Sec.  1.1164   Penalties for late or insufficient regulatory fee payments.

   Any late payment or insufficient payment of a regulatory fee, not excused by
   bank error, shall subject the regulatee to a 25 percent penalty of the
   amount of the fee of installment payment which was not paid in a timely
   manner. A timely fee payment or installment payment is one received at the
   Commission's lockbox bank by the due date specified by the Commission or by
   the Managing Director. A payment will also be considered late filed if the
   payment  instrument (check, money order, bank draft or credit card) is
   uncollectible.

   (a) The Commission may, in its discretion, following one or more late filed
   installment payments, require a regulatee to pay the entire balance of its
   regulatory fee by a date certain, in addition to assessing a 25 percent
   penalty.

   (b) In cases were a fee payment fails due to error by the payor'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.

   (c) If a regulatory fee is paid in a timely manner, the regulatee will be
   notified of its deficiency. This notice will automatically assess a 25
   percent penalty, subject the delinquent payor's pending applications to
   dismissal, and may require a delinquent payor to show cause why its existing
   instruments of authorization should not be subject to rescission.

   (d)(1) Where a regulatee's new, renewal or reinstatement application is
   required to be filed with a regulatory fee (as is the case with wireless
   radio services), the application will be dismissed if the regulatory fee is
   not included with the application package. In the case of a renewal or
   reinstatement application, the application may not be refiled unless the
   appropriate regulatory fee plus the 25 percent penalty charge accompanies
   the refiled application.

   (2) If the application that must be accompanied by a regulatory fee is a
   mutually  exclusive  application  with a filing deadline, or any other
   application that must be filed by a date certain, the application will be
   dismissed  if not accompanied by the proper regulatory fee and will be
   treated as late filed if resubmitted after the original date for filing
   application.

   (e) Any pending or subsequently filed application submitted by a party will
   be  dismissed if that party is determined to be delinquent in paying a
   standard regulatory fee or an installment payment. The application may be
   resubmitted only if accompanied by the required regulatory fee and by any
   assessed penalty payment.

   (f) In instances where the Commission may revoke an existing instrument of
   authorization for failure to file a regulatory fee, the Commission will
   provide prior notice to the regulatee of such action and shall allow the
   licensee no less than 60 days to either pay the fee or show cause why the
   payment assessed is inapplicable or should otherwise be waived or deferred.

   (1) An adjudicatory hearing will not be designated unless the response by
   the regulatee to the Order to Show Cause presents a substantial and material
   question of fact.

   (2) Disposition of the proceeding shall be based upon written evidence only
   and the burden of proceeding with the introduction of evidence and the
   burden of proof shall be on the respondent regulatee.

   (3)  Unless  the  regulatee substantially prevails in the hearing, the
   Commission may assess costs for the conduct of the proceeding against the
   respondent regulatee. See 47 U.S.C. 402(b)(5).

   (4) Any regulatee failing to submit a regulatory fee, following notice to
   the  regulatee  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
   section 3720A of the Internal Revenue Code, 31 U.S.C. 3717, and to the
   provisions of the Debt Collection Act, 31 U.S.C. 3717. See 47 CFR 1.1901
   through 1.1952. The debt collection processes described above may proceed
   concurrently with any other sanction in this paragraph.

   (5) An application or filing by a regulatee that is delinquent in its debt
   to the Commission is also subject to dismissal under 47 CFR 1.1910.

   [ 60 FR 34034 , June 29, 1995, as amended at  69 FR 27848 , May 17, 2004]