Goto Section: 1.1909 | 1.1911 | Table of Contents
FCC 1.1910
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.1910 Effect of insufficient fee payments, delinquent debts, or debarment.
(a)(1) An application (including a petition for reconsideration or any
application for review of a fee determination) or request for authorization
subject to the FCC Registration Number (FRN) requirement set forth in
subpart W of this chapter will be examined to determine if the applicant has
paid the appropriate application fee, appropriate regulatory fees, is
delinquent in its debts owed the Commission, or is debarred from receiving
Federal benefits ( see, e.g. , 31 CFR 285.13; 47 CFR part 1, subpart P).
(2) Fee payments, delinquent debt, and debarment will be examined based on
the entity's taxpayer identifying number (TIN), supplied when the entity
acquired or was assigned an FRN. See 47 CFR 1.8002(b)(1).
(b)(1) Applications by any entity found not to have paid the proper
application or regulatory fee will be handled pursuant to the rules set
forth in 47 CFR part 1, subpart G.
(2) Action will be withheld on applications, including on a petition for
reconsideration or any application for review of a fee determination, or
requests for authorization by any entity found to be delinquent in its debt
to the Commission (see Sec. 1.1901(j)), unless otherwise provided for in this
regulation, e.g., 47 CFR 1.1928 (employee petition for a hearing). The
entity will be informed that action will be withheld on the application
until full payment or arrangement to pay any non-tax delinquent debt owed to
the Commission is made and/or that the application may be dismissed. See the
provisisons of Sec. Sec. 1.1108, 1.1109, 1.1116 and 1.1118. Any Commission action
taken prior to the payment of delinquent non-tax debt owed to the Commission
is contingent and subject to recission. Failure to make payment on any
delinquent debt is subject to collection of the debt, 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.
(3) If a delinquency has not been paid or the debtor has not made other
satisfactory arrangements within 30 days of the date of the notice provided
pursuant to paragraph (b)(2) of this section, the application or request for
authorization will be dismissed.
(i) The provisions of paragraphs (b)(2) and (b)(3) of this section will not
apply if the applicant has timely filed a challenge through an
administrative appeal or a contested judicial proceeding either to the
existence or amount of the non-tax delinquent debt owed the Commission.
(ii) The provisions of paragraphs (b)(2) and (b)(3) of this section will not
apply where more restrictive rules govern treatment of delinquent debtors,
such as 47 CFR 1.2105(a)(2)(x) and (xi).
(c)(1) Applications for emergency or special temporary authority involving
safety of life or property (including national security emergencies) or
involving a brief transition period facilitating continuity of service to a
substantial number of customers or end users, will not be subject to the
provisions of paragraphs (a) and (b) of this section. However, paragraphs
(a) and (b) will be applied to permanent authorizations for these services.
(2) Provisions of paragraph (a) and (b) of this section will not apply to
application or requst for authorization to which 11 U.S.C. 525(a) is
applicable.
[ 69 FR 57230 , Sept. 24, 2004]
Administrative Offset—Consumer Reporting Agencies—Contracting for Collection
Goto Section: 1.1909 | 1.1911
Goto Year: 2007 |
2009
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