§  1.1115   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
   §  0.231.

   (1) When no fee is required for the application or other filing. ( see
   §  1.1111).

   (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. Redesignated and amended at  74 FR 3445 -3446, Jan. 21, 2009]

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