FCC Web Documents citing 1.1116

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1189A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1189A1.pdf
  • review of waiver requests and licensee implementation of proposed timetables. Additional Narrowbanding Information , which is updated regularly. Do narrowbanding modification applications require frequency coordination or payment of Commission fees? No. A ``straight'' narrowbanding modification application requires neither frequency coordination (pursuant to Section 90.175(j)(20) of the Commission's Rules, 47 C.F.R. � 90.175(j)(20)) nor payment of Commission fees (pursuant to Section 1.1116(a) of the Commission's Rules, 47 C.F.R. � 1.1116(a)). A straight narrowbanding modification application is an application to modify a license by deleting a wideband emission designator (occupied bandwidth in excess of 11.25 kHz) and, if necessary, adding one or more narrowband emission designators - but not changing the existing frequencies, emission types (the last three characters of the emission designator),
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-14A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-14A1.pdf
  • Order, 20 FCC Rcd at 16729, � 5; but see Damages Answer at 2, � 7 (stating that Defendants never received the May 19, 2003 complaint ). 47 C.F.R. � 1.1106. See Complainants' Motion for Partial Waiver of Section 1.718 of the Commission's Rules, File No. EB-03-MD-011 (filed June 3, 2003) (``Waiver Motion'') at 4-5. See generally 47 C.F.R. � 1.1116(a). See, e.g., Waiver Motion at 5; Opposition to Waiver Motion at 2; Damages Answer at 4; Damages Joint Statement at 9. See, e.g., 47 C.F.R. � 1.1116(a)(2). See Waiver Order, 20 FCC Rcd at 16729, � 6; Waiver Motion at 4-5, 7-9. See Waiver Order, 20 FCC Rcd at 16729, � 7; Liability Complaint, supra. Waiver Motion. See, e.g. ,Waiver
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1297A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1297A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1297A1.txt
  • C.F.R. � 1.925(a). We note that Nextel could not have filed individual waiver requests on ULS for the 900 MHz MTA licenses that it does not hold. SAIA also argues that Neoworld's request should be dismissed for non-remittance of a filing fee. SAIA Opposition at 3. Nextel remitted a single waiver fee of $145 with its request. Pursuant to Section 1.1116(b) of the Commission rules, 47 C.F.R. � 1.1116(b), the FCC billed Neoworld and Nextel the appropriate fees and assessed a late charge of 25%. Both parties have since remitted the appropriate fees and late charges. Neoworld Request at 15. Id. at 16. Id. See Letter dated January 9, 2001 from Robert S. Foosaner, Senior Vice President, Government Affairs, Nextel to
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  • Welch, Esq., counsel to Superior, to Roger Noel, Chief, Licensing and Technical Analysis Branch. See 47 C.F.R. � 1.925 (``The Commission may waive specific requirements of the rules on its own motion or upon request.''). There is no basis in the record for Superior's assertion that the Branch implicitly waived the STA filing fee. Opposition at 3. Pursuant to Section 1.1116(b) of the Commission rules, 47 C.F.R. � 1.1116(b), the FCC has initiated the process to bill Superior the appropriate fee and late charge. (continued....) Federal Communications Commission DA 01-2213 Federal Communications Commission DA 01-xxxx ! " � � " " �@��� @& �0� �0� �0� �0� �0� �0� ��� g � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-639A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-639A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-639A1.txt
  • modification of that authority. 24. Upon review, we have determined that the appropriate fee was not submitted with the Sirius application. We find that because this is Sirius' first request to construct, launch, and operate an NGSO system, it is appropriate that Sirius should pay the application fee for such a system. We will therefore take action pursuant to Section 1.1116(b) of the Commission's rules to resolve this discrepancy. Receiver Interoperability 25. XM Radio and WCS Radio both raise issues regarding the effect that Sirius' proposed modification would have on the issue of receiver interoperability. Commission rules require that each DARS operator ``certify that its satellite DARS system include a receiver that will permit end users to access all licensed satellite
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  • the application bears a deposit date stamp of August 9, 1996. See Petition for Further Reconsideration at 3-4, Attachments. See 47 C.F.R. � 0.401(b) (1995) (requiring that correct fee be attached to the application and delivered to lockbox bank); 47 C.F.R. � 90.127(a) (1995) (applications requiring frequency coordination and fees shall first be sent to frequency coordinator). 47 C.F.R. �� 1.1116(a), (a)(2) (1995). Petition for Further Reconsideration at 4-7. Public Notice, 11 FCC Rcd 7032 (1996). Id. Second Report and Order, 12 FCC Rcd at 2737, � 2. Third Report and Order, 14 FCC Rcd at 10039, � 9. Id., 14 FCC Rcd at 10043, �13. See Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2892A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2892A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2892A1.txt
  • 12th St., S.W. Washington, D.C. 20554 DA 04-2892 Released: September 7, 2004 Commission Announces that the September 9, 2004 Public Forum will be web cast On Thursday, September 9, 2004, at 2:00 p.m. the FCC will hold a discussion of the new debt collection rules. The new rules went into effect June 16, 2004, except for changes to rules 1.1112, 1.1116, 1.1161 and 1.1164 and newly adopted rule 1.1910 (relating to the handling of applications and other requests by delinquent debtors), which will go into effect October 1, 2004. The forum will be web cast and will provide an overview of the newly amended and adopted rules, as well as cover other business practices which will impact the processing of applications
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  • charges for applications and other filings for the enforcement service. 1.1107 Schedule of charges for applications and other filings for the international service. 1.1108 Attachment of charges. 1.1109 Payment of charges. 1.1110 Form of payment. 1.1111 Filing locations. 1.1112 Conditionality of Commission or staff authorizations. 1.1113 Return or refund of charges. 1.1114 General exemptions to charges. 1.1115 Adjustments to charges. 1.1116 Penalty for late or insufficient payments. 1.1117 Petitions and applications for review. 1.1118 Error claims. 1.1119 Billing procedures. Brief Description: Schedule of annual regulatory fees and filing locations. Need: These rules provide the authority for the Commission to impose and collect regulatory fees, as well as identify possible exemptions, adjustments, penalties, and waivers of these fees. Legal Basis: 47 U.S.C.
