Goto Section: 1.1117 | 1.1119 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.1118 Penalty for late or insufficient payments.
(a) Filings subject to fees and accompanied by defective fee
submissions will be dismissed under § 1.1111 (d) of this subpart where
the defect is discovered by the Commission's staff within 30 calendar
days from the receipt of the application or filing by the Commission.
(1) A defective fee may be corrected by resubmitting the application or
other filing, together with the entire correct fee.
(2) For purposes of determining whether the filing is timely, the date
of resubmission with the correct fee will be considered the date of
filing. However, in cases where the fee payment fails due to error of
the applicant's bank, as evidenced by an affidavit of an officer of the
bank, the date of the original submission will be considered the date
(b) Applications or filings accompanied by insufficient fees or no
fees, or where such applications or filings are made by persons or
organizations that are delinquent in fees owed to the Commission, that
are inadvertently forwarded to Commission staff for substantive review
will be billed for the amount due if the discrepancy is not discovered
until after 30 calendar days from the receipt of the application or
filing by the Commission. Applications or filings that are accompanied
by insufficient fees or no fees will have a penalty charge equaling 25
percent of the amount due added to each bill. Any Commission action
taken prior to timely payment of these charges is contingent and
subject to rescission.
(c) Applicants to whom a deferral of payment is granted under the terms
of this subsection will be billed for the amount due plus a charge
equalling 25 percent of the amount due. Any Commission actions taken
prior to timely payment of these charges are contingent and subject to
(d) Failure to submit fees, following notice to the applicant 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 the provisions
of the Debt Collection Improvement Act of 1996 (DCIA), Public Law
104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996), codified at 31 U.S.C.
3711 et seq. See 47 CFR 1.1901 through 1.1952. The debt collection
processes described above may proceed concurrently with any other
sanction in this paragraph.
[ 52 FR 5289 , Feb. 20, 1987, as amended at 53 FR 40889 , Oct. 19, 1988;
55 FR 19172 , May 8, 1990. Redesignated and amended at 59 FR 30998 , June
16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 67 FR 67337 , Nov. 5, 2002; 69 FR 41177 , July 7, 2004; 69 FR 27847 , May 17,
2004; 69 FR 41177 , July 7, 2004. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009]
Editorial Note: At 69 FR 57230 , Sept. 24, 2004, § 1.1116(a) introductory
text was corrected by changing the reference to “§ 1.1109(b)” to read
“§ 1.1109(d)”; however, the amendment could not be incorporated because
that reference does not exist in the paragraph.
Goto Section: 1.1117 | 1.1119
Goto Year: 2020 |
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