47 CFR Section 1.1117

§ 1.1117

47 CFR Ch. I (10–1–06 Edition)

payment of these charges are contingent and subject to rescission.
(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, 31 U.S.C. 3717 and 3720A. 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]
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.

§ 1.1117 Petitions and applications for
review.
(a) The fees established by this subpart may be waived or deferred in specific instances where good cause is
shown and where waiver or deferral of
the fee would promote the public interest.
(b) Requests for waivers or deferrals
will only be considered when received
from applicants acting in respect to
their own applications. Requests for
waivers or deferrals of entire classes of
services will not be considered.
(c) Petitions for waivers, deferrals,
fee determinations, reconsiderations
and applications for review will be
acted upon by the Managing Director
with the concurrence of the General
Counsel. All such filings within the
scope of the fee rules shall be filed as a
separate pleading and clearly marked
to the attention of the Managing Director. Any such request that is not
filed as a separate pleading will not be
considered by the Commission. Requests for deferral of a fee payment for
financial hardship must be accompanied by supporting documentation.

(1) Petitions and applications for review submitted with a fee must be submitted to the Commission’s lock box
bank at the address for the appropriate
service set forth in §§ 1.1102 through
1.1107.
(2) If no fee payment is submitted,
the request should be filed with the
Commission’s Secretary.
(d) Deferrals of fees will be granted
for an established period of time not to
exceed six months.
(e) Applicants seeking waivers must
submit the request for waiver with the
application or filing, required fee and
FCC Form 159, or a request for deferral.
A petition for waiver and/or deferral of
payment must be submitted to the Office of the Managing Director as specified in paragraph (c) of this section.
Waiver requests that do not include
these materials will be dismissed in accordance with § 1.1109 of this subpart.
Submitted fees will be returned if a
waiver is granted. The Commission will
not be responsible for delays in acting
upon these requests.
(f) Petitions for waiver of a fee based
on financial hardship will be subject to
the provisions of paragraph 1.1166(e).
[52 FR 5289, Feb. 20, 1987, as amended at 55
FR 19172, May 8, 1990; 55 FR 38065, Sept. 17,
1990. Redesignated and amended at 59 FR
30998, June 16, 1994, as further amended at 59
FR 30999, June 16, 1994. Redesignated at 60
FR 5326, Jan. 27, 1995, as amended at 65 FR
49762, Aug. 15, 2000; 66 FR 36202, July 11, 2001;
67 FR 67337, Nov. 5, 2002; 68 FR 48467, Aug. 13,
2003]

§ 1.1118

Error claims.

(a) Applicants who wish to challenge
a staff determination of an insufficient
fee or delinquent debt may do so in
writing. A challenge to a determination that a party is delinquent in paying the full application fee must be accompanied by suitable proof that the
fee had been paid or waived (or deferred
from payment during the period in
question), or by the required application payment and any assessment penalty payment (see § 1.1116) of this subpart). Failure to comply with these
procedures will result in dismissal of
the challenge. These claims should be

350

VerDate Aug<31>2005

00:46 Nov 03, 2006

Jkt 208196

PO 00000

Frm 00360

Fmt 8010

Sfmt 8010

Y:\SGML\208196.XXX

208196