§ 1.1161   Conditional license grants and delegated authorizations.

   (a) Grant of any application or an instrument of authorization or other
   filing for which an annual or multiple year regulatory fee is required
   to accompany the application or filing will be conditioned upon final
   payment of the current or delinquent regulatory fees. Current annual
   and multiple year regulatory fees must be paid electronically as
   described in § 1.1112(e). For all other fees, (e.g., application fees,
   delinquent regulatory fees) final payment shall mean receipt by the
   U.S. Treasury of funds cleared by the financial institution on which
   the check, cashier's check, or money order is drawn. Electronic
   payments are considered timely when a wire transfer was received by the
   Commission's bank no later than 6:00 p.m. on the due date; confirmation
   to pay.gov that a credit card payment was successful no later than
   11:59 p.m. (EST) on the due date; or confirmation an ACH was credited
   no later than 11:59 p.m. (EST) on the due date.

   (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   (1) Notify the grantee that the authorization has been rescinded.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;
    80 FR 66816 , Oct. 30, 2015]

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