§ 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   (1) Notify the grantee that the authorization has been rescinded.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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