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a year, on any portion of a debt that is delinquent for more than 90 days. This charge need not be calculated until the 91st day of delinquency, but shall accrue from the date that the debt became delinquent.

(f) When a debt is paid in partial or installment payments, amounts received by the agency shall be applied first to outstanding penalty and administrative cost charges, second to accrued interest, and third to the outstanding principal.

(g) The Commission will waive the collection of interest on the debt or any portion of the debt which is paid within 30 days after the date on which interest began to accrue. It may extend this 30-day period, on a case-by-case basis, if it reasonably determines that such action is appropriate. Also, the Commission may waive, in whole or In part, the collection of interest, penalties, and/or administrative costs assessed under this section under the criteria specified in part 103 of the Federal Claims Collection Standards (4 CFR part 103) relating to the compromise of claims (without regard to the amount of the debt), or if it determines that collection of these charges would be against equity and good conscience, or not in the best interest of the United States. Waiver under the first sentence of this paragraph (g) is mandatory. Under the second and third sentences, it may be exercised under appropriate circumstances. Examples of appropriate circumstances Include:

(1) Waiver of interest pending the agency'B disposition of a request for reconsideration, administrative review, or waiver of the underlying debt under a permissive statute, and

(2) Waiver of interest where the Commission has accepted an installment plan under $11914, and there is no indication of fault or lack of good faith on the part of the debtor.

(h) Where a mandatory waiver or review statute applies, interest and related charges may not be assessed for those periods during which collection action must be suspended under $104.2(0(1) of the Federal Claims Collection Standards (4 CFR part 104).

$ 1.1941 Exemption*.

(a) The provisions concerning interest and penalty on claims contained in 31 U.S.C. 3717 do not apply:

(1) To debts owed by any State or local government;

(2) To debts arising under contracts which were executed prior to, and were in effect on (i.e., were not completed as of). October 26,1982;

(3) To debts where an applicable statute, regulation required by statute, loan agreement, or contract either prohibits such charges or explicitly fixes the charges that apply to the debts arising under the Social Security Act. the Internal Revenue Code of 1954. or the tariff laws of the United States.

(b) However, the Commission is authorized to assess interest and related charges on debts which are not subject to 31 U.S.C. 3717 to the extent authorized under the common law or other applicable statutory authority.

$ 1.1942 Other sanctions.

The remedies and sanctions available to the Commission in this subpart are not exclusive. The Commission may Impose other sanctions, where per mitted by law, for any inexcusable, prolonged, or repeated failure of debtor to pay such a claim. In sucb cases, the Commission will provide notice, as required by law, to the debtor prior to imposition of any such sanction.

Cooperation With The Internal
Revenue Service

$ 1.1960 Reporting discharged debt* to the Internal Revenue Service.

When the Commission discharges a debt for less than the full value of the indebtedness, it will report the outstanding balance discharged, not Including interest, to the Internal Revenue Service, using IRS Form 1099-G or any other form prescribed by the Service, when:

(a) The principal amount of the debt not in dispute is $600 or more; and

(b) The obligation has not been discharged in a bankruptcy proceeding and

(c) The obligation 1b no longer col lectlble either because the time limit in the applicable statute for enforctaf collection expired during the tax year, or because during the year a formal compromise agreement was reached in which the debtor was legally discharged of all or a portion of the obligation.

11.1961 Offset against tax refund*.

The Commission will take action to effect administrative offset against tax refunds due to debtors under 26 U.S.C. 6402, in accordance with the provisions of 31 U.S.C. 3720A and Treasury Department regulations.

General Provisions Concerning
Interagency Requests

i 1.1962 Interagency requests.

(a) Requests to the Commission by other Federal agencies for administrative or salary offset shall be in writing and forwarded to the Financial Services Branch, FCC, 1919 M Street NW., Washington, DC 20564.

(b) Requests by the Commission to other Federal agencies holding funds payable to the debtor will be In writing ud forwarded, certified return receipt, u specified by that agency in its regulations. If the agency's rules governing -his matter are not readily available or identifiable, the request will be submitted to that agency's office of legal counsel with a request that it be processed in accordance with their internal procedures.

(c) Requests to and from the Commission shall be accompanied by a certification that the debtor owes the debt '.including the amount) and that the procedures for administrative or salary offset contained in this subpart, or comparable procedures prescribed by the requesting agency, have been fully

rr.piied with. The Commission will cooperate with other agencies in effecting collection.

