§  1.1910   Effect of insufficient fee payments, delinquent debts, or
debarment.

   (a)(1) An application (including a petition for reconsideration or any
   application for review of a fee determination) or request for
   authorization subject to the FCC Registration Number (FRN) requirement
   set forth in subpart W of this chapter will be 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 (see, e.g., 31 CFR 285.13; 47
   CFR part 1, subpart P).

   (2) Fee payments, delinquent debt, and debarment will be examined based
   on the entity's taxpayer identifying number (TIN), supplied when the
   entity acquired or was assigned an FRN. See 47 CFR 1.8002(b)(1).

   (b)(1) Applications by any entity found not to have paid the proper
   application or regulatory fee will be handled pursuant to the rules set
   forth in 47 CFR part 1, subpart G.

   (2) Action will be withheld on applications, including on a petition
   for reconsideration or any application for review of a fee
   determination, or requests for authorization by any entity found to be
   delinquent in its debt to the Commission (see § 1.1901(i)), unless
   otherwise 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 Collection Improvement Act, 31 U.S.C. 3717.

   (3) If a delinquency has not been paid or the debtor has not made other
   satisfactory arrangements within 30 days of the date of the notice
   provided pursuant to paragraph (b)(2) of this section, the application
   or request for authorization will be dismissed.

   (i) The provisions of paragraphs (b)(2) and (b)(3) of this section will
   not apply if the applicant has timely filed a challenge through an
   administrative appeal or a contested judicial proceeding either to the
   existence or amount of the non-tax delinquent debt owed the Commission.

   (ii) The provisions of paragraphs (b)(2) and (b)(3) of this section
   will not apply where more restrictive rules govern treatment of
   delinquent debtors, such as 47 CFR 1.2105(a)(2)(xi) and (xii).

   (c)(1) Applications for emergency or special temporary authority
   involving safety of life or property (including national security
   emergencies) or involving a brief transition period facilitating
   continuity of service to a substantial number of customers or end
   users, will not be subject to the provisions of paragraphs (a) and (b)
   of this section. However, paragraphs (a) and (b) will be applied to
   permanent authorizations for these services.

   (2) The provisions of paragraphs (a) and (b) of this section will not
   apply to applications or requests for authorization to which 11 U.S.C.
   525(a) is applicable.

   [ 69 FR 57230 , Sept. 24, 2004, as amended at  76 FR 70910 , Nov. 16, 2011;
    80 FR 56809 , Sept. 18, 2015]

   

Administrative Offset--Consumer Reporting Agencies--Contracting for
Collection