Sec.  1.1116   Penalty for late or insufficient payments.

   (a) Filings subject to fees and accompanied by defective fee submissions
   will be dismissed under  Sec. 1.1109 (d) of this subpart where the defect is
   discovered  by the Commission's staff within 30 calendar days from the
   receipt of the application or filing by the Commission.

   (1) A defective fee may be corrected by resubmitting the application or
   other filing, together with the entire correct fee.

   (2) For purposes of determining whether the filing is timely, the date of
   resubmission with the correct fee will be considered the date of filing.
   However,  in  cases  where  the  fee payment fails due to error of the
   applicant's bank, as evidenced by an affidavit of an officer of the bank,
   the date of the original submission will be considered the date of filing.

   (b) Applications or filings accompanied by insufficient fees or no fees, or
   where such applications or filings are made by persons or organizations that
   are  delinquent in fees owed to the Commission, that are inadvertently
   forwarded to Commission staff for substantive review will be billed for the
   amount due if the discrepancy is not discovered until after 30 calendar days
   from  the  receipt  of  the  application  or filing by the Commission.
   Applications or filings that are accompanied by insufficient fees or no fees
   will have a penalty charge equaling 25 percent of the amount due added to
   each bill. Any Commission action taken prior to timely payment of these
   charges is contingent and subject to rescission.

   (c) Applicants to whom a deferral of payment is granted under the terms of
   this subsection will be billed for the amount due plus a charge equalling 25
   percent of the amount due. Any Commission actions taken prior to timely
   payment of these charges are contingent and subject to rescission.

   (d) Failure to submit fees, following notice to the applicant of failure to
   submit the required fee, is subject to collection of the fee, including
   interest thereon, any associated penalties, and the full cost of collection
   to the Federal government pursuant to the provisions of the Debt Collection
   Improvement Act, 31 U.S.C. 3717 and 3720A. See 47 CFR 1.1901 through 1.1952.
   The debt collection processes described above may proceed concurrently with
   any other sanction in this paragraph.

   [ 52 FR 5289 , Feb. 20, 1987, as amended at  53 FR 40889 , Oct. 19, 1988;  55 FR 19172 , May 8, 1990. Redesignated and amended at  59 FR 30998 , June 16, 1994.
   Redesignated at  60 FR 5326 , Jan. 27, 1995, as amended at  67 FR 67337 , Nov.
   5, 2002;  69 FR 41177 , July 7, 2004;  69 FR 27847 , May 17, 2004;  69 FR 41177 ,
   July 7, 2004]

   Editorial Note:   At  69 FR 57230 , Sept. 24, 2004,  Sec. 1.1116(a) introductory
   text  was  corrected by changing the reference to “ Sec. 1.1109(b)” to read
   “ Sec. 1.1109(d)”; however, the amendment could not be incorporated because that
   reference does not exist in the paragraph.