(d) Requests to and from the Commission shall be processed within 30 calendar days of receipt. If such proofing is impractical or not feasible, lotice to extend the time period for an>ther 30 calendar days will be forwarded 10 calendar days prior to the ixpiration of the first 30-day period.

Subpart P—Implementation of the Anti-Drug Abuse Act of 1988.

Source: 57 FR 187, Jan. 3, 1992, unless otherwise noted.

f 1.2001 Purpose.

To determine eligibility for professional and/or commercial licenses issued by the Commission with respect to any denials of Federal benefits imposed by Federal and/or state courts under authority granted in 21 U.S.C. 853a.

§ 1.2002 Applicants required to submit information.

(a) In order to be eligible for any new, modified, and/or renewed instrument of authorization from the Commission, including but not limited to, authorizations issued pursuant to sections 214, 301, 302, 303(1), 308. 310(d). 318, 319, 325(b), 351, 361(b), 362(b), 381, and 385 of the Communications Act of 1934, as amended, by whatever name that instrument may be designated, all applicants shall certify that neither the applicant nor any party to the application is subject to a denial of Federal benefits that includes FCC benefits pursuant to section 5301 of the AntiDrug Abuse Act of 1988. 21 U.S.C. 853a. If a section 5301 certification has been incorporated into the FCC application form being filed, the applicant need not submit a separate certification. If a section 5301 certification has not been incorporated into the FCC application form being filed, the applicant shall be deemed to have certified by signing the application, unless an exhibit is included stating that the signature does not constitute such a certification and explaining why the applicant is unable to certify. If no FCC application form is involved, the applicant must attach a certification to its written application. If the applicant is unable to so certify, the applicant shall be ineligible for the authorization for which it applied, and will have 90 days from the filing of the application to comply with this rule. If a section 5301 certification has been incorporated into the FCC application form, failure to respond to the question concerning certification shall result in dismissal of the applica

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tion pursuant to the relevant processing rules.

(b) A party to the application, as used in paragraph (a) of this section shall include:

(1) If the applicant is an individual, that individual;

(2) If the applicant is a corporation or unincorporated association, all officers, directors, or persons holding 5% or more of the outstanding stock or shares (voting and/or non-voting) of the applicant; and

(3) If the applicant is a partnership, all non-limited partners and any limited partners holding a 5% or more interest in the partnership.

(c) The provisions of paragraphs (a) and (b) of this section are not applicable to the Amateur Radio Service, the Citizens Band Radio Service, the Radio Control Radio Service, to users in the Public Mobile Services and the Private Radio Services that are not individually licensed by the Commission, or to Federal, State or local governmental entities or subdivisions thereof.

[57 PR 187, Jan. 3, 1992. as amended at SB FR 8701, Feb. 17, 1993]

S 1.2003 Applications affected.

The certification required by {1.2002 must be filed with the following applications as well as any other requests for authorization filed with the Commission, regardless of whether a specific form exists.

FCC 301 Application for Construction Permit for Commercial Broadcast Station;

FCC 301-A Application for Authority to Operate a Broadcast Station by Remote Control or to Make Changes in a Remote Control Authorization;

FCC 303 Application for New Broadcast Station License;

FCC 302— PM Application for FM Broadcast Station License;

FCC 303-S Application for Renewal of License for Commercial and Noncommercial AM, FM or TV Broadcast Station;

FCC 307 Application for Extension of Broadcast Construction Permit or to Replace Expired Construction Permit;

FCC 308 Application for Permit to Deliver Programs to Foreign Broadcast Stations;

FCC 309 Application for Authority to Construct or Make Changes in an International or Experimental Broadcast Station;

FCC 310 Application for an International, Experimental Television, Experimental

Facsimile, or a Developmental Broaden:
Station License;

FCC 311 Application for Renewal of is
International or Experimental Broadout

FCC 313 Application for Aothorixatioa:: the Auxiliary Radio Broadcast Serrtca.

FCC 313-R Application for Renewal of Auillary Broadcast License;

FCC 314 Application for Consent to Aattpment of Broadcast Station Conitrocuac Permit or License;

FCC 315 Application for Consent to Trurft: of Control of Corporation Holding Bradcast Station Construction Permit or License;

FCC 316 Application for Consent to Aatijament of Radio Broadcast Station Construction Permit or License or Transfer of Control of Corporation Holding R*£. Broadcast Station Construction Pern:'. or License;

FCC 327 Application for Cable TelertUa Relay Service Station Authorzatlon,

FCC 330 Application for Authorization to Construct New or Make Changes Is M Instructional Television Fixed and/or Response Statlon(s), or to Assign or Tru» fer Such Stations;

