Sec. 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 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

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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.
[ 60 FR 34034 , June 29, 1995]

1.1165  Payment by cashier's check for regulatory fees.

    Payment by cashier's check may be required when a person or 
organization makes payment, on one or more occasions, with a payment 
instrument on which the Commission does not receive final payment and 
such error is not excused by bank error.
[ 60 FR 34034 , June 29, 1995]