§1.1107 Payment of charges.

(a) Each application or other filing submitted to the Commission on or after May 21, 1990, for which a fee is prescribed by §§1.1102 through 1.1105 of this subpart must be accompanied by a remittance in the full amount of the fee due and FCC Form 155. Except that a separate Fee Form (FCC Form 155) will not be required once the information requirements of that form (the Fee Code, fee amount, and total fee remitted) are incorporated into the underlying application form.

NOTE: This requirement for the simultaneous submission of fees with applications or

other filings does not apply to the payment of fees for which the Commission has established a billing process. See §1.1117 of this subpart.

(1) A single FCC Form 155 may be used when paying multiples of a single type of fee for authorizations that may be requested in one application or request and/or for up to five different authorizations (with different fee codes) that may be requested in the same application or request.

(2) Applications or requests subject to fees that are submitted without the FCC Form 155 will be dismissed. Improperly completed FCC Forms 155 may subject the underlying filing to dismissal under paragraph (b).

(b) Filings subject to a fee under this subpart that are submitted without a fee, with an insufficient fee, with a fee payment in an improper form (see §1.1108), or with a payment instrument that is uncollectable shall be dismissed and the application returned to the applicant or its designated agent without processing. See also §1.1114.

(c) Unless otherwise stated in this subpart, no application or other filing will be deemed sufficient for processing unless the correct fee is attached. The Commission reserves the right to discontinue processing and dismiss any application or filing if, at any time, bureau or office staff discover upon further examination that an insufficient fee has been submitted.

(d) Application returned to applicants for additional information or corrections will not require an additional fee when resubmitted, unless the additional information results in an increase of the original fee amount. The additional fee will then be required with the resubmission. The entire fee will be forfeited if the application is not resubmitted to the Commission by the appropriate resubmission deadline. Applicants should attach a copy of the Commission request for additional or corrected information, or a stamped copy of the original submission, to their resubmission.

(e) Should the staff change the status of an application, resulting in an increase in the fee due, the applicant will be billed for the remainder under the conditions established by §1.110(b) of the rules.

NOTE: Due to the statutory requirements applicable to tariff filings, the procedures for handling tariff filings may vary from the procedures set out in the rules.

[52 FR 5289, Feb. 20, 1987, as amended at 53 FR 40888, Oct. 19, 1988; 55 FR 19171, May 8, 1990]

§1.1108 Form of payment.

(a) Fee payments should be in the form of a check, bank draft or money order denominated in U.S. dollars and deposited in a United States financial institution. These payment instruments must be made payable to the Federal Communications Commission. The Commission discourages applicants from sending cash and will not be responsible for cash sent through the mails.

(b) Applicants are required to submit one payment instrument (check, bank draft or money order) and FCC Form 155 with each application or filing. Multiple payment instruments for a single application or filing are not permitted. Except that a separate Fee Form (FCC Form 155) will not be required once the information requirements of that form (the Fee Code, fee amount, and total fee remitted) are incorporated into the underlying application form.

(c) The Commission may accept multiple money orders in payment of a fee for a single application where the fee exceeds the maximum amount for a money order established by the issuing agency and the use of multiple money orders is the only practical method available for fee payment.

(d) The Commission may require payment of fees with a cashier's check upon notification to an applicant or filer or prospective group of applicants under the conditions set forth below. This method of payment will be required only after an applicant has received a letter from the Commission detailing the terms and conditions of payment or the Commission has released a Public Notice requiring this method of payment for a future filing period.

(1) Payment by cashier's check may be required when

(1) A person or organization has, on two or more occasions made payment with a payment instrument on which

the Commission does not receive final payment, as defined by §1.1110, and such failure is not excused by bank error or;

(ii) The numbers of expected receipts for a particular filing window or time frame justifies the use of a cashier's check to ensure final payment before the Commission expends resources in processing the submissions.

(e) All fees collected will be paid into the general fund of the United States Treasury in accordance with Pub. L. 99-272.

(f) Receipts for fee submissions will not be furnished. An applicant may request a copy of its application date stamped by the Commission. An extra copy of the application should be provided for this purpose, and those filing by mail should provide a stamped, selfaddressed envelope for the return of the date stamped copy of the application. Applicants filing through frequency coordinators (see §§1.912 and 1.1102 of this part) may obtain a date stamped copy of their application as filed in this manner.

[52 FR 5289, Feb. 20, 1987; 52 FR 38232, Oct. 15, 1987, as amended at 53 FR 40888, Oct. 19, 1988; 55 FR 19171, May 8, 1990]

§1.1109 Filing locations.

(a) Except as noted herein, applications or other filings, with attached fees and FCC Form 155 must be submitted to the locations and addresses set forth in §§1.1102 through 1.1105 of the Commission's rules.

