FCC Web Documents citing 1.1118

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.txt
  • charges for applications and other filings for the international service. 1.1108 Attachment of charges. 1.1109 Payment of charges. 1.1110 Form of payment. 1.1111 Filing locations. 1.1112 Conditionality of Commission or staff authorizations. 1.1113 Return or refund of charges. 1.1114 General exemptions to charges. 1.1115 Adjustments to charges. 1.1116 Penalty for late or insufficient payments. 1.1117 Petitions and applications for review. 1.1118 Error claims. 1.1119 Billing procedures. Brief Description: Schedule of annual regulatory fees and filing locations. Need: These rules provide the authority for the Commission to impose and collect regulatory fees, as well as identify possible exemptions, adjustments, penalties, and waivers of these fees. Legal Basis: 47 U.S.C. 159(a). Section Number and Title: 1.1151 Authority to prescribe and collect regulatory fees.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.txt
  • STATUTORY CHARGES AND PROCEDURES FOR PAYMENT Brief Description: Schedule of charges for applications. Need: Section 1.1102 through 1.1107 rules are tables that identify the application fees that are charged by the Commission for renewing, modifying, or when applying for a new license. These fees are adjusted periodically to incorporate cost-of-living increases, and or other increases in fees. Section 1.1108 through 1.1118 rules describe the type and form of payment, where it should be sent and how the payment should be processed, as well as rules governing exemptions, refunds, and penalties associated with the charges in sections 1.1102 through 1.1107. Legal Basis: 47 U.S.C. 158(b). Section Number and Title: 1.113(d) Return or refund of charges. Brief Description: Petitions and applications for review.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1180A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1180A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1180A1.txt
  • on June 30, 2003, but failed to timely pay the requisite filing fee. We further note that Faith acknowledged its error in the STA Request and refiled its renewal application prior to any Commission action on its license renewal application. For the reasons set forth below, we will cancel the NAL and impose a 25% penalty as provided in Section 1.1118 of the Rules. Under Section 1.1118(a) of the Rules, if the defective fee is discovered within 30 days of filing, the application is dismissed and can be refiled with a new filing date. If the defective fee is discovered after 30 days have passed and the application has not been ``forwarded to Commission staff for substantive review,'' pursuant to Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-122A1.txt
  • in fact tender a license renewal application for the Station on September 30, 2004, but failed to pay the requisite filing fee. We further note that Wennes acknowledged its error, prior to any Commission action on its license renewal application. For the reasons set forth below, we will cancel the NAL and impose a 25% penalty as provided in Section 1.1118 of the Rules. Under Section 1.1118(a) of the Rules, if the defective fee is discovered within 30 days of filing, the application is dismissed and can be refiled with a new filing date. If the defective fee is discovered after 30 days have passed and the application has not been ``forwarded to Commission staff for substantive review,'' pursuant to Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-123A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-123A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-123A1.txt
  • in fact tender a license renewal application for the Station on September 30, 2004, but failed to pay the requisite filing fee. We further note that Wennes acknowledged its error, prior to any Commission action on its license renewal application. For the reasons set forth below, we will cancel the NAL and impose a 25% penalty as provided in Section 1.1118 of the Rules. Under Section 1.1118(a) of the Rules, if the defective fee is discovered within 30 days of filing, the application is dismissed and can be refiled with a new filing date. If the defective fee is discovered after 30 days have passed and the application has not been ``forwarded to Commission staff for substantive review,'' pursuant to Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-364A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-364A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-364A1.txt
  • have reviewed the record in this case and the Commission's data bases and we find that RSE did in fact tender a license renewal application for the Station on March 24, 2004, but failed to pay the requisite filing fee. For the reasons set forth below, we will cancel the NAL and impose a 25% penalty as provided in Section 1.1118 of the Rules. Section 1.1118 of the Rules provides that, if the defective fee is discovered within 30 days of filing, the application is dismissed and can be re-filed with a new filing date. If the defect is discovered after 30 days have passed without being ``forwarded to Commission staff for substantive review,'' pursuant to Section 1.1118(b) of the Rules,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1658A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1658A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1658A1.txt
  • 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 provisions of §§ 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 rescission. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-310A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-310A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-310A1.txt
