47 CFR Section 1.1166

Federal Communications Commission

§ 1.1166

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 paragraph.
(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 1.1910.

final payment and such error is not excused by bank error.

[60 FR 34034, June 29, 1995, as amended at 69
FR 27848, May 17, 2004]

§ 1.1165 Payment by cashier’s check
for regulatory fees.
Payment by cashier’s check may be
required when a person or organization
makes payment, on one or more occasions, with a payment instrument on
which the Commission does not receive

[60 FR 34034, June 29, 1995]

§ 1.1166 Waivers, reductions and deferrals of regulatory fees.
The fees established by sections
1.1152 through 1.1156 may be waived, reduced or deferred in specific instances,
on a case-by-case basis, where good
cause is shown and where waiver, reduction or deferral of the fee would
promote the public interest. Requests
for waivers, reductions or deferrals of
regulatory fees for entire categories of
payors will not be considered.
(a) Requests for waivers, reductions
or deferrals 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.
(1) If the request for waiver, reduction or deferral is accompanied by a fee
payment, the request must be submitted to the Commission’s lockbox
bank at the address for the appropriate
service set forth in §§ 1.1152 through
1.1156 of this subpart.
(2) If no fee payment is submitted,
the request should be filed with the
Commission’s Secretary.
(b) Deferrals of fees will be granted
for a period of six months following the
date that the fee is initially due.
(c) Petitions for waiver of a regulatory fee must be accompanied by the
required fee and FCC Form 159. Submitted fees will be returned if a waiver
is granted. Waiver requests that do not
include the required fees or forms will
be dismissed unless accompanied by a
petition to defer payment due to financial hardship, supported by documentation of the financial hardship.
(d) Petitions for reduction of a fee
must be accompanied by the full fee
payment and Form 159. Petitions for
reduction accompanied by a fee payment must be addressed to the Federal
Communications Commission, Attention: Petitions, Post Office Box 358835,
Pittsburgh, Pennsylvania, 15251–5835.

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§ 1.1167

47 CFR Ch. I (10–1–06 Edition)

Petitions for reduction that do not include the required fees or forms will be
dismissed unless accompanied by a petition to defer payment due to financial hardship, supported by documentation of the financial hardship.
(e) Petitions for waiver of a fee based
on financial hardship, including bankruptcy, will not be granted, even if otherwise consistent with Commission policy, to the extent that the total regulatory and application fees for which
waiver is sought exceeds $500,000 in any
fiscal year, including regulatory fees
due in any fiscal year, but paid prior to
the due date. In computing this
amount, the amounts owed by an entity and its subsidiaries and other affiliated entities will be aggregated. In
cases where the claim of financial
hardship is not based on bankruptcy,
waiver, partial waiver, or deferral of
fees above the $500,000 cap may be considered on a case-by-case basis.
[60 FR 34034, June 29, 1995, as amended at 65
FR 78989, Dec. 18, 2000; 66 FR 36206, July 11,
2001; 68 FR 48469, Aug. 13, 2003]

§ 1.1167 Error claims related to regulatory fees.
(a) Challenges to determinations or
an insufficient regulatory fee payment
or delinquent fees should be made in
writing. A challenge to a determination that a party is delinquent in paying a standard regulatory fee must be
accompanied by suitable proof that the
fee had been paid or waived (deferred
from payment during the period in
question), or by the required regulatory payment and any assessed penalty payment (see § 1.1164(c) of this subpart). Challenges submitted with a fee
payment must be submitted to address
stated on the invoice or billing statement. Challenges not accompanied by a
fee payment should be filed with the
Commission’s Secretary and clearly
marked to the attention of the Man-

aging
Director
or
emailed
to
[email protected].
(b) The filing of a petition for reconsideration or an application for review
of a fee determination will not relieve
licensees from the requirement that
full and proper payment of the underlying fee payment be submitted, as required by the Commission’s action, or
delegated action, on a request for waiver, reduction or deferment. Petitions
for reconsideration and applications
for review submitted with a fee payment must be submitted to the same
location as the original fee payment.
Petitions for reconsideration and applications for review not accompanied by
a fee payment should be filed with the
Commission’s Secretary and clearly
marked to the attention of the Managing Director.
(1) Failure to submit the fee by the
date required will result in the assessment of a 25 percent penalty.
(2) If the fee payment should fail
while the Commission is considering
the matter, the petition for reconsideration or application for review will be
dismissed.
[60 FR 34035, June 29, 1995, as amended at 69
FR 27848, May 17, 2004]

§ 1.1181 Authority to prescribe and collect fees for competitive bidding-related services and products.
Authority to prescribe, impose, and
collect fees for expenses incurred by
the government is governed by the
Independent Offices Appropriation Act
of 1952, as amended, 31 U.S.C. 9701,
which authorizes agencies to prescribe
regulations that establish charges for
the provision of government services
and products. Under this authority, the
Federal Communications Commission
may prescribe and collect fees for competitive bidding-related services and
products as specified in § 1.1182.
[60 FR 38280, July 26, 1995]

§ 1.1182 Schedule of fees for products and services provided by the Commission
in connection with competitive bidding procedures.
Product or service

Fee amount

Payment procedure

On-line remote access 900 Number Telephone Service).

2.30 per minute .......................................

Charges included on customer’s long
distance telephone bill.

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