Goto Section: 1.1163 | 1.1165 | Table of Contents
Revised as of January 17, 2020
Goto Year:2019 |
§ 1.1164 Penalties for late or insufficient regulatory fee payments.
Electronic payments are considered timely when a wire transfer was
received by the Commission's bank no later than 6:00 p.m. on the due
date; confirmation to pay.gov that a credit card payment was successful
no later than 11:59 p.m. (EST) on the due date; or confirmation an ACH
was credited no later than 11:59 p.m. (EST) on the due date. In
instances where a non-annual regulatory payment (i.e., delinquent
payment) is made by check, cashier's check, or money order, 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. Where a non-annual regulatory fee payment is made by
check, cashier's check, or money order, 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 the Managing Director. 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 or installment payment which was not paid in a
(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 where 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 revocation.
(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 timely pay a regulatory fee, or any
associated interest or penalty, the Commission will provide prior
notice of its intent to revoke the licensee's instruments of
authorization by registered mail, return receipt requested to the
licensee at its last known address. The notice shall provide the
licensee no less than 60 days to either pay the fee, penalty and
interest in full or show cause why the fee, interest or penalty 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 the 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 Commission order adopted under the regulation in paragraph (f)
of this section shall determine the amount due, if any, and provide the
licensee with at least 60 days to pay that amount or have its
(5) No order of revocation under this section shall become final until
the licensee has exhausted its right to judicial review of such order
under 47 U.S.C. 402(b)(5).
(6) 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 required fee, including interest thereon, any
associated penalties, and the full cost of collection to the Federal
Government pursuant to section 3702A of the Internal Revenue Code, 31
U.S.C. 3717, and the provisions of the Debt Collection Improvement Act.
See § § 1.1901 through 1.1952. The debt collection processes described in
paragraphs (a) through (f)(5) of this section may proceed concurrently
with any other sanction in this paragraph (f)(6).
(7) An application or filing by a regulatee that is delinquent in its
debt to the Commission is also subject to dismissal under § 1.1910.
[ 84 FR 51002 , Sept. 26, 2019]
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Goto Section: 1.1163 | 1.1165
Goto Year: 2019 |
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