FCC Web Documents citing 1.1910
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- action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the applicant, such applications or requests will be dismissed. 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). 47 C.F.R. 54.711(a). Matter of Federal-State Board on Universal Service, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 24952, 25791, 34 (2002). See Letter from P.J.
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- executed on August 14, 2009, by and between Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, and Jonathan Marashlian, Counsel to Next-G; Tolling Agreement Extension, File No. EB-05-IH-2010, executed on October 8, 2009, by and between Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, and Jonathan Marashlian, Counsel to Next-G. See 47 C.F.R. 1.1910. Federal Communications Commission DA 09-2068 Federal Communications Commission DA 09-2068 b c tm 0 0 / 1
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- debt to the Treasury Department for lack of payment). The Commission's rules require the Commission to withhold action on applications and other requests for benefits when the entity applying for or seeking benefits is delinquent in non-tax debts owed to the Commission, and to dismiss such applications or other request if the delinquency is not resolved. See 47 C.F.R. 1.1910(b)(3). Also see generally 47 C. F. R. Part 1, Subpart O. 800 MHz Rebanding R&O, 19 FCC Rcd 15051, 151. Id. at 19 FCC Rcd 15052, 15055, 153, 159. Id. See Improving Public Safety Communications in the 800 MHz Band, et al., Supplemental Order and Order on Reconsideration, 19 FCC Rcd. 25120, 2155 70 (2004). While PCSI and
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- delinquent.''). Id. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) (``DCIA Order''). In its Order, the Commission codified procedures at 47 C.F.R. 1.1910, the ``red light rule,'' to extend and clarify existing policies in the management of the Commission's accounts, and to withhold action on applications or other requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15.
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- delinquent.''). Id. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) (``DCIA Order''). In its Order, the Commission codified procedures at 47 C.F.R. 1.1910, the ``red light rule,'' to extend and clarify existing policies in the management of the Commission's accounts, and to withhold action on applications or other requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15.
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- invoice.''). . See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) (``DCIA Order''). In its Order, the Commission codified procedures at 47 C.F.R. 1.1910, the ``red light rule,'' to extend and clarify existing policies in the management of the Commission's accounts, and to withhold action on applications or other requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15.
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- CCN, Inc., et al, Order to Show Cause and Opportunity for Hearing, Order, 13 FCC Rcd 13599 (1998) (revoking carrier's operating authority based on findings of repeated violations); see also, e.g., Business Options, Inc., Consent Decree, 19 FCC Rcd 2916 (2003); NOS Communications, Inc., Affinity Network Incorporated and NOSVA Limited Partnership, Consent Decree, 2003 WL 22439710 (2003). 47 C.F.R. 1.1910. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) (``DCIA Order''). In its Order, the Commission codified procedures at 47 C.F.R. 1.1910, the
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- 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910. t''). he Federal Register and on its website the manner of payment and the dates by which payments must be made.''); ``Proposed Second Quarter 2006 Contribution Factor,'' Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown on the invoice.''). See also 47 C.F.R. 54.713(b) (noting that if a USF ``contributor
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- 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910. iling, http://www.fcc.gov/Forms/Form499-A/499a-2009.pdf (February 2009) (``Annual Worksheet''). 11(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''); ``Proposed Second Quarter 2006 Contribution Factor,'' Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown
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- activities, user information services, and international activities.'' 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151. 47 C.F.R. 1.1154, 1.1157(b)(1). Id. 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. 1.1154. See 47 U.S.C. 159(c)(1), (c)(3). 47 C.F.R. 1.1910. The ``red light rule'' took effect on November 1, 2004. See FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). 2). See 47 C.F.R. 1.1154 (regulatory fees), 52.17 (numbering), 52.32 (LNP), 54.709 (USF). (last visited May 9, 2012). 47 C.F.R. 54.713. See Telseven, LLC ``Registration Detail,'' available at https://fjallfoss.fcc.gov/coresWeb/searchDetail.do?frn= 0009834466
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- of the terms of the Loan Documents." Letter from Mark Reger, CFO, FCC, to Morris Communications, Inc. at 2 (Apr. 26, 2002). Finally, neither the FCC's receipt of Morris's Notifications of Buildout nor its 15 7 To the extent Morris argues that the Commission's processing of the Notifications of Buildout as well as the two STAs violated 47 C.F.R. 1.1910(b)(2), which prohibits the Commission "from taking action on any application `by any entity found to be delinquent in its debt to the Commission,'" Br. of Appellant at 14 (quoting 47 C.F.R. 1.1910(b)(2)), the argument is waived because Morris failed to raise it before the Commission. Qwest Corp. v. FCC, 482 F.3d 471, 474 (D.C. Cir. 2007) ("`[This Court] generally
