Goto Section: 1.1160 | 1.1162 | Table of Contents
FCC 1.1161
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.1161 Conditional license grants and delegated authorizations.
(a) Grant of any application or an instrument of authorization or other
filing for which a regulatory fee is required to accompany the application
or filing, will be conditioned upon final payment of the current or
delinquent regulatory fees. Final payment shall mean receipt by the U.S.
Treasury of funds cleared by the financial institution on which the check,
bank draft, money order, credit card (Visa, MasterCard, American Express, or
Discover), wire or electronic payment is drawn.
(1) If, prior to a grant of an instrument of authorization, the Commission
is notified that final payment of the regulatory fee has not been made, the
application or filing:
(i) Will be dismissed and returned;
(ii) Shall lose its place in the processing line; and
(iii) Will not be treated as timely filed if resubmitted after the relevant
filing deadline.
(2) If, subsequent to a grant of an instrument of authorization or other
filing, the Commission is notified that final payment has not been made, the
Commission will:
(i) Automatically rescind that instrument of authorization for failure to
meet the condition imposed by this subsection;
(ii) Notify the grantee of this action; and
(iii) Treat as late filed any application resubmitted after the original
deadline for filing the application.
(3) Upon receipt of a notification of rescission of the authorization, the
grantee will immediately cease operations initiated pursuant to the
authorization.
(b) In those instances where the Commission has granted a request for
deferred payment of a regulatory fee, further processing of the application
or filing or the grant of authority shall be conditioned upon final payment
of the regulatory fee and any required penalties for late payment prescribed
by the deferral decision. Failure to comply with the terms of the deferral
decision shall result in the automatic dismissal of the submission or
rescission of the Commission authorization. Further, the Commission shall:
(1) Notify the grantee that the authorization has been rescinded. Upon such
notification, the grantee will immediately cease operations initiated
pursuant to the authorization; and
(2) Treat as late filed any application resubmitted after the original
deadline for filing the application.
(c)(1) Where an applicant is found to be delinquent in the payment of
regulatory fees, the Commission will make a written request for the fee,
together with any penalties that may be rendered under this subpart. Such
request shall inform the regulatee that failure to pay may result in the
Commission withholding action on any application or request filed by the
applicant. The staff shall also inform the regulatee of the procedures for
seeking Commission review of the staff's determination.
(2) If, after final determination that the fee is due or that the applicant
is delinquent in the payment of fees and payment is not made in a timely
manner, the staff will withhold action on the application or filing until
payment or other satisfactory arrangement is made. If payment or
satisfactory arrangement is not made within 30 days, the application will be
dismissed.
[ 60 FR 34032 , June 29, 1995, as amended at 69 FR 27848 , May 17, 2004]
Goto Section: 1.1160 | 1.1162
Goto Year: 2007 |
2009
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