FCC 1.1113 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 1.1113 Return or refund of charges.
(a) All refunds will be issued to the payer named in the appropriate block
of the FCC Form 159. The full amount of any fee submitted will be returned
or refunded, as appropriate, under the authority granted at Sec. 0.231.
(1) When no fee is required for the application or other filing. ( see
Sec. 1.1109).
(2) When the fee processing staff or bureau/office determines that an
insufficient fee has been submitted within 30 calendar days of receipt of
the application or filing and the application or filing is dismissed.
(3) When the application is filed by an applicant who cannot fulfill a
prescribed age requirement.
(4) When the Commission adopts new rules that nullify applications already
accepted for filing, or new law or treaty would render useless a grant or
other positive disposition of the application.
(5) When a waiver is granted in accordance with this subpart.
Note: Payments in excess of an application fee will be refunded only if the
overpayment is $10 or more.
(6) When an application for new or modified facilities is not timely filed
in accordance with the filing window as established by the Commission in a
public notice specifying the earliest and latest dates for filing such
applications.
(b) Comparative hearings are no longer required.
(c) Applicants in the Media Services for first-come, first-served
construction permits will be entitled to a refund of the fee, if, within
fifteen days of the issuance of a Public Notice, applicant indicates that
there is a previously filed pending application for the same vacant channel,
such applicant notifies the Commission that they no longer wish their
application to remain on file behind the first applicant and any other
applicants filed before his or her application, and the applicant
specifically requests a refund of the fee paid and dismissal of his or her
application.
(d) Applicants for space station licenses under the first-come, first served
procedure set forth in part 25 of this title will be entitled to a refund of
the fee if, before the Commission has placed the application on public
notice, the applicant notifies the Commission that it no longer wishes to
keep its application on file behind the licensee and any other applicants
who filed their applications before its application, and specifically
requests a refund of the fee and dismissal of its application.
[ 52 FR 5289 , Feb. 20, 1987, as amended at 53 FR 40889 , Oct. 19, 1988; 56 FR 795 , Jan. 9, 1991; 56 FR 56602 , Nov. 6, 1991. Redesignated at 59 FR 30998 ,
June 16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 65 FR 49762 , Aug. 15, 2000; 67 FR 46303 , July 12, 2002; 67 FR 67337 , Nov. 5,
2002; 68 FR 51502 , Aug. 27, 2003; 69 FR 41177 , July 7, 2004; 71 54234, Sept.
14, 2006]
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