§  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 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
   filing application.

   (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
   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.

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