Sec.  1.1910   Effect of insufficient fee payments, delinquent debts, or debarment.

   (a)(1) An application (including a petition for reconsideration or any
   application for review of a fee determination) or request for authorization
   subject to the FCC Registration Number (FRN) requirement set forth in
   subpart W of this chapter will be examined to determine if the applicant has
   paid the appropriate application fee, appropriate regulatory fees, is
   delinquent in its debts owed the Commission, or is debarred from receiving
   Federal benefits (see, e.g., 31 CFR 285.13; 47 CFR part 1, subpart P).

   (2) Fee payments, delinquent debt, and debarment will be examined based on
   the entity's taxpayer identifying number (TIN), supplied when the entity
   acquired or was assigned an FRN. See 47 CFR 1.8002(b)(1).

   (b)(1) Applications by any entity found not to have paid the proper
   application or regulatory fee will be handled pursuant to the rules set
   forth in 47 CFR part 1, subpart G.

   (2) Action will be withheld on applications, including on a petition for
   reconsideration or any application for review of a fee determination, or
   requests for authorization by any entity found to be delinquent in its debt
   to the Commission (see  Sec. 1.1901(j)), unless otherwise provided for in this
   regulation, e.g., 47 CFR 1.1928 (employee petition for a hearing). The
   entity will be informed that action will be withheld on the application
   until full payment or arrangement to pay any non-tax delinquent debt owed to
   the Commission is made and/or that the application may be dismissed. See the
   provisisons of  Sec.  Sec. 1.1108, 1.1109, 1.1116 and 1.1118. Any Commission action
   taken prior to the payment of delinquent non-tax debt owed to the Commission
   is contingent and subject to recission. Failure to make payment on any
   delinquent debt is subject to collection of the debt, 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, 31 U.S.C. 3717.

   (3) If a delinquency has not been paid or the debtor has not made other
   satisfactory arrangements within 30 days of the date of the notice provided
   pursuant to paragraph (b)(2) of this section, the application or request for
   authorization will be dismissed.

   (i) The provisions of paragraphs (b)(2) and (b)(3) of this section will not
   apply if the applicant has timely filed a challenge through an
   administrative appeal or a contested judicial proceeding either to the
   existence or amount of the non-tax delinquent debt owed the Commission.

   (ii) The provisions of paragraphs (b)(2) and (b)(3) of this section will not
   apply where more restrictive rules govern treatment of delinquent debtors,
   such as 47 CFR 1.2105(a)(2)(x) and (xi).

   (c)(1) Applications for emergency or special temporary authority involving
   safety of life or property (including national security emergencies) or
   involving a brief transition period facilitating continuity of service to a
   substantial number of customers or end users, will not be subject to the
   provisions of paragraphs (a) and (b) of this section. However, paragraphs
   (a) and (b) will be applied to permanent authorizations for these services.

   (2) Provisions of paragraph (a) and (b) of this section will not apply to
   application or requst for authorization to which 11 U.S.C. 525(a) is
   applicable.

   [ 69 FR 57230 , Sept. 24, 2004]

Administrative Offset—Consumer Reporting Agencies—Contracting for Collection