§  1.1118   Penalty for late or insufficient payments.

   (a) Filings subject to fees and accompanied by defective fee
   submissions will be dismissed under §  1.1111 (d) of this subpart where
   the defect is discovered by the Commission's staff within 30 calendar
   days from the receipt of the application or filing by the Commission.

   (1) A defective fee may be corrected by resubmitting the application or
   other filing, together with the entire correct fee.

   (2) For purposes of determining whether the filing is timely, the date
   of resubmission with the correct fee will be considered the date of
   filing. However, in cases where the fee payment fails due to error of
   the applicant'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.

   (b) Applications or filings accompanied by insufficient fees or no
   fees, or where such applications or filings are made by persons or
   organizations that are delinquent in fees owed to the Commission, that
   are inadvertently forwarded to Commission staff for substantive review
   will be billed for the amount due if the discrepancy is not discovered
   until after 30 calendar days from the receipt of the application or
   filing by the Commission. Applications or filings that are accompanied
   by insufficient fees or no fees will have a penalty charge equaling 25
   percent of the amount due added to each bill. Any Commission action
   taken prior to timely payment of these charges is contingent and
   subject to rescission.

   (c) Applicants to whom a deferral of payment is granted under the terms
   of this subsection will be billed for the amount due plus a charge
   equalling 25 percent of the amount due. Any Commission actions taken
   prior to timely payment of these charges are contingent and subject to
   rescission.

   (d) Failure to submit fees, following notice to the applicant 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 the provisions
   of the Debt Collection Improvement Act of 1996 (DCIA), Public Law
   104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996), codified at 31 U.S.C.
   3711 et seq. See 47 CFR 1.1901 through 1.1952. The debt collection
   processes described above may proceed concurrently with any other
   sanction in this paragraph.

   [ 52 FR 5289 , Feb. 20, 1987, as amended at  53 FR 40889 , Oct. 19, 1988;
    55 FR 19172 , May 8, 1990. Redesignated and amended at  59 FR 30998 , June
   16, 1994. Redesignated at  60 FR 5326 , Jan. 27, 1995, as amended at  67 FR 67337 , Nov. 5, 2002;  69 FR 41177 , July 7, 2004;  69 FR 27847 , May 17,
   2004;  69 FR 41177 , July 7, 2004. Redesignated and amended at  74 FR 3445 , Jan. 21, 2009]

   Editorial Note: At  69 FR 57230 , Sept. 24, 2004, §  1.1116(a)
   introductory text was corrected by changing the reference to
   "§  1.1109(b)" to read "§  1.1109(d)"; however, the amendment could not
   be incorporated because that reference does not exist in the paragraph.

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