Goto Section: 1.1909 | 1.1911 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.1910 Effect of insufficient fee payments, delinquent debts, or
(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
Goto Section: 1.1909 | 1.1911
Goto Year: 2020 |
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