Goto Section: 1.1163 | 1.1165 | Table of Contents
FCC 1.1164
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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 not 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; 76 FR 24393 , May 2, 2011; 76 FR 49364 , Aug. 10, 2011]
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Goto Section: 1.1163 | 1.1165
Goto Year: 2014 |
2016
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