  • renewal applications for the Stations on March 29, 2005, but failed to pay the requisite filing fees. It successfully re-filed its applications and paid the required fees on July 17, 2006, including an explanation of the circumstances regarding its error. For the reasons set forth below, we will cancel the NAL and impose a 25% penalty as provided in Section 1.1118 of the Rules. Under Section 1.1118(a) of the Rules, if the defective fee is discovered within 30 days of filing, the application is dismissed and can be re-filed with a new filing date. If the defect is discovered after 30 days have passed without being ``forwarded to Commission staff for substantive review,'' pursuant to Section 1.1118(b) of the Rules, a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-561A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-561A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-561A1.txt
  • Matter of Consolidated Request of the WCS Coalition for Limited Waiver of Construction Deadline for 132 WCS Licenses, Order, 21 FCC Rcd 14134 (2006) (``WCS Order''). See 47 U.S.C. § 158. See 47 U.S.C. § 158(g). See 47 C.F.R. § 1.1102, Table, Section 5r (2009). See 47 C.F.R. § 1.1119(a). See 47 C.F.R. § 1.1119(e). Id. See 47 C.F.R. § 1.1118(c). Petition for Waiver of Application Fees, Metropolitan Area Networks, Inc. (filed Jun. 12, 2009) (``Fee Waiver Petition''). See File No. 0003869908. Individual dismissal letters were generated in the Universal Licensing System for each application that was dismissed. The application for call sign WQJE757 was erroneously dismissed but was later reinstated on the Bureau's own motion, since the fee for that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-561A1_Rcd.pdf
  • it was arbitrary and capricious to dismiss MAN's Extension Applications when fee waivers were granted in those other cases.37The Reconsideration Petition was unopposed. On January 17, 2012, the Fixed Wireless Communications Coalition (FWCC) filed a request to cancel MAN's licenses.38MAN and FWCC filed two rounds of responsive pleadings.39 27See47 C.F.R. § 1.1119(a). 28See47 C.F.R. § 1.1119(e). 29Id. 30See47 C.F.R. § 1.1118(c). 31Petition for Waiver of Application Fees, Metropolitan Area Networks, Inc. (filed Jun. 12, 2009) ("Fee Waiver Petition"). 32SeeFile No. 0003869908. 33Individual dismissal letters were generated in the Universal Licensing System for each application that was dismissed. The application for call sign WQJE757 was erroneously dismissed but was later reinstated on the Bureau's own motion, since the fee for that application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285507A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285507A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285507A1.txt
  • even if the Commission has completed its action on the application. Any Commission actions taken prior to timely payment of these charges are contingent and subject to recession. (e) Should the staff change the status of an application, resulting in an increase in the fee due, the applicant will be billed for the remainder under the conditions established by § 1.1118(b) of the rules. NOTE: Due to the statutory requirements applicable to tariff filings, the procedures for handling tariff filings may vary from the procedures set out in the rules. The current §§ 1.1110 through 1.1119 is being renumbered as §§ 1.1112 through 1.1121 and should read as follows: § 1.1112 Form of payment. (a) Fee payments should be in the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-202A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-202A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-202A1.txt
  • the words, ``common carrier services'' insert the words, ``wireline and''. c) At § 1.1106 Schedule of charges for applications and other filings in the cable services, at the heading, delete the words, ``cable services'' and insert the words, ``enforcement matters''. d) At § 1.1109 Payment of charges, at the Note following subparagraph (c), at the last sentence, change ``See § 1.1118'' to ``See § 1.1119''. At subparagraph (d), after the third sentence, add, ``A forfeited application fee will not be refunded.'' At subparagraph (e), in the first sentence, change ``§ 1.110(b)'' to ``§ 1.1116(b)''. e) At § 1.1110 Form of payment, at subparagraph (a), in the first sentence, change ``Visa or MasterCard'' to ``Visa, MasterCard, American Express, or Discover Card''. At
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-299A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-299A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-299A1.txt
  • 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 the provisions of the Debt Collection Act, 31 U.S.C. 3717 and 3720A. See 47 CFR 1.1901 through 1.1952. The debt collection processes described above may proceed concurrently with any other sanction in this paragraph. Section 1.1118 is amended by inserting the words ``or delinquent debt'' after ``insufficient fee'' in the first sentence of paragraph (a). Section 1.1161 is amended by inserting the words ``current or delinquent'' after the words ``final payment of'' in the first sentence of paragraph (a), by deleting the word ``fee'' and substituting the word ``fees'' in the first sentence of paragraph (a),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-135A1.txt
  • Commission's rules delegate exclusive authority to issue fee determinations and to reconsider them to OMD, not IB, and that OMD made its fee determination in this case in its June 4, 2001 billing. Sirius argues that it thereupon properly sought reconsideration of that ruling in a timely filed waiver request after it paid the disputed fee, in accordance with Section 1.1118(b) of the rules, 47 C.F.R. § 1.1118(b). This rule, Sirius maintains, did not allow it to challenge the fee earlier by seeking reconsideration of IB's order because it did not yet know the amount due and thus could not pay and at the same time preserve its right to reconsideration until it was billed by OMD. Second, Sirius asserts that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-72A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-72A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-72A1.txt
