Sec. 1.1161  Conditional license grants and delegated authorizations.

    (a) Grant of any application or an instrument of authorization or 
other filing, for which a regulatory fee is required to accompany the 
application or filing, will be conditioned upon final payment of the 
regulatory fee. Final payment shall mean receipt by the U.S. Treasury of 
funds cleared by the financial institution on which the check, bank 
draft, money order, credit card, wire or electronic payment is drawn.
    (1) If, prior to a grant of an instrument of authorization, the 
Commission is notified that final payment of the regulatory fee has not 
been made, the application or filing:
    (i) Will be dismissed and returned;
    (ii) Shall lose its place in the processing line; and
    (iii) Will not be treated as timely filed if resubmitted after the 
relevant filing deadline.
    (2) If, subsequent to a grant of an instrument of authorization or 
other filing, the Commission is notified that final payment has not been 
made, the Commission will:
    (i) Automatically rescind that instrument of authorization for 
failure to

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meet the condition imposed by this subsection;
    (ii) Notify the grantee of this action; and
    (iii) Treat as late filed any application resubmitted after the 
original deadline for filing the application.
    (3) Upon receipt of a notification of rescission of the 
authorization, the grantee will immediately cease operations initiated 
pursuant to the authorization.
    (b) In those instances where the Commission has granted a request 
for deferred payment of a regulatory fee, further processing of the 
application or filing or the grant of authority shall be conditioned 
upon final payment of the regulatory fee and any required penalties for 
late payment prescribed by the deferral decision. Failure to comply with 
the terms of the deferral decision shall result in the automatic 
dismissal of the submission or rescission of the Commission 
authorization. Further, the Commission shall:
    (1) Notify the grantee that the authorization has been rescinded. 
Upon such notification, the grantee will immediately cease operations 
initiated pursuant to the authorization; and
    (2) Treat as late filed any application resubmitted after the 
original deadline for filing the application.
    (c) Where the procedures described in paragraphs (a) and (b) of this 
section would not provide a meaningful incentive to pay a regulatory fee 
that is due or would not be a meaningful sanction for failure to pay 
such a fee, the Commission may, in its discretion, whether the 
regulatory fee is required to be paid with an application for an 
instrument of authorization or otherwise, withhold processing and/or 
grant of any application or filing made by a person or organization who 
has failed to make full payment of any regulatory fee due.
    (1) Before taking such action, the staff will make a written request 
for the fee, together with any penalties that may be rendered under this 
subpart. Such request shall inform the regulatee that failure to pay may 
result in the Commission withholding action on any application or 
request filed by the applicant. The staff shall also inform the 
regulatee of the procedures for seeking Commission review of the staff's 
fee determination.
    (2) If, after final determination that the fee is due, payment is 
not made in a timely manner, the staff may terminate processing and/or 
withhold any grant or petition requested by the person or organization 
subject to the fee payment requirement, until the matter is resolved.
[ 60 FR 34032 , June 29, 1995]