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  • the Telecommunications Act of 1996, Report and Order, 18 FCC Rcd 19975, 19983-86 at paras. 16-24 (2003) (subsequent history omitted); Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, Second Order on Reconsideration, 16 FCC Rcd 8098, 8105 at para. 16 (2001) (subsequent history omitted). Answer at 3. 47 C.F.R. � 1.1106. See generally 47 C.F.R. � 1.1116(a). 47 C.F.R. � 1.1116(a)(2). Waiver Motion at 4-5, 7-9. APCC Services, et al. v. NetworkIP, LLC and Network Enhanced Telecom, LLP, Formal Complaint, File No. EB-03-MD-011 (filed June 3, 2003) (``Formal Liability Complaint''). See APCC Services, et al. v. NetworkIP, LLC and Network Enhanced Telecom, LLP, Defendants' Answer to Formal Complaint, File No. EB-03-MD-011 (filed July 28, 2003) (``Liability Answer'');
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3504A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3504A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3504A1.txt
  • FM Radio Station License Dear Applicant: We have before us the captioned application of Leon F. Pettersen (the ``Licensee''), for renewal of his license for Station WLVO(FM), Live Oak, Florida (the ``Station''). We find that the Licensee did not timely and properly file the renewal application, but also find that our recourse for the improper filing is dictated by Section 1.1116(b) of the Commission's Rules (the ``Rules''). Accordingly, we grant, in part, Licensee's Petition for Reconsideration of the staff's cancellation of his license and deletion of the Station's call sign, and grant the captioned WLVO(FM) renewal application and reinstate the call sign for the Station. Background. Section 73.3539(a) of the Rules requires that applications for renewal of license for broadcast stations
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4326A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4326A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4326A1.txt
  • a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that the Licensee did in fact tender a license renewal application for KITX(FM) on February 1, 2005, but failed to pay the proper filing fee amount. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4327A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4327A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4327A1.txt
  • filed a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that the Licensee did in fact tender a license renewal application for KMGZ(FM) on January 28, 2005, but failed to pay the requisite filing fee. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4352A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4352A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4352A1.txt
  • it neglected to pay the requisite filing fee. Thus, under current electronic application filing procedures, the 2005 Application was not successfully filed. As noted above, the Licensee ultimately paid the filing fee not only for the 2005 Application, but also for the subsequently filed 2006 Application. We therefore decline to impose the 25 percent late payment penalty prescribed by Section 1.1116(b) of the Rules. Nevertheless, because the 2005 Application was not successfully filed on or before June 1, 2005, as required by Section 73.3539(a) of the Rules, we propose a forfeiture below. We also dismiss the 2006 Application as moot and reinstate the Station's call letters. 5. Petitions to Deny. On March 15, 2006, Johnson filed a Petition to Deny the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1059A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1059A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1059A1.txt
  • then filed a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's databases, and we find that the Licensee did in fact tender a license renewal application for WRIV(AM) on February 1, 2006, but failed to pay the requisite filing fee. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-278A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-278A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-278A1.txt
  • along with the STA request it filed a second license renewal application, with the appropriate filing fee. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that the Licensee did in fact tender a license renewal application for KIXR(FM) on January 27, 2005, but failed to pay the requisite filing fee. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-383A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-383A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-383A1.txt
  • receiving a filing fee for the electronic application or ownership report prepared on September 29, 2005, until February 6, 2006; no funds were received or charged until that date, and the renewal application designated ``20050929BHF'' and the Ownership Report designated ``20050929BHC'' remained (and remain) in ``Ready'' Status. There appears to be no error in the CDBS electronic filing system. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-384A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-384A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-384A1.txt
  • filed a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that the Licensee did in fact tender a license renewal application for KELP(AM) on March 28, 2005, but failed to pay the requisite filing fee. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-385A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-385A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-385A1.txt
  • a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that the Licensee did in fact tender a license renewal application for WMER(AM) on January 27, 2004, but failed to pay the proper filing fee amount. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-386A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-386A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-386A1.txt
  • filed a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that the Licensee did in fact tender a license renewal application for K276DA on May 31, 2005, but failed to pay the requisite filing fee. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1876A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1876A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1876A1.txt
  • Two-Way, Memorandum Opinion and Order, 98 FCC 2d 1300 (1984), aff'd sub nom. Texas Two-Way, Inc. v. FCC, 762 F.2d 138 (D.C. Cir. 1985). See, 47 C.F.R. � 101.69, emphasis added. See 47 C.F.R. � 1.1102(5)(q). See generally 47 C.F.R. � 1.1102 (Schedule of charges for applications and other filings in the wireless telecommunications services). See, e.g., 47 C.F.R. � 1.1116(b). (...continued from previous page) (continued....) Federal Communications Commission DA 09-1876 Federal Communications Commission DA 09-1876 3 4 � " � � F = A A 0 A 0 ��F
