FCC 1.1164 Revised as of October 1, 2014
Goto Year:2013 |
§ 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 not 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
(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 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
(5) An application or filing by a regulatee that is delinquent in its
debt to the Commission is also subject to dismissal under 47 CFR
[ 60 FR 34034 , June 29, 1995, as amended at 69 FR 27848 , May 17, 2004;
76 FR 24393 , May 2, 2011; 76 FR 49364 , Aug. 10, 2011]
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