FCC Web Documents citing 1.1901
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- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15. The DCIA rules specify that the term ``Commission'' includes the USF, TRS Fund, ``and any other reporting components of the Commission.'' See 47 C.F.R. 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF, TRS, LNP, and the cost recovery mechanisms for NANP administration are subject to the DCIA. Effective July 1, 2003, USAC implemented new collection procedures as required by the DCIA and the Commission. Pursuant to those procedures, invoices for USF contributions that become over 90 days delinquent are transferred to
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- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15. The DCIA rules specify that the term ``Commission'' includes the USF, TRS Fund, ``and any other reporting components of the Commission.'' See 47 C.F.R. 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF and TRS Fund are subject to the DCIA. Effective July 1, 2003, USAC implemented new collection procedures as required by the DCIA and the Commission. Pursuant to those procedures, invoices for USF contributions that become over 90 days delinquent are transferred to the Commission for further collection. See http://www.universalservice.org/fund-administration/contributors/underst
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.pdf
- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15. The DCIA rules specify that the term ``Commission'' includes the USF, TRS Fund, ``and any other reporting components of the Commission.'' See 47 C.F.R. 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF, TRS, and the cost recovery mechanisms for NANP administration are subject to the DCIA. Effective July 1, 2003, USAC implemented new collection procedures as required by the DCIA and the Commission. Pursuant to those procedures, invoices for USF contributions that become over (continued) (continued from previous page) 90 days
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- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15. The DCIA rules specify that the term ``Commission'' includes the USF, TRS Fund, ``and any other reporting components of the Commission.'' See 47 C.F.R. 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF and TRS Fund are subject to the DCIA. See id. 1.1914. Federal Communications Commission FCC 09-26 Federal Communications Commission FCC 09-26 $ - 7 0 0 0
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- July 18, 2003 Released: July 18, 2003 By the Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau: Introduction This Order responds to the request filed on behalf of GLH Communications, Inc. (``GLH'') seeking two-year waivers of the Commission's installment payment and debt collection rules (``Request''). More specifically, GLH requests waivers for two years of Section 1.2110(g)(4) and of Sections 1.1901 et seq. of the Commission's rules with respect to GLH's obligation to make overdue installment payments for six Personal Communication Services (PCS) C Block licenses. Pursuant to Section 1.2110(g)(4), if the overdue installment payments and applicable late fees are not paid by July 31, 2003, i.e., within two quarters of their original due date, GLH shall be in default, its
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- departments. If there is a match, and all procedural requirements for due process have been met, the payment will be offset against the amount due the Commission. Claim or debt refers to the amount of money or property that has been determined to be due. A claim or debt may arise in a wide variety of situations. 47 C.F.R. 1.1901(e). Delinquent means a claim or debt not paid by the specified date unless other satisfactory arrangements have been made. 47 C.F.R. 1.1901(i). FCC as that name is used in this context includes the Federal Communications Commission, the Universal Service Fund (USF), the Telecommunications Relay Service Fund (TRS), the North American Number Plan (NANP), or any other components of the
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- term ``non-tax debt'' refers to debts other than those arising under the Internal Revenue Code of 1986. See 31 U.S.C. 3701(a)(8). Application and regulatory fees arise under Sections 8 and 9 of the Communications Act of 1934, as amended, 47 U.S.C. 158 and 159, not the Internal Revenue Code. You contend that the definition of ``debt'' in Section 1.1901(e) of the Commission's rules, 47 C.F.R. 1.1901(e), does not include regulatory or application fees. In fact, Section 1.1901(e) specifically includes ``amounts due to the United States from fees.'' In addition, you contend that the Commission's separate provisions for the handling of application and regulatory fees indicate an intention to exclude those obligations from the meaning of ``debt'' or ``non-tax
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission 445 12th Street S.W. Washington, D.C. 20554 DA-06-393 ________________________________________________________________________ ____ Before the Federal Communications Commission Washington, D.C. 20554 PUBLIC NOTICE Released: March 22, 2006 DEBT COLLECTION DECISIONS OF THE MANAGING DIRECTOR AVAILABLE TO THE PUBLIC The Managing Director, pursuant to the Commission's rules (see 47 C.F.R. 0.231 and 1.1901, et seq.) is responsible for, among other matters, collecting debts owed to the Commission, for the enforcement of the Commission's debt collection rules, and, when a regulatee or licensee has failed to pay the appropriate fees or it is delinquent in a debt, effecting appropriate procedures, including notice to the debtor that action is withheld and an application will be
