Sec. 1.1113  Return or refund of charges.

    (a) The full amount of any fee submitted will be returned or 
refunded, as appropriate, in the following circumstances:
    (1) When no fee is required for the application or other filing.
    (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

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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 $8 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) Applicants in the Mass Media Services designated for comparative 
hearings will be entitled to a grant without payment of the hearing fee 
or a refund of the hearing fee paid in the following circumstances.
    (1) The application is granted without being designated for hearing;
    (2) The application is dismissed, voluntarily or involuntarily, 
prior to designation for hearing, in the order designating the case for 
hearing, or for failure to file a Notice of Appearance (see Sec. 1.221 
of this part);
    (3) When only one applicant files a Notice of Appearance and pays 
the hearing fee, that single remaining applicant will be entitled to a 
refund of the hearing fee upon request if it is immediately grantable or 
if all issues specified in the designation order and requiring 
resolution can be deleted. See Sec. 1.229 of this part.
    (4) When a settlement agreement filed with the presiding judge by 
the Notice of Appearance deadline (see Sec. 1.221 of this part) provides 
for the dismissal of all but one of the applicants, and the single 
remaining applicant is immediately grantable, no hearing fee is due. 
However, if the applicant cannot be granted without resolution of issues 
specified in the designation order, it must pay the hearing fee. That 
payment will be refunded upon request if all outstanding issues can be 
deleted. See Sec. 1.229 of this part.
    (5) However, under paragraphs, (c) (3) or (4) of this section, 
hearing fees will be retained by the Commission in any case requiring a 
decision on the merits of an applicant's post-designation amendment or 
evidentiary showing, whether by Summary Decision or otherwise. See 
Secs. 1.251 and 1.267 of this part.
    (c) Applicants in the Mass 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 indicating that 
there is a previously filed pending application for the same vacant 
channel, such application 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 applicant.
[ 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]