FCC 330-L Application for Instruction! Television Fixed Station License;

FCC 330-R Application for Renewal of 1> structional Television Fixed Station i* or Response Statlon(s) and Low Po* Relay Station(s) License;

FCC 340 Application for Construction PRmlt for Noncommercial Educaucal Broadcast Station;

FCC 345 Application for Transfer of Contrd of a Corporate Licensee or Permitw*. 4 Assignment of License or Permit, for ii FM or TV Translator Station, or » lPower Television Station;

FCC 346 Application for Authority to Ox struct or Make Changes in a Low Pol TV, TV Translator or TV Booster SB tion;

FCC 347 Application for a Low Power T1 TV Translator or TV Booster Station u cense;

FCC 348 Application for Renewal of Lies* for Translator or low Power TalevtiM Broadcast Station;

FCC 349 Application for Authority to Col struct or Make Changes in an FM Trtd lator or FM Booster Station;

FCC 350 Application for an FM TrantliH or FM Booster Station License;

FCC 401 Application for New or Modldi Common Carrier Radio Station AutM ization Under Part 22 of this chapter

FCC 402 Application for Station Authors tion in the Private Operational Fin Microwave Radio Service;

FCC 402-R Renewal Notice and Cercfl cation In the Private Operational P-J* Microwave Radio Service;

FCC 408 Application for Radio Station License or Modification Thereof Under Parts 23 or 25 of this chapter.

FCC 404 Application for Aircraft Radio Station License;

FCC 406 Application for Renewal of Radio Station License;

FCC 405-A Application for Renewal of Radio Station License and/or Notification of Change to License Information;

FCC 405-B Ship/Aircraft License Expiration Notice and/or Renewal Application;

FCC 406 Application for Ground Station Authorization In the Aviation Services;

FCC 407 Application for New or Modified Radio Station Construction Permit;

FCC 408 Airborne Mobile Radio Telephone License Application;

FCC 410 Registration of Canadian Radio Station Licensee and Application for Permit to Operate (Land Mobile);

FCC 442 Application for New or Modified Radio Station Authorisation Under Part 5 of this chapter—Experimental Radio Service (Other than Broadcast):

FCC 490 Application for Assignment or Transfer of Control Under Part 22 of this chapter;

FCC 493 Application for Earth Station Authorization or Modification of Station License (Proposed):

FCC 494 Application for a New or Modified Microwave Radio Station License Under Part 21 of this chapter;

FCC 494 A Certification of Completion of Construction Under Part 21 of this chapter;

FCC 503 Application for Land Radio Station License in the Maritime Services;

FCC 506 Application for Ship Radio Station License;

FCC 574 Application for Private Land Mobile and General Mobile Radio Services;

FCC 574-R Application for Renewal of Radio Station License;

FCC 701 Application for Additional Time to Construct a Radio Station;

FCC 703 Application for Consent to Assignment of Radio Station Construction Permit or License;

FCC 703 Application for Consent to Transfer Control of Corporation Holding Station License;

FCC 704 Application for Consent to Transfer of Control of Corporation Holding Common Carrier Radio Station Construction Permit or License;

FCC 730 Application for Registration of Equipment to be Connected to the Telephone Network;

FCC 731 Application for Equipment Authorisation;

FCC 7S3 Restricted Radiotelephone Operator Permit Application;

FCC 756 Application for Restricted Radiotelephone Operator Permit—Limited Use:

FCC 756 Application for Commercial Radio Operator License.

[57 FR 187. Jan. 3. 1992. as amended at 67 FR 48333. Oct. 23. 1992]

Appendix A To Part 1—A Plan Of CoOperative Procedure In Matters And Cases Under The Provisions Of Section 410 Of The CommunicaTions Act Of 1934

(Approved by the Federal Communications Commission October 25, 1938. and approved by the National Association of Railroad and Utilities Commissioners on November 17. 1938.)


Section 410 of the Communications Act of 1934 authorises cooperation between the Federal Communications Commission, hereinafter called the Federal Commission, and the State commissions of the several States, in the administration of said Act. Subsection (a) authorises the reference of any matter arising In the administration of said Act to a board to be composed of a member or members from each of the States in which the wire, or radio communication affected by or involved In the proceeding takes place, or is proposed. Subsection (b) authorises conferences by the Federal Commission with State commissions regarding the relationship between rate structures, accounts, charges, practices, classifications, and regulations of carriers subject to the jurisdiction of such State commissions and of said Federal Commission and joint hearings with State commissions In connection with any matter with respect to which the Federal Commission Is authorized to act.