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1876A1_Rcd.pdf
  • pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Blaise A. Scinto Chief, Broadband Division Wireless Telecommunications Bureau 39See, 47 C.F.R. � 101.69, emphasis added. 40See47 C.F.R. � 1.1102(5)(q). See generally47 C.F.R. � 1.1102 (Schedule of charges for applications and other filings in the wireless telecommunications services). 41See, e.g.,47 C.F.R. � 1.1116(b). 10992
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  • Station on September 30, 2004, but failed to pay the requisite filing fee. It submitted the filing fee on February 28, 2005, and on March 1, 2005, it re-filed its application with an explanation of the circumstances regarding its error. For the reasons set forth below, we will cancel the NAL and impose a 25% penalty as provided in Section 1.1116 of the Rules. Perry argues that the Station's application for renewal should have been returned as unprocessable pursuant to Section 1.1109 of the Rules. We agree that under former Section 1.1109 of the Rules, which was in effect at the time that Perry filed the original application, as well as Section 1.1116(a), if the defective fee is discovered within 30
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  • the Application. Licensee states that the Commission failed to consider its good faith effort to timely file the Application and its history of compliance with the Rules. In sum, Licensee avers that the proposed forfeiture is improper and excessive because it is premised on incorrect factual findings, and that a simple reminder or a bill for payment, pursuant to Section 1.1116(b) of the Rules, could have resulted in the proper payment of the filing fee and the Application being timely filed. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that Licensee did in fact tender a license renewal application for the Station on September 30, 2004, but failed to pay the requisite
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  • the required filing date, and was assigned File Number ``20040930BDQ.'' Wennes acknowledges, however, that it did not properly tender the requisite filing fee with its September 30th submission. Wennes avers that the proposed forfeiture is improper and excessive because it is premised on incorrect factual findings, and that a simple reminder or a bill for payment pursuant to then Section 1.1116(b) of the Rules could have resulted in the proper payment of the filing fee and the Application being timely filed. Wennes also states that the Commission failed to consider its good faith effort to timely file the Application and its history of compliance with the Rules. Discussion. We have reviewed the record in this case and the Commission's CDBS database,
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  • the required filing date, and was assigned File Number ``20040930BCH.'' Wennes acknowledges, however, that it did not properly tender the requisite filing fee with its September 30th submission. Wennes avers that the proposed forfeiture is improper and excessive because it is premised on incorrect factual findings, and that a simple reminder or a bill for payment pursuant to then Section 1.1116(b) of the Rules could have resulted in the proper payment of the filing fee and the Application being timely filed. Wennes also states that the Commission failed to consider its good faith effort to timely file the Application and its history of compliance with the Rules. Discussion. We have reviewed the record in this case and the Commission's CDBS database,
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  • in fact tender a license renewal application for KHCA(FM) on January 25, 2005, but failed to pay the requisite filing fee. On October 22, 2009, it re-filed the KHCA(FM) renewal application with a clear explanation of its error as soon as it realized it had failed to file properly, and before any action was taken on its original application. Section 1.1116 of the Rules sets forth the procedures for processing applications submitted without required fees. Under 1.1116(a), if the defect is discovered within 30 days of filing, the application is dismissed and can be refiled with a new filing date. If the defect is discovered after 30 days have passed without being ``forwarded to Commission staff for substantive review,'' pursuant to
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  • review of waiver requests and licensee implementation of proposed timetables. Additional Narrowbanding Information , which is updated regularly. Do narrowbanding modification applications require frequency coordination or payment of Commission fees? No. A ``straight'' narrowbanding modification application requires neither frequency coordination (pursuant to Section 90.175(j)(20) of the Commission's Rules, 47 C.F.R. � 90.175(j)(20)) nor payment of Commission fees (pursuant to Section 1.1116(a) of the Commission's Rules, 47 C.F.R. � 1.1116(a)). A straight narrowbanding modification application is an application to modify a license by deleting a wideband emission designator (occupied bandwidth in excess of 11.25 kHz) and, if necessary, adding one or more narrowband emission designators - but not changing the existing frequencies, emission types (the last three characters of the emission designator),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1189A1_Rcd.pdf
  • is available at the Public Safety and Homeland Security Bureau's narrowbanding webpage, www.fcc.gov/narrowbanding, which is updated regularly. 9649 Do narrowbanding modification applications require frequency coordination or payment of Commission fees? No. A "straight" narrowbanding modification application requires neither frequency coordination (pursuant to Section 90.175(j)(20) of the Commission's Rules, 47 C.F.R. � 90.175(j)(20)) nor payment of Commission fees (pursuant to Section 1.1116(a) of the Commission's Rules, 47 C.F.R. � 1.1116(a)). A straight narrowbanding modification application is an application to modify a license by deleting a wideband emission designator (occupied bandwidth in excess of 11.25 kHz) and, if necessary, adding one or more narrowband emission designators �but not changing the existing frequencies, emission types (the last three characters of the emission designator), locations,
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  • 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 provisions of �� 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 rescission. 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