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- application on April 26, 2005. On May 4, 2005, Wilcox submitted a seventy-five dollar payment to the Commission. Discussion. Pursuant Section 1.1910(a)(1) of the Commission's Rules, an application is 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. Section 1.1901(b)(2) requires that action be withheld on applications or requests for authorization by any entity found to be delinquent, unless otherwise provided for by the Commission's Rules. A debt is delinquent if it has not been paid by the date specified in the agency's initial written demand for payment, unless other satisfactory payment arrangements have been made. As an initial matter,
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- 47 U.S.C. 154(i), 154(j), 303(r), and 309(j), under authority delegated pursuant to Section 0.331 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Fred B. Campbell, Jr. Chief, Wireless Telecommunications Bureau Petition for Reconsideration in the Matter of Request of GLH Communications, Inc. for Temporary Waivers of Installment Payment Deadlines (47 C.F.R. 1.2110(g)(4) and Debt Collection Rules (47 C.F.R. 1.1901 et seq.)), dated August 15, 2003 (``Petition''). Request of GLH Communications, Inc. for Temporary Waivers of Installment Payment Deadlines (47 C.F.R. 1.2110(g)(4) and Debt Collection Rules (47 C.F.R. 1.1901 et seq.)), Order, 18 FCC Rcd 14695 (WTB/AIAD 2003) (``Division Order''). The Auctions and Industry Analysis Division was the predecessor of the current Auctions and Spectrum Access Division. The Division
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- nomenclature as reflected in the Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569, 504, 29 U.S.C. 792. Part I, Subpart O, Collection of Claims Owed the United States. This Order amends the following rules in Part 1, Subpart O, Collection of Claims Owed the United States, to update references that are obsolete and make other corrections: Section 1.1901(e) is amended to correct a typographical error in the last sentence. Section 1.1902(a), which pertains to the audit of transportation accounts, is amended to change ``41 CFR Part 101-41'' to ``41 CFR Part 102-118.'' Part 101-41 of Title 41 of the Code of Federal Regulations does not contain any regulations; rather, it cross-references to the Federal Management Regulation, 41 C.F.R.
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- 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 the provisions of the Debt Collection Improvement Act of 1996 (DCIA), Public Law 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996), codified at 31 U.S.C. 3711 et seq. See 47 C.F.R. 1.1901 through 1.1952. The debt collection processes described above may proceed concurrently with any other sanction in this paragraph. 1.1119 Petitions and applications for review. (a) The fees established by this subpart may be waived or deferred in specific instances where good cause is shown and where waiver or deferral of the fee would promote the public interest. (b) Requests
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- and n.7. The DCIA, 31 U.S.C. 3701, et seq., is designed to ensure that debts owed to the Federal government are properly and promptly collected. A debt is delinquent if it has not been paid by the date specified in our initial written demand, unless satisfactory payment arrangements have been made. See 31 C.F.R. 900.2(b); 47 C.F.R. 1.1901(g). RAMIS is an internal revenue management system that supports application and regulatory fee accounting, spectrum auction loan portfolio management, accounting for auction proceeds, accounting for enforcement actions, and other account receivables of the Commission. RAMIS replaces various independent financial management systems currently in use by the Commission. See NPRM, 15 FCC Rcd at 24371. NPRM, 15 FCC Rcd at 24372;
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- recission. * * * Failure to submit fees, following notice to the applicant 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 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
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- provider to recover funds disbursed in violation of the statute or a rule from a school or library, because such entities may not have monies available in their budgets to make such repayments, and service providers are reluctant to jeopardize their good will with the beneficiary. See, e.g., Cox Comments at 9; Hayes Reply at 3-4. See 47 C.F.R. 1.1901 et seq. In its comments to the Commission, but not its Petition, USTA cites to Eastern Enterprises v. Apfel, 524 US 498 (1998), for the proposition that the Commitment Adjustment Order is so unfair that it violates the takings and due process clauses of the Fifth Amendment. We note, however, that with this Order, we will no longer seek repayment