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- 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 or request for benefits. The event is open
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- (FCC) will implement its new rules further implementing the Debt Collection Improvement Act of 1996 (DCIA). The new rules will have an impact on anyone doing business with the FCC - including applicants for numbering resources, schools, libraries, and other universal service beneficiaries - who is delinquent in debt owed to the agency. The new rule, found at 47 C.F.R. 1.1910 and commonly referred to as the ``red light rule,'' provides that any entity or person filing an application or seeking a benefit from the Commission or one of its components (including the Universal Service Administrative Corporation, the North American Numbering Plan Administrator (NANPA), and the Thousands Block Pooling Administrator (PA)) that is delinquent in debts owed to the Commission will
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- Morrison & Foerster, LLP 2000 Pennsylvania Avenue, NW Washington, DC 20006-1888 Re: Expedited Clarification of Sections 1.2105(a) and 1.2106(a) of the Commission's Rules Dear Ms. Tritt: This letter responds in part to your November 12, 2004, request (``Request'') that the Federal Communications Commission clarify that the term ``debt'' or ``non-tax debt,'' as referenced in Sections 1.2105(a) and 1.2106(a) and Section 1.1910 of the Commission's rules, 47 C.F.R. 1.2105(a), 1.2106(a), and 1.1910, does not include regulatory or application fees owed to the Commission or any other federal agencies. In light of the need for parties to comply with Sections 1.2105(a) and 1.2106(a) in connection with applications to participate in Auction No. 58 that must be filed no later than November 30,
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- refer to ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). 47 C.F.R. 1.2104(g), 1.2107(c), 73.5005(c). Applicants are also reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act has recently become effective. 47 C.F.R. 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). 47 C.F.R. 73.5005(a). 47 C.F.R. 1.2107(d). 47 C.F.R. 1.2110(j). 47 C.F.R. 1.2112(a). Pub. L. 105-33, 111 Stat. 251 (1997). 47
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- News Releases covering the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Results are rounded using our standard rounding procedure: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. 47 C.F.R. 1.2106(a). 47 C.F.R. 1.1910. Auction No. 61 Comment Public Notice at 3. Id. at 3. Id. at 4. Id. at 4. When monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new provisionally winning bids, excluding any FCC-held licenses. Auction No. 61 Comment Public Notice at 4-5. Id. at 9. Id. at 9.
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- $1,000 are rounded to the nearest $10. A bidder can only bid for one construction permit in an MX group. Therefore, a bidder that wishes to bid on the construction permit in an MX group in which it has two engineering proposals only needs to purchase 1,000 bidding units and not 2,000 bidding units. 47 C.F.R. 1.2106(a). 47 C.F.R. 1.1910. Auction No. 81 Comment Public Notice at 2. Id. at 3. Id. at 3-4. Id. at 3-4. When monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the construction permits receiving new provisionally winning bids, excluding any FCC-held construction permits. Auction No. 81 Comment Public Notice at 4-5. Id. at 8-9. Id.
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- after the given round. (See below Section IV.B.4). Hodson Comments at 8. Id. at 7. Results are rounded using our standard rounding procedure: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. 47 C.F.R. 1.2106(a). 47 C.F.R. 1.1910. Auction No. 62 Comment Public Notice at 3. Summit Comments at 1. Mullaney Comments at 3. Mullaney Comments at 3. Summit Comments at 1. Mullaney Comments at 3. Part 1 Second R&O , 9 FCC Rcd at 2366. Id. at 3. Id. at 3-4. Summit Comments at 1. See also Hodson Comments at 10. Summit Comments at 1; Hodson Comments
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- Auction Procedures, Public Notice, 18 FCC Rcd 17553 (2003) (``Auction No. 53 Procedures Public Notice''). Results are rounded using our standard rounding procedure: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. 47 C.F.R. 1.2106(a). 47 C.F.R. 1.1910. Auction No. 63 Comment Public Notice at 3. Id. at 3. Id. at 4. The percentage of bidding units receiving new provisionally winning bids is reported as the ``Stage Transition Percentage'' on the Results tab of the FCC Auction System. Auction No. 63 Comment Public Notice at 4. The stage of the auction does not affect the auction stopping rules;
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- Broadcasting of Michigan 5815 S. Pennsylvania Lansing, MI 48911 Re: FRN: 0013198643 Call Sign: E050147 File No. SES-REG-20050523-00637 NOTICE OF DISMISSAL Dear Mr. Winsky: On May 23, 2005, Freedom Broadcasting of Michigan filed a C -band Receive Only Registration Earth Station Application. For the reasons discussed below, we dismiss your Registration application without prejudice to refiling. Under 47 C.F.R. 1.1910, applications filed with the Commission are checked to determine whether the applicant is delinquent in any non-tax debt owed to the Commission. On May 24, 2005 you were notified that Freedom Broadcasting of Michigan was delinquent on the payment of debts owed to the Federal Communications Commission. The letter informed you that if full payment or satisfactory arrangement to pay