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  • Stations KNAF (AM), KFAN-FM, KNAF-FM, and KEEP (FM) - Request for waiver and deferral of FY 10 regulatory fees. Granted (December 10, 2010) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762 (1995)] Michael Butler Broadcasting, LLC. Station W293BK - Request for refund of FY 09 regulatory fee. Granted (December 10, 2010) [See 47 C.F.R. ��1.1116(c) and 74.1201(c)] North Pacific International Television, Inc. Debtor-in-Possession Station KPST-TV and WPOT863 - Request for waiver and deferral of FY 10 regulatory fees. Granted (December 10, 2010) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762 (1995)] NOS Communications, Inc - Request for waiver of late payment penalty of FY 09 regulatory fee. Granted (December
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  • Federal Regulations (C.F.R.) � 25.114(a). 47 C.F.R. � 25.112(a). JayCee James states it is a non-commercial educational (NCE) licensee and is therefore exempt from fees. See JayCee James Application, Form 312, at Question 17c. If JayCee James re-files the application, it must provide information to show that it is an NCE licensee and exempt from fees, as explained in Section 1.1116 of the Commission's rules, 47 C.F.R. � 1.1116. Federal Communications Commission DA 05-XXXX Federal Communications Commission Washington, D.C. 20554 '' � � � � - � � � � � T�RΞ&��PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-661A1_Rcd.pdf
  • 147 Code of FederalRegulations (C.F.R.) � 25.114(a). 247 C.F.R. � 25.112(a). 3JayCee James states it is a non-commercial educational (NCE) licensee and is therefore exempt from fees. SeeJayCee James Application, Form 312, at Question 17c. If JayCee James re-files theapplication, it must provide information to show that it is an NCE licensee and exempt from fees, as explained in Section 1.1116 of the Commission's rules, 47 C.F.R. � 1.1116. 4347
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  • the delinquency is not resolved. The rules specify how the agency will determine whether an entity has an outstanding delinquency, as well as the consequences of an outstanding delinquent debt. The rules provide limited exceptions to these procedures. The amended and new rules will become effective 30 days after publication in the Federal Register, except for changes to rules 1.1112, 1.1116, 1.1161 and 1.1164 and newly adopted rule 1.1910 (relating to the handling of applications and other requests by delinquent debtors), which will become effective October 1, 2004. or for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room CYA257, Washington, DC, 20054. Action by the Commission March 25,
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  • ANNOUNCES AGENDA AND FEATURED SPEAKERS FOR AUGUST 25, 2004, DISCUSSION ON THE DEBT COLLECTION IMPROVEMENT ACT RULES AND RULES GOVERNING APPLICATIONS OR OTHER REQUEST FOR BENEFITS BY DELINQUENT DEBTORS On August 25, 2004, the FCC will hold a discussion of the new debt collection rules. The new rules went into effect June 16, 2004, except for changes to rules 1.1112, 1.1116, 1.1161 and 1.1164 and newly adopted rule 1.1910 (relating to the handling of applications and other requests by delinquent debtors), which will go into effect October 1, 2004. The forum will provide an overview of the newly amended and adopted rules, as well as cover other business practices which will impact the processing of applications or request for benefits. The
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  • THE AUGUST 25, 2004, DISCUSSION ON THE DEBT COLLECTION IMPROVEMENT ACT RULES AND RULES GOVERNING APPLICATIONS OR OTHER REQUEST FOR BENEFITS BY DELINQUENT DEBTORS The August 25, 2004, discussion of the new debt collection rules is cancelled. The discussion is postponed until September 9, 2004. The new rules went into effect June 16, 2004, except for changes to rules 1.1112, 1.1116, 1.1161 and 1.1164 and newly adopted rule 1.1910 (relating to the handling of applications and other requests by delinquent debtors), which will go into effect October 1, 2004. The forum will provide an overview of the newly amended and adopted rules, as well as cover other business practices which will impact the processing of applications or request for benefits. The
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  • United States, 47 C.F.R. Part 1 Subpart O, to implement the Debt Collection Improvement Act of 1996, Public Law No. 104-134, 110 Stat. 131, 1358 (1996) (DCIA). Subsequent to that release it was discovered that the proceeding contained incorrect references and a misspelled word. The following amendments should be made to 47 C.F.R. 1.116(a) and 47 C.F.R. 1.1910: 2. Section 1.1116 (a) Penalty for late or insufficient payments contains an incorrect cite reference. The reference should be �1.1109(d). 3. Specifically, in �1.1910 Effect of insufficient fee payments, delinquent debts, or debarment, under (b), subsection (b) (2) is listed twice. This section should be corrected to read (b) (1), (2), (3), (4) and (5). 4. Also, in � 1.1910 Effect of insufficient
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  • to ensure proper credit. (3) Petitions for reconsideration or applications for review of fee decisions pursuant to � 1.1119(b) of this subpart must be accompanied by the required fee for the application or other filing being considered or reviewed. (4) Applicants claiming an exemption from a fee requirement for an application or other filing under 47 U.S.C. 158(d)(1) or � 1.1116 of this subpart shall file their applications in the appropriate location as set forth in the rules for the service for which they are applying, except that request for waiver accompanied by a tentative fee payment should be filed at the Commission's lockbox bank at the address for the appropriate service set forth in �� 1.1102 through 1.1109. (b) Except
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290290A7.pdf
  • state that if payment of the delinquent de bt is not made or satisfactory arrangements for payment are not made, we will withhold action on applications and other requests. FEE EXEMPT APPLICATIONS Please check the appropriate block on your application and provide the proper documentation, as required, to certify that your application is fee exempt. 47 CFR, Part 1, � 1.1116 of the Commission's rules explains who qualifies as fee exempt. MANAGING DIRECTOR DECISIONS Requests for waivers, fee determinations, reconsiderations, applications for review, deferments, and specific refund requests are referred directly to the Office of the Managing Director. Each request is forwarded to the Office of General Counsel for review and legal determination. 47 CFR, Part 1, �� 1.1115 & 1.1119
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292948A1.pdf