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- limitation period we establish here relates to the time period within which we must bring action to establish a debt due to a violation of E-rate program rules or the statutory provisions. In contrast, the DCIA statute of limitations relates to the time period within which we must act to collect the debt once established. See generally 47 C.F.R. 1.1901 et. seq. See also, DCIA Order. . See Verizon Comments at 9. See CoSN Comments at 8; EdLiNC Comments at 8; Hayes Reply Comments at 5-6. See 28 U.S.C. 2415(a), 3201(c), and 31 U.S.C. 3716(e)(1). The Federal Claims Collection Standards provide that agencies may terminate collection activity when the ``costs of collection are anticipated to exceed the amount
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- * * * Failure to submit fees, following notice to the applicant 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 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
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- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15. The DCIA rules specify that the term ``Commission'' includes the USF, TRS Fund, ``and any other reporting components of the Commission.'' See 47 C.F.R. 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF, TRS, LNP, and the cost recovery mechanisms for NANP administration are subject to the DCIA. Effective July 1, 2003, USAC implemented new collection procedures as required by the DCIA and the Commission. Pursuant to those procedures, invoices for USF contributions that become over 90 days delinquent are transferred to
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- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15. The DCIA rules specify that the term ``Commission'' includes the USF, TRS Fund, ``and any other reporting components of the Commission.'' See 47 C.F.R. 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF and TRS Fund are subject to the DCIA. Effective July 1, 2003, USAC implemented new collection procedures as required by the DCIA and the Commission. Pursuant to those procedures, invoices for USF contributions that become over 90 days delinquent are transferred to the Commission for further collection. See http://www.universalservice.org/fund-administration/contributors/underst
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- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15. The DCIA rules specify that the term ``Commission'' includes the USF, TRS Fund, ``and any other reporting components of the Commission.'' See 47 C.F.R. 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF, TRS, and the cost recovery mechanisms for NANP administration are subject to the DCIA. Effective July 1, 2003, USAC implemented new collection procedures as required by the DCIA and the Commission. Pursuant to those procedures, invoices for USF contributions that become over (continued) (continued from previous page) 90 days
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- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15. The DCIA rules specify that the term ``Commission'' includes the USF, TRS Fund, ``and any other reporting components of the Commission.'' See 47 C.F.R. 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF and TRS Fund are subject to the DCIA. See id. 1.1914. Federal Communications Commission FCC 09-26 Federal Communications Commission FCC 09-26 $ - 7 0 0 0
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- not a mandate. Moreover, even in a case where an installment debtor had a legitimate question as to Commission staff compliance with a debt collection rule, that circumstance could not shield the debtor against its own failure to comply with a license payment obligation, which failure would have been what had made debt collection necessary in the first place. Section 1.1901(i) states that the Commission's definition of delinquency for the purposes of its debt collection rules ``in no way . . . affect the Commission's rules . . . regarding payment for licenses (including installment, down, or final payments) or automatic cancellation of Commission licenses . . . .'' This provision cross-references section 1.1902(f), which explains that no debt collection rule
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- Commission FCC 10-1 Moreover, even in a case where an installment debtor had a legitimate question as to Commission staff compliance with a debt collection rule, that circumstance could not shield the debtor against its own failure to comply with a license payment obligation, which failure would have been what had made debt collection necessary in the first place. Section 1.1901(i) states that the Commission's definition of delinquency for the purposes of its debt collection rules "in no way . . . affect the Commission's rules . . . regarding payment for licenses (including installment, down, or final payments) or automatic cancellation of Commission licenses . . . ."261This provision cross-references section 1.1902(f), which explains that no debt collection rule "shall
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 P:P: 3-15. The DCIA rules specify that the term "Commission" includes the USF, TRS Fund, "and any other reporting components of the Commission." See 47 C.F.R. S: 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF, TRS, LNP, and the cost recovery mechanisms for NANP administration are subject to the DCIA. Effective July 1, 2003, USAC implemented new collection procedures as required by the DCIA and the Commission. Pursuant to those procedures, invoices for USF contributions that become over 90 days delinquent are transferred to
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-96A1.html
- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 P:P: 3-15. The DCIA rules specify that the term "Commission" includes the USF, TRS Fund, "and any other reporting components of the Commission." See 47 C.F.R. S: 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF and TRS Fund are subject to the DCIA. Effective July 1, 2003, USAC implemented new collection procedures as required by the DCIA and the Commission. Pursuant to those procedures, invoices for USF contributions that become over 90 days delinquent are transferred to the Commission for further collection. See http://www.universalservice.org/fund-administration/contributors/understandi
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 P:P: 3-15. The DCIA rules specify that the term "Commission" includes the USF, TRS Fund, "and any other reporting components of the Commission." See 47 C.F.R. S: 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF, TRS, and the cost recovery mechanisms for NANP administration are subject to the DCIA. Effective July 1, 2003, USAC implemented new collection procedures as required by the DCIA and the Commission. Pursuant to those procedures, invoices for USF contributions that become over (continued) (continued from previous page) 90 days
- http://transition.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 P:P: 3-15. The DCIA rules specify that the term "Commission" includes the USF, TRS Fund, "and any other reporting components of the Commission." See 47 C.F.R. S: 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF and TRS Fund are subject to the DCIA. See id. S: 1.1914. Federal Communications Commission FCC 09-26 5 16 Federal Communications Commission FCC 09-26 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.doc
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99291.doc
- $1.7 billion is equal to .0016 or an error rate of .16%. See OPM v. City of Richmond, 496 U.S. 414, 424 (1990). 496 U.S. at 426. 496 U.S. at 434. 47 C.F.R. 54.702. 47 C.F.R. 54.705. 47 C.F.R. 1.1911. 47 C.F.R. 1.1912. 31 U.S.C. 3701(a). 31 U.S.C. 3701 et seq., 47 C.F.R. 1.1901 et seq. Section 1.1911 of the Commission's rules both requires and authorizes the Commission to collect debts owed to the United States for which it is responsible, and section 1.1912 authorizes the Commission to offset debts where an offset would be feasible and in accordance with the Commission's applicable rules. 47 C.F.R. 1.1911, 1.1912. Federal Communications Commission FCC 99-291
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00350.doc
- Act once it discovered its errors; only a small percentage of discount funding committed in error actually was disbursed. See infra note 17. See Commitment Adjustment Order, FCC 99-291, at para. 7. See Commitment Adjustment Order, FCC 99-291, at para. 8. See Commitment Adjustment Order, FCC 99-291, at para. 10, citing 31 U.S.C. 3701 et seq., 47 C.F.R. 1.1901 et seq. Section 1.911 of the Commission's rules both authorizes and requires the Commission to collect debts owed to the United States for which it is responsible, and section 1.1912 authorizes the Commission to offset debts where an offset would be feasible and in accordance with the Commission's rules. 47 C.F.R. 1.1911, 1.1912. See Commitment Adjustment Order, FCC 99-291,
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd030721.html
- COMMISSION'S RULES AND REGULATIONS. Granted the Petition for Waiver of setion 54.314(d) of the Commissoin's rules. (Dkt No. 96-45). Action by: Chief, Telecommunications Access Policy Division, Wireline Competition Bureau. Adopted: 07/17/2003 by ORDER. (DA No. 03-2364). WCB REQUEST OF GLH COMMUNICATIONS, INC. Denied the Request for Waiver of Section 1.2110(g)(4) and Dismissed without prejudice the Request for Waiver of Sections 1.1901 et seq. as premature. Action by: Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau. Adopted: 07/18/2003 by ORDER. (DA No. 03-2368). WTB [29]DA-03-2368A1.doc [30]DA-03-2368A1.pdf [31]DA-03-2368A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236536A1.txt 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236702A1.txt 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236758A1.doc 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236758A1.pdf 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236758A1.txt 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236770A1.doc 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236770A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236770A1.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236768A1.doc 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236768A1.pdf 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236768A1.txt 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236744A1.pdf 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-236744A1.txt 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2359A1.doc 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2359A1.pdf 16. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2359A1.txt 17.
- http://www.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
- requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 P:P: 3-15. The DCIA rules specify that the term "Commission" includes the USF, TRS Fund, "and any other reporting components of the Commission." See 47 C.F.R. S: 1.1901(b). Thus, the Commission has determined that unpaid obligations to the USF and TRS Fund are subject to the DCIA. See id. S: 1.1914. Federal Communications Commission FCC 09-26 5 16 Federal Communications Commission FCC 09-26 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.doc