Obviously, it is impossible to determine in advance what matters should be the subject of a conference, what matters should be referred to a board, and what matters should be heard at a joint hearing of State commissions and the Federal Commission. It is understood, therefore, that the Federal Commission or any State commission will freely suggest cooperation with respect to any proceedings or matter affecting any carrier subject to the jurisdiction of said Federal Commission and of a State commission, and concerning which it is believed that cooperation will be In the public Interest.

To enable this to be done, whenever a proceeding shall be Instituted before any commission. Federal or State, In which another commission is believed to be interested, notice should be promptly given each such Interested commission by the commission before which the proceeding has been instituted. Inasmuch, however, as failure to give notice as contemplated by the provisions of this plan will sometimes occur purely through inadvertence, any such failure should not operate to deter any commission from suggesting that any such proceeding be made the subject matter of cooperative action, if cooperation therein Is deemed desirable.

It is understood that each commission whether or not represented In the National Association of Railroad and Utilities Commissioners, must determine its own course of action with respect to any proceeding In the light of the law under which, at any given time, It is called upon to act, and must be guided by Its own views of public policy; and that no action taken by such Association can in any respect prejudice such freedom of action. The approval by the Association of this plan of cooperative procedure, which was Jointly prepared by the Association's standing Committee on Cooperation between Federal and State commissions and said Federal Commission, is accordingly recommendatory only; but such plan is designed to be, and it is believed that it will be, a helpful step In the promotion of cooperative relations between the State commissions and said Federal Commission.


Whenever there shall be instituted before the Federal Commission any proceeding involving the rates of any telephone or telegraph carrier, the State commissions of the States affected thereby will be notified immediately thereof by the Federal Commission, and each notice given a State commission will advise such commission that, If It deems the proceeding one which should be considered under the cooperative provisions of the Act, It should either directly or through the National Association of Railroad and Utilities Commissioners, notify the Federal Commission as to the nature of its interest In said matter and request a conference, the creation of a Joint board, or a Joint hearing as may be desired. Indicating its preference and the reasons therefor. Upon receipt of such request the Federal Commission will consider the same and may confer with the commission making the request and with other Interested commission, or with representatives of the National Association of Railroad and Utilities Commissioners, in such manner as may be most suitable; and if cooperation shall appear to be practicable and desirable, shall so advise each Interested State commission, directly, when such cooperation will be by Joint conference or by reference to a Joint board appointed under said sec. 410 (a), and, as hereinafter provided, when such cooperation will be by a Joint hearing under said sec. 410(b).

Bach State commission should In like manner notify the Federal Commission of any proceeding instituted before it involving the toll telephone rates or the telegraph

rates of any carrier subject to the Jurisdiction of the Federal Commission.


The Federal Commission. In accordnce with the Indicated procedure, will confer with any State commission regarding anj matter relating to the regulation of public utilities subject to the Jurisdiction of either commission. The commission desiring a cc: ference upon any such matter should notifj the other without delay, and thereupon tie Federal Commission will promptly amnp for a conference in which all Interested Sut* commissions will be Invited to be present


Whenever the Federal Commission, either upon its own motion or upon the suggests: of a State commission, or at the requett d any Interested party, shall determine Until Is desirable to refer a matter arising in tM administration of the Communication! Ad of 1934 to a board to be composed of a man ber or members from the State or Statu ti fected or to be affected by such matter, tin procedure shall be as follows:

The Federal Commission will send a n quest to each Interested State commlsaiot a nominate a specified number of member* % serve on such board.

The representation of each State car cerned shall be equal, unless one or morn1 the States affected chooses to waive at) right of equal representation. When u member or members of any board have bat nominated and appointed, in aooordad with the provisions of the Communlcaua Act of 1934, the Federal Commission » make an order referring the particular ra ter to such board, and such order shall ■ the time and place of hearing, define I force and effect the action of the board lot have, and the manner In which its procet lngs shall be conducted. The rules of prat a and procedure, as from time to time adopt or prescribed by the Federal CommlatM shall govern such board, as far as applied


Whenever the Federal Commission, eltl upon its own motion or upon suggests made by or on behalf of any Interested SH commission or commissions, shall decern! that a Joint hearing under said sec 410: desirable In connection with any mat! pending before said Federal Commission I procedure shall be as follows:

(a) The Federal Commission will notify I general solicitor of the National Assoeu of Railroad and Utilities Commissioners tl said Association, or, if not more than ei< States are within the territory affected the proceeding, the State commissions lit ested, are invited to name Cooperating C<

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