Goto Section: 1.1165 | 1.1167 | Table of Contents
Revised as of October 1, 2019
Goto Year:2018 |
§ 1.1166 Waivers, reductions and deferrals of regulatory fees.
The fees established by § § 1.1152 through 1.1156 and associated interest
charges and penalties may be waived, reduced or deferred in specific
instances, on a case-by-case basis, where good cause is shown and where
waiver, reduction or deferral of such fees, interest charges and
penalties would promote the public interest. Requests for waivers,
reductions or deferrals of regulatory fees for entire categories of
payors will not be considered.
(a) Requests for waivers, reductions or deferrals should be filed with
the Commission's Secretary and will be acted upon by the Managing
Director with the concurrence of the General Counsel. All such filings
within the scope of the fee rules shall be filed as a separate pleading
and clearly marked to the attention of the Managing Director. Any such
request that is not filed as a separate pleading will not be considered
by the Commission.
(b) Deferrals of fees, interest, or penalties if granted, will be for a
designated period of time not to exceed six months.
(c) Petitions for waiver of a regulatory fee, interest, or penalties
must be accompanied by the required fee, interest, or penalties and FCC
Form 159. Submitted fees, interest, or penalties will be returned if a
waiver is granted. Waiver requests that do not include the required
fees, interest, or penalties or forms will be dismissed unless
accompanied by a petition to defer payment due to financial hardship,
supported by documentation of the financial hardship.
(d) Petitions for reduction of a fee, interest, or penalty must be
accompanied by the full fee, interest, or penalty payment and Form 159.
Petitions for reduction that do not include the required fees,
interest, or penalties or forms will be dismissed unless accompanied by
a petition to defer payment due to financial hardship, supported by
documentation of the financial hardship.
(e) Petitions for waiver of a fee, interest, or penalty based on
financial hardship, including bankruptcy, will not be granted, even if
otherwise consistent with Commission policy, to the extent that the
total regulatory and application fees, interest, or penalties for which
waiver is sought exceeds $500,000 in any fiscal year, including
regulatory fees due in any fiscal year, but paid prior to the due date.
In computing this amount, the amounts owed by an entity and its
subsidiaries and other affiliated entities will be aggregated. In cases
where the claim of financial hardship is not based on bankruptcy,
waiver, partial waiver, or deferral of fees, interest, or penalties
above the $500,000 cap may be considered on a case-by-case basis.
[ 84 FR 51003 , Sept. 26, 2019]
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Goto Section: 1.1165 | 1.1167
Goto Year: 2018 |
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