  • state that if payment of the delinquent de bt is not made or satisfactory arrangements for payment are not made, we will withhold action on applications and other requests. FEE EXEMPT APPLICATIONS Please check the appropriate block on your application and provide the proper documentation, as required, to certify that your application is fee exempt. 47 CFR, Part 1, � 1.1116 of the Commission's rules explains who qualifies as fee exempt. MANAGING DIRECTOR DECISIONS Requests for waivers, fee determinations, reconsiderations, applications for review, deferments, and specific refund requests are referred directly to the Office of the Managing Director. Each request is forwarded to the Office of General Counsel for review and legal determination. 47 CFR, Part 1, �� 1.1115 & 1.1119
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  • to state that if payment of the delinquent debt is not made or satisfactory arrangements for payment are not made, we will withhold action on applications and other requests. FEE EXEMPT APPLICATIONS Please check the appropriate block on your application and provide the proper documentation, as required, to certify that your application is fee exempt. 47 CFR, Part 1, � 1.1116 of the Commission's rules explains who qualifies as fee exempt. MANAGING DIRECTOR DECISIONS Requests for waivers, fee determinations, reconsiderations, applications for review, deferments, and specific refund requests are referred directly to the Office of the Managing Director. Each request is forwarded to the Office of General Counsel for review and legal determination. 47 CFR, Part 1, �� 1.1115 & 1.1119
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-301011A1.pdf
  • amended to state that if payment of the delinquent debt is not made or satisfactory arrangements for payment are not made, we will withhold action on applications and other requests. FEE EXEMPT APPLICATIONS Please check the appropriate block on your application and provide the proper documentation, as required, to certify that your application is fee exempt. 47 CFR, Part 1, �1.1116 of the Commission's rules explains who qualifies as fee exempt. MANAGING DIRECTOR DECISIONS Requests for waivers, fee determinations, reconsiderations, applications for review, deferments, and specific refund requests are referred directly to the Office of the Managing Director. Each request is forwarded to the Office of General Counsel for review and legal determination. 47 CFR, Part 1, ��1.1115 & 1.1119 govern
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307141A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307141A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307141A1.txt
  • to state that if payment of the delinquent debt is not made or satisfactory arrangements for payment are not made, we will withhold action on applications and other requests. FEE EXEMPT APPLICATIONS Please check the appropriate block on your application and provide the proper documentation, as required, to certify that your application is fee exempt. 47 CFR, Part 1, � 1.1116 of the Commission's rules explains who qualifies as fee exempt. MANAGING DIRECTOR DECISIONS Requests for waivers, fee determinations, reconsiderations, applications for review, deferments, and specific refund requests are referred directly to the Office of the Managing Director. Each request is forwarded to the Office of General Counsel for review and legal determination. 47 CFR, Part 1, �� 1.1115 & 1.1119
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309272A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309272A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309272A1.txt
  • to state that if payment of the delinquent debt is not made or satisfactory arrangements for payment are not made, we will withhold action on applications and other requests. FEE EXEMPT APPLICATIONS Please check the appropriate block on your application and provide the proper documentation, as required, to certify that your application is fee exempt. 47 CFR, Part 1, � 1.1116 of the Commission's rules explains who qualifies as fee exempt. MANAGING DIRECTOR DECISIONS Requests for waivers, fee determinations, reconsiderations, applications for review, deferments, and specific refund requests are referred directly to the Office of the Managing Director. Each request is forwarded to the Office of General Counsel for review and legal determination. 47 CFR, Part 1, �� 1.1115 & 1.1119
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-380A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-380A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-380A1.txt
  • (July 16, 1986); see also Report and Order in Gen. Docket 86-285, 2 FCC Rcd 947, 956-97 (1987) ("payment of the correct fee continues to be a pre-condition to Commission processing of an application or filing" and applicants who fail to do so "may be denied an opportunity to compete for the right to provide a communications service."). Moreover, Section 1.1116(a) explicitly states that while "a defective fee may be corrected by resubmitting the application or other filing, together with the correct fee . . . the date of resubmission with the correct fee will be considered the date of filing." See also Memorandum Opinion and Order, 6 FCC Rcd 5919, 5922-23 (1991)(Commission specifically rejected allowing corrected fee advice forms and
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  • payments of FOIA fees). See 47 C.F.R. �� 0.460 and 0.467. See 47 U.S.C. �� 501, et seq. See footnote 8, supra. 5 U.S.C. � 552a; see Privacy Act System of Records, 65 Fed. Reg. 18103 (Apr. 6, 2000) (CORES); see also Privacy Act System of Records, 65 Fed. Reg. 18105 (Apr. 6, 2000) (RAMIS). 47 C.F.R. �� 1.1109, 1.1112, 1.1116. 47 C.F.R. �� 1.1157, 1.1164. 47 C.F.R. � 1.764. E.g., 47 C.F.R. �� 5.65(a); 25.112(a)(1); 25.527; 73.3564(a)(1); and 78.20(a). Compare 47 C.F.R. � 1.1113 with 47 C.F.R. � 1.1108. See 47 C.F.R. � 61.13, et seq. (tariff publications filed electronically through ETFS); 47 C.F.R. �� 61.1, et seq. (publications filed on paper or diskette). See 47 U.S.C. �� 203(b) (maximum
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-271A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-271A1.txt
  • for waiver of � 1.925(b)(1). 45 Cingular Cover Letter at 1-2. 46 See id.; 47 C.F.R. � 1.1102(6). Section 1.1102 of the Commission's rules sets forth the schedule of charges for applications and other filings in the wireless telecommunications services. 47 47 C.F.R. � 1.1102(6). 48 Cingular Cover Letter at 1-2. 49 See 47 U.S.C. � 158(d)(2). 50 Under Section 1.1116(b) of the Commission's rules, a penalty fee of 25% is charged when a filing is not accompanied by sufficient fees until after 30 days of the filing. 47 C.F.R. � 1.1116(b). 51 Cingular is being billed separately for the necessary filing fees and late penalty. Federal Communications Commission FCC 01-271 8 17. IT IS FURTHER ORDERED that pursuant to Sections
