Updated April 13, 2017: The Federal Communications Commission (Commission or FCC) has released the Closing and Reassignment Public Notice (Reassignment PN) listing the channel reassignments for stations that are being repacked. Each repacked station must within the next 90 days file (1) an application for a construction permit for the new facility and (2) if the station is eligible for reimbursement, a request for reimbursement of the anticipated costs associated with planning for and building the new facility.
The FCC’s Incentive Auction Broadcaster Relocation Reimbursement System (FCC Form 2100, Schedule 399, commonly called the Form 399) requires that each station provide detailed information about (1) its existing station equipment, (2) the new or modified equipment and services needed to build the facility specified in the Reassignment PN, and (3) cost estimates (and any required documentation) for reimbursement. Cost estimates can be based either on the cost estimates identified in the Catalog of Eligible Expenses, found here or by obtaining price quotes from a vendor. If an estimate exceeds the amount listed in the Catalog for the particular equipment or service, the station must provide a detailed explanation for the additional cost.
The Form 399 is accessed through LMS https://enterpriseefiling.fcc.gov/dataentry/login.htm. To launch the form, login using the station’s FRN and password, then
- click on the Authorizations Tab—If you have multiple stations associated with the same FRN, you can use the search feature at the right of the screen to search by call sign or facility ID;
- Click on the File Number for the most recent License application;
- Click on the “File an Application” button;
- Select Form 399-Broadcaster Relocation Reimbursement.
To help you gather and organize the required information about your new or modified equipment, we have prepared a worksheet, found here. The Form 399 also requires that the station provide detailed information about its existing equipment. A worksheet listing the information that a broadcaster must provide about its existing station equipment can be found here.
Please contact one of the attorneys listed or the Wiley Rein attorney with whom you regularly work with any questions.