§  1.1161   Conditional license grants and delegated authorizations.

   (a) Grant of any application or an instrument of authorization or other
   filing for which a regulatory fee is required to accompany the
   application or filing, will be conditioned upon final payment of the
   current or delinquent regulatory fees. Final payment shall mean receipt
   by the U.S. Treasury of funds cleared by the financial institution on
   which the check, bank draft, money order, credit card (Visa,
   MasterCard, American Express, or Discover), wire or electronic payment
   is drawn.

   (1) If, prior to a grant of an instrument of authorization, the
   Commission is notified that final payment of the regulatory fee has not
   been made, the application or filing:

   (i) Will be dismissed and returned;

   (ii) Shall lose its place in the processing line; and

   (iii) Will not be treated as timely filed if resubmitted after the
   relevant filing deadline.

   (2) If, subsequent to a grant of an instrument of authorization or
   other filing, the Commission is notified that final payment has not
   been made, the Commission will:

   (i) Automatically rescind that instrument of authorization for failure
   to meet the condition imposed by this subsection;

   (ii) Notify the grantee of this action; and

   (iii) Treat as late filed any application resubmitted after the
   original deadline for filing the application.

   (3) Upon receipt of a notification of rescission of the authorization,
   the grantee will immediately cease operations initiated pursuant to the
   authorization.

   (b) In those instances where the Commission has granted a request for
   deferred payment of a regulatory fee, further processing of the
   application or filing or the grant of authority shall be conditioned
   upon final payment of the regulatory fee and any required penalties for
   late payment prescribed by the deferral decision. Failure to comply
   with the terms of the deferral decision shall result in the automatic
   dismissal of the submission or rescission of the Commission
   authorization. Further, the Commission shall:

   (1) Notify the grantee that the authorization has been rescinded. Upon
   such notification, the grantee will immediately cease operations
   initiated pursuant to the authorization; and

   (2) Treat as late filed any application resubmitted after the original
   deadline for filing the application.

   (c)(1) Where an applicant is found to be delinquent in the payment of
   regulatory fees, the Commission will make a written request for the
   fee, together with any penalties that may be rendered under this
   subpart. Such request shall inform the regulatee that failure to pay
   may result in the Commission withholding action on any application or
   request filed by the applicant. The staff shall also inform the
   regulatee of the procedures for seeking Commission review of the
   staff's determination.

   (2) If, after final determination that the fee is due or that the
   applicant is delinquent in the payment of fees and payment is not made
   in a timely manner, the staff will withhold action on the application
   or filing until payment or other satisfactory arrangement is made. If
   payment or satisfactory arrangement is not made within 30 days, the
   application will be dismissed.

   [ 60 FR 34032 , June 29, 1995, as amended at  69 FR 27848 , May 17, 2004]

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