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  • services'' and insert the words, ``enforcement matters''. d) At � 1.1109 Payment of charges, at the Note following subparagraph (c), at the last sentence, change ``See � 1.1118'' to ``See � 1.1119''. At subparagraph (d), after the third sentence, add, ``A forfeited application fee will not be refunded.'' At subparagraph (e), in the first sentence, change ``� 1.110(b)'' to ``� 1.1116(b)''. e) At � 1.1110 Form of payment, at subparagraph (a), in the first sentence, change ``Visa or MasterCard'' to ``Visa, MasterCard, American Express, or Discover Card''. At subparagraph (a)(1), in the first sentence, change the words, ``will be'' to ``are'' and change the words, ``by Public Notice'' to ``in Bureau/Office fee filing guides''. Delete the last sentence, ``Applicants must submit
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  • Order, in the Federal Register as soon as possible. In addition, a Public Notice will be issued announcing the specific date when the new application fees and amended rules will become effective. Accordingly, IT IS ORDERED that the Schedule of Application Fees, 47 C.F.R. �� 1.1102 - 1.1107, and 47 C.F.R. �� 1.1104, 1.1105, 1.1106, 1.1109, 1.1110, 1.1111, 1.1113, 1.1114, 1.1116, 1.1117, and 1.1119, ARE AMENDED as set forth in the July Application Fee Order and the Appendix thereto, effective 30 days from the date of publication in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Amendment of the Schedule of Application Fees Set Forth in Section 1.1102 through 1.1107 of the Commission's Rules, GEN Docket No. 86-285, FCC
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  • staff's fee determination. (2) If, after final determination that the fee is due or is delinquent, 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. Section 1.1116 is amended by adding a new sentence to the end of paragraph (a) to read, ``Filings by delinquent debtors will also be dismissed if the delinquent debt is not paid or satisfactory arrangements made. See 47 CFR 1.1910.'', by deleting the title and paragraph (b) and adding a new title, paragraph (b), and paragraph (d) to read as follows: �
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  • granted Sirius's application to modify its license to increase the number of satellites to three and to launch a three-satellite, non-geostationary orbit (NGSO) system in order to offer better quality service. See Sirius Satellite Radio Inc., 16 FCC Rcd 5419 (IB 2001). IB determined, however, that Sirius had not submitted the appropriate fee with its application and, pursuant to Section 1.1116(b) of the Commission's rules, 47 C.F.R. � 1.1116(b), it directed Sirius to pay the fee for authority to launch and operate an NGSO system. On June 4, 2001, the Office of Managing Director (OMD) issued Sirius a Bill For Collection in the amount of $286,095, which represented the difference between the $308,105 fee for authority to launch and operate an
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  • and adjustments made, if any, will be reflected in the next publication of Schedule of Charges. * * * * * (a)(2) Adjustments based upon the percentage change in the CPI-U will be applied against the base fees as enacted or amended by Congress in the year the fee was enacted or amended. * * * * * 10. Section 1.1116 is amended by revising paragraph (a) to read as follows: � 1.1116 Penalty for late or insufficient payments. (a) Filings subject to fees and accompanied by defective fee submissions will be dismissed under � 1.1109(d) of this subpart where the defect is discovered by the Commission's staff within 30 calendar days from the receipt of the application or filing by
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  • . Accordingly, IT IS ORDERED THAT, pursuant to Sections 4(i), 8(c)(2), 9(c)(2), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 158(c)(2), 159(c)(2), and 303(r), and 5 U.S.C. � 5514, the rules set forth in Appendix A are hereby ADOPTED, effective 30 days from publication in the Federal Register, except that changes to rules 1.1112, 1.1116, 1.1161 and 1.1164 and newly adopted rule 1.1910 are effective October 1, 2004. IT IS FURTHER ORDERED that the Commission's Consumer & Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order including the Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary
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  • Order, 20 FCC Rcd at 16729, � 5; but see Damages Answer at 2, � 7 (stating that Defendants never received the May 19, 2003 complaint ). 47 C.F.R. � 1.1106. See Complainants' Motion for Partial Waiver of Section 1.718 of the Commission's Rules, File No. EB-03-MD-011 (filed June 3, 2003) (``Waiver Motion'') at 4-5. See generally 47 C.F.R. � 1.1116(a). See, e.g., Waiver Motion at 5; Opposition to Waiver Motion at 2; Damages Answer at 4; Damages Joint Statement at 9. See, e.g., 47 C.F.R. � 1.1116(a)(2). See Waiver Order, 20 FCC Rcd at 16729, � 6; Waiver Motion at 4-5, 7-9. See Waiver Order, 20 FCC Rcd at 16729, � 7; Liability Complaint, supra. Waiver Motion. See, e.g. ,Waiver
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  • Chapparral filed its application electronically and simultaneously electronically submitted the requisite application fee for a minor change application. Chaparral, however, omitted the required fee of $2,230 for rulemaking to change the community of license or upgrade an existing allotment. Accordingly, on December 10, 2004, Chaparral was assessed a 25 percent late payment penalty of $557.50 pursuant to 47 C.F.R. � 1.1116(b). On December 10, 2004 and January 4, 2005, Chaparral requested waiver of the late payment penalty on various grounds. Chaparral submitted the rulemaking fee and the late payment penalty on January 28, 2005. 3. Only one argument asserted by Chaparral remains at issue. In seeking reconsideration of OMD's refusal to waive the late payment penalty, Chaparral argued that, under the
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  • this task. If the applicant is not technically inclined, there may be costs associated with compensating engineering or technical staff or consultants to comply with this information collection. However, we expect there to be no cost in terms of FCC fees associated with this information collection because public safety entities are exempt from application fees pursuant to 47 C.F.R. � 1.1116(b). The purpose of this proposed information collection requirement is to make this information available to coordinating entities to ensure that these operations are protected from interference. The proposal to permit aeronautical mobile operation would impose a one-time information collection requirement on applicants for such operation. The information collected would include a description of proposed operation to demonstrate that the proposed
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2819A1.html