(1) Tariff filings shall be filed with the Federal Communications Commission, Washington, DC. On the same day, the filer should submit a copy of the cover letter, the FCC Form 155, and the appropriate fee to the Mellon Bank at the address established in §1.1105.

(2) Fee Bills will be paid at the Mellon Bank at the address for the appropriate service as established in §§ 1.1102 through 1.1105, as set forth on the bill sent by the Commission. Payments must be accompanied by a copy of the bill sent by the Commission.

(3) Fees submitted with petitions for reconsideration or applications for review of fee decisions pursuant to §1.1116(b) of this subpart will be paid at the Fee Section, Federal Communica

tions Commission, Washington, DC 20554.

(4) Applicants claiming an exemption from otherwise applicable fees under 47 U.S.C. 158(d)(1) or §1.1112 of this subpart shall file their applications in the appropriate location as set forth in the rules for the service for which they are applying. Such applications should not be filed at the Mellon Bank.

(b) All materials must be submitted as one package. The Commission will not take responsibility for matching fees, forms and applications submitted at different times or locations. Materials submitted at other than the location and address required by $0.401(b) and paragraph (a) of this section will be returned to the applicant or filer. [55 FR 19171, May 8, 1990]

§ 1.1110 Conditionality of Commission or staff authorizations.

(a) Any instrument of authorization granted by the Commission, or by its staff under delegated authority, will be conditioned upon final payment of the applicable fee and timely payment of bills issued by the Commission. As applied to checks, bank drafts and money orders, final payment shall mean receipt by the Treasury of funds cleared by the financial institution on which the check, bank draft or money order is drawn.

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

(i) Dismissed and returned to the applicant;

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

(iii) And will not be accorded nunc pro tunc treatment if resubmitted after the relevant filing deadline.

(2) If, subsequent to a grant of an instrument of authorization, 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; and

(ii) Notify the grantee of this action; and

(iii) Not permit nunc pro tunc treatment for the resubmission of the application or filing if the relevant deadline has expired.

(3) Upon receipt of a notification of rescision 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 fee or issued a bill payable at a future date, further processing of the application or filing, or the grant of authority, shall be conditioned upon final payment of the fee, plus other required payments for late payments, by the date prescribed by the deferral decision or bill. Failure to comply with the terms of the deferral decision or bill shall result in the automatic dismissal of the submission or rescision of the Commission authorization for failure to meet the condition imposed by this subpart. The Commission reserves the right to return payments received after the date established on the bill and exercise the conditions attached to the application. The Commission shall:

(1) Notify the grantee that the authorization has been rescinded;

(i) Upon such notification, the grantee will immediately cease operations initiated pursuant to the authorization.

(2) Not permit nunc pro tunc treatment to applicants who attempt to refile after the original deadline for the underlying submission.

(c) Where the procedures outlined in paragraphs (a) and (b) of this section would not provide a meaningful incentive to pay a fee that is due or would not be a meaningful sanction for failure to pay such a fee, in the alternative to those procedures, the Commission may, in its discretion, withhold processing and/or grant of any other application or filing made by a person or organization who has failed to make full payment of any fee due under this subpart.

(1) Before taking such action, the staff will make a written request for the fee, together with any penalties that may be due under this subpart. Such request shall inform the applicant/filer that failure to pay will result

in the Commission's withholding action on any other application or request filed by the applicant. The staff shall also inform the applicant of the procedures for seeking Commission review of the staff's fee determination.

(2) If, after final determination that the fee is due, the applicant fails to pay the fee in a timely manner, the staff may terminate the processing and/or withhold a grant of any other application or filing pending or later filed by the applicant, until the matter is resolved.

[52 FR 5289, Feb. 20, 1987, as amended at 55 FR 19171, May 8, 1990]

§1.1111 Return or refund of charges.

(a) The full amount of any fee submitted will be returned or refunded, as appropriate, in the following circumstances:

(1) When no fee is required for the application or other filing.

(2) When the fee processing staff or bureau/office determines that an insufficient fee has been submitted within 30 calendar days of receipt of the application or filing and the application or filing is dismissed.

(3) When the application is filed by an applicant who cannot fulfill a prescribed age requirement.

(4) When the Commission adopts new rules that nullify applications already accepted for filing, or new law or treaty would render useless a grant or other positive disposition of the application.

(5) When a waiver is granted in accordance with this subpart.

NOTE: Payments in excess of an application fee will be refunded only if the overpayment is $8 or more.

(6) When an application for new or modified facilities is not timely filed in accordance with the filing window as established by the Commission in a public notice specifying the earliest and latest dates for filing such applications.

(b) Applicants in the Mass Media Services designated for comparative hearings will be entitled to a grant without payment of the hearing fee or a refund of the hearing fee paid in the following circumstances.