  • subject to collection of the fee, 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 and 3720A. See 47 CFR 1.1901 through 1.1952. The debt collection processes described above may proceed concurrently with any other sanction in this paragraph. Section 1.1118 is amended by revising paragraph (a) to read as follows: § 1.1118 Error claims. (a) Applicants who wish to challenge a staff determination of an insufficient fee or delinquent debt may do so in writing. A challenge to a determination that a party is delinquent in paying the full application fee must be accompanied by suitable proof that the fee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-90A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-90A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-90A1.txt
  • See also Petition for Reconsideration, filed June 5, 2005, as supplemented September 25, 2005 (Petition for Reconsideration) at 1. See Reconsideration Order at 3 n.12, 4. See also Gwinn Letter at 1. See Gwinn Letter at 1. Since Chaparral filed its application for review, the relevant rules have been renumbered. Former 47 C.F.R. § 1.1116 is now 47 C.F.R. § 1.1118 and former 47 C.F.R. § 1.1109 is now 47 C.F.R. § 1.1111. In The Matter Of Amendment of Parts 0, 1, 2, 61, 64, 73, And 80 of The Commission's Rules, Concerning Commission Organization, Practice And Procedure, Frequency Allocations And Radio Treaty Matters; General Rules And Regulations, Tariffs, Miscellaneous Rules Relating To Common Carriers, Radio Broadcast Services, and Stations In
• http://transition.fcc.gov/Bureaus/OMD/Orders/fcc00286.pdf
  • to charges, first sentence change 1.1106 to 1.1107. j) At §1.1115, Adjustments to charges, subparagraph (a) first sentence change 1.1106 to 1.1107. k) At §1.1117, Petitions and applications for review, subparagraph (c), second sentence change 1.1105 to 1.1107. l) At §1.1117, Petitions and applications for review, subparagraph (e) first sentence change "FCC Form 155" to "FCC Form 159". m) At §1.1118, Error claims, subparagraph (a) change "Attention Fee Supervisor" to "Attention Financial Operations". In subparagraph (b) first line, change "Fee Section" to "Financial Operations" n) At §1.1119, Billing procedures, subparagraph (a), first sentence delete "(19)" after (§1.1103 of the subpart). Same sentence after "Common Carrier Field Audits (§1.1105" delete "(21)". In the second sentence change "§§1.1102, 1.1104, 1.1105" to read "§§1.1102,
• http://www.fcc.gov/Bureaus/OMD/Orders/fcc00286.pdf
  • to charges, first sentence change 1.1106 to 1.1107. j) At §1.1115, Adjustments to charges, subparagraph (a) first sentence change 1.1106 to 1.1107. k) At §1.1117, Petitions and applications for review, subparagraph (c), second sentence change 1.1105 to 1.1107. l) At §1.1117, Petitions and applications for review, subparagraph (e) first sentence change "FCC Form 155" to "FCC Form 159". m) At §1.1118, Error claims, subparagraph (a) change "Attention Fee Supervisor" to "Attention Financial Operations". In subparagraph (b) first line, change "Fee Section" to "Financial Operations" n) At §1.1119, Billing procedures, subparagraph (a), first sentence delete "(19)" after (§1.1103 of the subpart). Same sentence after "Common Carrier Field Audits (§1.1105" delete "(21)". In the second sentence change "§§1.1102, 1.1104, 1.1105" to read "§§1.1102,
• http://www.fcc.gov/fcc-bin/audio/DA-10-1180A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1180A1.pdf
  • on June 30, 2003, but failed to timely pay the requisite filing fee. We further note that Faith acknowledged its error in the STA Request and refiled its renewal application prior to any Commission action on its license renewal application. For the reasons set forth below, we will cancel the NAL and impose a 25% penalty as provided in Section 1.1118 of the Rules. Under Section 1.1118(a) of the Rules, if the defective fee is discovered within 30 days of filing, the application is dismissed and can be refiled with a new filing date. If the defective fee is discovered after 30 days have passed and the application has not been ``forwarded to Commission staff for substantive review,'' pursuant to Section
• http://www.fcc.gov/fcc-bin/audio/DA-10-122A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-122A1.pdf
  • in fact tender a license renewal application for the Station on September 30, 2004, but failed to pay the requisite filing fee. We further note that Wennes acknowledged its error, prior to any Commission action on its license renewal application. For the reasons set forth below, we will cancel the NAL and impose a 25% penalty as provided in Section 1.1118 of the Rules. Under Section 1.1118(a) of the Rules, if the defective fee is discovered within 30 days of filing, the application is dismissed and can be refiled with a new filing date. If the defective fee is discovered after 30 days have passed and the application has not been ``forwarded to Commission staff for substantive review,'' pursuant to Section
• http://www.fcc.gov/fcc-bin/audio/DA-10-364A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-364A1.pdf
  • have reviewed the record in this case and the Commission's data bases and we find that RSE did in fact tender a license renewal application for the Station on March 24, 2004, but failed to pay the requisite filing fee. For the reasons set forth below, we will cancel the NAL and impose a 25% penalty as provided in Section 1.1118 of the Rules. Section 1.1118 of the Rules provides that, if the defective fee is discovered within 30 days of filing, the application is dismissed and can be re-filed with a new filing date. If the defect is discovered after 30 days have passed without being ``forwarded to Commission staff for substantive review,'' pursuant to Section 1.1118(b) of the Rules,