Sec.  1.1113   Return or refund of charges.

   (a) All refunds will be issued to the payer named in the appropriate block
   of the FCC Form 159. The full amount of any fee submitted will be returned
   or refunded, as appropriate, under the authority granted at  Sec. 0.231.

   (1) When no fee is required for the application or other filing. ( see
    Sec. 1.1109).

   (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 $10 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) Comparative hearings are no longer required.

   (c)  Applicants  in  the  Media  Services for first-come, first-served
   construction permits will be entitled to a refund of the fee, if, within
   fifteen days of the issuance of a Public Notice, applicant indicates that
   there is a previously filed pending application for the same vacant channel,
   such  applicant notifies the Commission that they no longer wish their
   application to remain on file behind the first applicant and any other
   applicants  filed  before  his  or  her application, and the applicant
   specifically requests a refund of the fee paid and dismissal of his or her
   application.

   (d) Applicants for space station licenses under the first-come, first served
   procedure set forth in part 25 of this title will be entitled to a refund of
   the fee if, before the Commission has placed the application on public
   notice, the applicant notifies the Commission that it no longer wishes to
   keep its application on file behind the licensee and any other applicants
   who  filed their applications before its application, and specifically
   requests a refund of the fee and dismissal of its application.

   [ 52 FR 5289 , Feb. 20, 1987, as amended at  53 FR 40889 , Oct. 19, 1988;  56 FR 795 , Jan. 9, 1991;  56 FR 56602 , Nov. 6, 1991. Redesignated at  59 FR 30998 ,
   June 16, 1994. Redesignated at  60 FR 5326 , Jan. 27, 1995, as amended at  65 FR 49762 , Aug. 15, 2000;  67 FR 46303 , July 12, 2002;  67 FR 67337 , Nov. 5,
   2002;  68 FR 51502 , Aug. 27, 2003;  69 FR 41177 , July 7, 2004; 71 54234, Sept.
   14, 2006]