  • Telecommunications Act of 1996, Report and Order, 18 FCC Rcd 19975, 19983-86 at paras. 16-24 (2003) (subsequent history omitted); Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, Second Order on Reconsideration, 16 FCC Rcd 8098, 8105 at para. 16 (2001) (subsequent history omitted). 13 Answer at 3. 14 47 C.F.R. 1.1106. 15 See generally 47 C.F.R. 1.1116(a). 16 47 C.F.R. 1.1116(a)(2). 17 Waiver Motion at 4-5, 7-9. 18 APCC Services, et al. v. NetworkIP, LLC and Network Enhanced Telecom, LLP, Formal Complaint, File No. EB-03-MD-011 (filed June 3, 2003) (``Formal Liability Complaint''). See APCC Services, et al. v. NetworkIP, LLC and Network Enhanced Telecom, LLP, Defendants' Answer to Formal Complaint, File No. EB-03-MD-011 (filed July 28, 2003)
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-14A1.html
  • Order, 20 FCC Rcd at 16729, P 5; but see Damages Answer at 2, P 7 (stating that Defendants never received the May 19, 2003 complaint ). 47 C.F.R. S 1.1106. See Complainants' Motion for Partial Waiver of Section 1.718 of the Commission's Rules, File No. EB-03-MD-011 (filed June 3, 2003) ("Waiver Motion") at 4-5. See generally 47 C.F.R. S 1.1116(a). See, e.g., Waiver Motion at 5; Opposition to Waiver Motion at 2; Damages Answer at 4; Damages Joint Statement at 9. See, e.g., 47 C.F.R. S 1.1116(a)(2). See Waiver Order, 20 FCC Rcd at 16729, P 6; Waiver Motion at 4-5, 7-9. See Waiver Order, 20 FCC Rcd at 16729, P 7; Liability Complaint, supra. Waiver Motion. See, e.g. ,Waiver
• http://www.fcc.gov/Forms/Form1070/1070y.pdf
  • to state that if payment of the delinquent debt is not made or satisfactory arrangements for payment are not made, we will withhold action on applications and other requests. FEE EXEMPT APPLICATIONS Please check the appropriate block on your application and provide the proper documentation, as required, to certify that your application is fee exempt. 47 CFR, Part 1, � 1.1116 of the Commission's rules explains who qualifies as fee exempt. MANAGING DIRECTOR DECISIONS Requests for waivers, fee determinations, reconsiderations, applications for review, deferments, and specific refund requests are referred directly to the Office of the Managing Director. Each request is forwarded to the Office of General Counsel for review and legal determination. 47 CFR, Part 1, �� 1.1115 & 1.1119
• http://www.fcc.gov/Forms/Form601/601fs.pdf
  • under IRS Code Section 501 or current certification as a non-profit corporation or other non-profit entity by sta te or other governmental authority.) FCC 601 FCC 159 Payment/Fee Type Code: PEOM - $270.00 Fee (Per Call Sign) GENERAL FEE EXEMPTIONS Further fee exemptions may be identified with a specific radio service in this guide. See 47 CFR, Part 1, � 1.1116 of the Commission's Rules for further explanation of who qualifies as a fee exemption. The following are exempt from ALL fee requirements: Governmental Entities Non-commercial Educational Broadcast stations. Educational Broadband Service. FCC 601FS Sept 2011 - 7 - The following are exempt from either application and/or regulatory fee requirements: Non-profit applicants in the Special Emergency and Public Safety Radio Services
• http://www.fcc.gov/Forms/Form605/605fs.pdf
  • 95 GENERAL MOBILE RADIO SERVICE FCC 605 FCC 159 Application Payment/Fee Type Code: PAZM - $60.00 Fee AND Regulatory Payment/Fee Type Code: PAZR - $25.00 (Per Call Sign) PART 97 AMATEUR RADIO SERVICE FCC 605 FCC 159 Payment/Fee Type Code: WAVR - $14.20 Fee FCC 605FS Sept 2011 - 6 - GENERAL FEE EXEMPTIONS See 47 CFR, Part 1, � 1.1116 of the Commission's Rules for explanation of who qualifies as a fee exemption. METHOD OF PAYMENT Payment of fees must be made by a single check, bank draft, money order, credit card (Visa, MasterCard, American Express and Discover), or by wire transfer. NOTE: The U.S. Treasury will reject Credit Card transactions greater than $99,999.99. This limit includes multiple transactions on
• http://www.fcc.gov/eb/Orders/2005/DA-05-2819A1.html
  • Telecommunications Act of 1996, Report and Order, 18 FCC Rcd 19975, 19983-86 at paras. 16-24 (2003) (subsequent history omitted); Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, Second Order on Reconsideration, 16 FCC Rcd 8098, 8105 at para. 16 (2001) (subsequent history omitted). 13 Answer at 3. 14 47 C.F.R. 1.1106. 15 See generally 47 C.F.R. 1.1116(a). 16 47 C.F.R. 1.1116(a)(2). 17 Waiver Motion at 4-5, 7-9. 18 APCC Services, et al. v. NetworkIP, LLC and Network Enhanced Telecom, LLP, Formal Complaint, File No. EB-03-MD-011 (filed June 3, 2003) (``Formal Liability Complaint''). See APCC Services, et al. v. NetworkIP, LLC and Network Enhanced Telecom, LLP, Defendants' Answer to Formal Complaint, File No. EB-03-MD-011 (filed July 28, 2003)
• http://www.fcc.gov/eb/Orders/2007/FCC-07-14A1.html
  • Order, 20 FCC Rcd at 16729, P 5; but see Damages Answer at 2, P 7 (stating that Defendants never received the May 19, 2003 complaint ). 47 C.F.R. S 1.1106. See Complainants' Motion for Partial Waiver of Section 1.718 of the Commission's Rules, File No. EB-03-MD-011 (filed June 3, 2003) ("Waiver Motion") at 4-5. See generally 47 C.F.R. S 1.1116(a). See, e.g., Waiver Motion at 5; Opposition to Waiver Motion at 2; Damages Answer at 4; Damages Joint Statement at 9. See, e.g., 47 C.F.R. S 1.1116(a)(2). See Waiver Order, 20 FCC Rcd at 16729, P 6; Waiver Motion at 4-5, 7-9. See Waiver Order, 20 FCC Rcd at 16729, P 7; Liability Complaint, supra. Waiver Motion. See, e.g. ,Waiver
• http://www.fcc.gov/fcc-bin/audio/DA-07-3504A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3504A1.pdf
  • FM Radio Station License Dear Applicant: We have before us the captioned application of Leon F. Pettersen (the ``Licensee''), for renewal of his license for Station WLVO(FM), Live Oak, Florida (the ``Station''). We find that the Licensee did not timely and properly file the renewal application, but also find that our recourse for the improper filing is dictated by Section 1.1116(b) of the Commission's Rules (the ``Rules''). Accordingly, we grant, in part, Licensee's Petition for Reconsideration of the staff's cancellation of his license and deletion of the Station's call sign, and grant the captioned WLVO(FM) renewal application and reinstate the call sign for the Station. Background. Section 73.3539(a) of the Rules requires that applications for renewal of license for broadcast stations
• http://www.fcc.gov/fcc-bin/audio/DA-07-4326A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4326A1.pdf
  • a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that the Licensee did in fact tender a license renewal application for KITX(FM) on February 1, 2005, but failed to pay the proper filing fee amount. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://www.fcc.gov/fcc-bin/audio/DA-07-4327A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4327A1.pdf
  • filed a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that the Licensee did in fact tender a license renewal application for KMGZ(FM) on January 28, 2005, but failed to pay the requisite filing fee. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://www.fcc.gov/fcc-bin/audio/DA-07-4352A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4352A1.pdf
  • it neglected to pay the requisite filing fee. Thus, under current electronic application filing procedures, the 2005 Application was not successfully filed. As noted above, the Licensee ultimately paid the filing fee not only for the 2005 Application, but also for the subsequently filed 2006 Application. We therefore decline to impose the 25 percent late payment penalty prescribed by Section 1.1116(b) of the Rules. Nevertheless, because the 2005 Application was not successfully filed on or before June 1, 2005, as required by Section 73.3539(a) of the Rules, we propose a forfeiture below. We also dismiss the 2006 Application as moot and reinstate the Station's call letters. 5. Petitions to Deny. On March 15, 2006, Johnson filed a Petition to Deny the
• http://www.fcc.gov/fcc-bin/audio/DA-08-1059A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1059A1.pdf
  • then filed a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's databases, and we find that the Licensee did in fact tender a license renewal application for WRIV(AM) on February 1, 2006, but failed to pay the requisite filing fee. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://www.fcc.gov/fcc-bin/audio/DA-08-383A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-383A1.pdf
  • receiving a filing fee for the electronic application or ownership report prepared on September 29, 2005, until February 6, 2006; no funds were received or charged until that date, and the renewal application designated ``20050929BHF'' and the Ownership Report designated ``20050929BHC'' remained (and remain) in ``Ready'' Status. There appears to be no error in the CDBS electronic filing system. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://www.fcc.gov/fcc-bin/audio/DA-08-384A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-384A1.pdf
  • filed a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that the Licensee did in fact tender a license renewal application for KELP(AM) on March 28, 2005, but failed to pay the requisite filing fee. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://www.fcc.gov/fcc-bin/audio/DA-08-385A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-385A1.pdf
  • a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that the Licensee did in fact tender a license renewal application for WMER(AM) on January 27, 2004, but failed to pay the proper filing fee amount. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://www.fcc.gov/fcc-bin/audio/DA-08-386A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-386A1.pdf
  • filed a second license renewal application - with the appropriate filing fee - and the STA Request. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that the Licensee did in fact tender a license renewal application for K276DA on May 31, 2005, but failed to pay the requisite filing fee. Section 1.1116(b) of the Rules sets forth the procedures for processing applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25 percent penalty if the application is inadvertently forwarded to Commission staff for substantive review and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section 1.1116(b) antedates electronic
• http://www.fcc.gov/fcc-bin/audio/DA-09-2438A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2438A1.pdf
  • Station on September 30, 2004, but failed to pay the requisite filing fee. It submitted the filing fee on February 28, 2005, and on March 1, 2005, it re-filed its application with an explanation of the circumstances regarding its error. For the reasons set forth below, we will cancel the NAL and impose a 25% penalty as provided in Section 1.1116 of the Rules. Perry argues that the Station's application for renewal should have been returned as unprocessable pursuant to Section 1.1109 of the Rules. We agree that under former Section 1.1109 of the Rules, which was in effect at the time that Perry filed the original application, as well as Section 1.1116(a), if the defective fee is discovered within 30
• http://www.fcc.gov/fcc-bin/audio/DA-09-2571A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2571A1.pdf
  • the Application. Licensee states that the Commission failed to consider its good faith effort to timely file the Application and its history of compliance with the Rules. In sum, Licensee avers that the proposed forfeiture is improper and excessive because it is premised on incorrect factual findings, and that a simple reminder or a bill for payment, pursuant to Section 1.1116(b) of the Rules, could have resulted in the proper payment of the filing fee and the Application being timely filed. Discussion. We have reviewed the record in this case and the Commission's data bases, and we find that Licensee did in fact tender a license renewal application for the Station on September 30, 2004, but failed to pay the requisite
• http://www.fcc.gov/fcc-bin/audio/DA-10-122A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-122A1.pdf
  • the required filing date, and was assigned File Number ``20040930BDQ.'' Wennes acknowledges, however, that it did not properly tender the requisite filing fee with its September 30th submission. Wennes avers that the proposed forfeiture is improper and excessive because it is premised on incorrect factual findings, and that a simple reminder or a bill for payment pursuant to then Section 1.1116(b) of the Rules could have resulted in the proper payment of the filing fee and the Application being timely filed. Wennes also states that the Commission failed to consider its good faith effort to timely file the Application and its history of compliance with the Rules. Discussion. We have reviewed the record in this case and the Commission's CDBS database,
• http://www.fcc.gov/fcc-bin/audio/DA-10-921A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-921A1.pdf
  • in fact tender a license renewal application for KHCA(FM) on January 25, 2005, but failed to pay the requisite filing fee. On October 22, 2009, it re-filed the KHCA(FM) renewal application with a clear explanation of its error as soon as it realized it had failed to file properly, and before any action was taken on its original application. Section 1.1116 of the Rules sets forth the procedures for processing applications submitted without required fees. Under 1.1116(a), if the defect is discovered within 30 days of filing, the application is dismissed and can be refiled with a new filing date. If the defect is discovered after 30 days have passed without being ``forwarded to Commission staff for substantive review,'' pursuant to