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- for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 164 (1998). See 47 C.F.R. 73.3522(a), 73.3572. See 47 C.F.R. 1.2104(g), 1.2107(c), 73.5005(c). Applicants also are reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act has become effective. 47 C.F.R. 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). 47 C.F.R. 73.5005(a). 47 C.F.R. 1.2107(d). 47 C.F.R. 1.2110(j). 47 C.F.R. 1.2112(a). Pub. L. 105-33, 111 Stat. 251 (1997). 47
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- station. Other facilities changes will be considered minor. If you have any questions, please contact Shaun Maher, Video Division, Media Bureau at 202-418-1600. --FCC-- . See Establishment of Class A Television Service, 15 FCC Rcd 6355 (2000). Applicants are also reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act has recently become effective. 47 C.F.R. 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits that are filed by parties that have outstanding debts owed to the Commission. Id. 47 C.F.R. 74.787(b)(1)-(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 tm - -
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- NOTICE Released: October 18, 2005 DEBT COLLECTION DECISIONS OF THE MANAGING DIRECTOR AVAILABLE TO THE PUBLIC The Managing Director is responsible for collecting money owed to the Commission, for the enforcement of its debt collection rules and for reviewing requests from applicants for the reinstatement of filings dismissed due to outstanding delinquent debts owed to the Commission, see 47 CFR 1.1910 (a)(1) (red-light rule). A public notice of actions taken on reinstatement requests is published in the FCC record. The following Managing Director reinstatement decisions are released for public information: Baldwin Broadcasting - Request for reinstatement of license for call signs WAVH (FCC ID 3636) File Number, BRH-20031208CCW and WZEW (FCC ID 74287) File Number BRH-20031208CCZ. Granted (February 28, 2005) Coleman
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- PUBLIC NOTICE Released: October 18, 2005 DEBT COLLECTION DECISIONS OF THE MANAGING DIRECTOR AVAILABLE TO THE PUBLIC The Managing Director is responsible for collecting money owed to the Commission, for the enforcement of its debt collection rules and for reviewing requests from applicants for the reinstatement of filings dismissed due to outstanding delinquent debts owed to the Commission, see 47CFR 1.1910 (a)(1) (red-light rule). A public notice of actions taken on reinstatement requests is published in the FCC record. The following Managing Director reinstatement decisions are released for public information: Broadcast Investment Associates - Request for reinstatement of application for WTSH-AM, File Number BZ-20040427ABZ. Facility ID 77917. Granted (June 13, 2005) Knudson - Request for reinstatement of license renewal for call
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- bids if the auction were to close after the given round. (See below Section IV.B.4). Results are rounded using our standard rounding procedure: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. 47 C.F.R. 1.2106(a). 47 C.F.R. 1.1910. Auction No. 64 Comment Public Notice at 3. Id. at 4. Id. at 4-5. Id. at 4-5. When monitoring activity for determining when to change stages, the Bureaus may consider the percentage of bidding units of the construction permits receiving new provisionally winning bids, excluding any FCC-held construction permits. Auction No. 64 Comment Public Notice at 6. Id. at 9.
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- NOTICE Released: November 18, 2005 DEBT COLLECTION DECISIONS OF THE MANAGING DIRECTOR AVAILABLE TO THE PUBLIC The Managing Director is responsible for collecting money owed to the Commission, for the enforcement of its debt collection rules and for reviewing requests from applicants for the reinstatement of filings dismissed due to outstanding delinquent debts owed to the Commission, see 47 CFR 1.1910 (a)(1) (red-light rule). A public notice of actions taken on reinstatement requests is published in the FCC record. The decisions are placed in General Docket 02-339 and are available for public inspection. Copies of the appropriate decisions are also placed in the appropriate docket, if one exists. The following Managing Director reinstatement decisions are released for public information: Arkansas County
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- (FRN) Taxpayer Identification Number (see below) Correspondent Bank (if applicable) ABA Number Account Number (Applicants should also note that implementation of the Debt Collection Improvement Act of 1996 requires the FCC to obtain a Taxpayer Identification Number (TIN) before it can disburse refunds.)90 Eligibility for refunds is discussed in Section V.F., below. 89 47 C.F.R. 1.2106(a). 90 47 C.F.R. 1.1910. 22 F. Auction Registration Approximately ten days before the auction, the FCC will issue a public notice announcing all qualified bidders for the auction. Qualified bidders are those applicants whose FCC Form 175 applications have been accepted for filing and have timely submitted upfront payments sufficient to make them eligible to bid on at least one of the licenses for
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- Report and Order, 19 FCC Rcd 6540 (2004). The ``red light'' rule requires the Commission to withhold action on applications and other requests for benefits when the entity applying for or seeking benefits is delinquent in non-tax debts owed to the Commission, and to dismiss such applications or other request if the delinquency is not resolved. See 47 C.F.R. 1.1910; Amendment of Parts 0 and 1 of the Commission's Rules, 19 FCC Rcd at 6541-45 3-15. Letter from M. Washington, Credit Manager, Revenue and Receivables Operations Group, Office of Managing Director, Federal Communications Commission to International Telecom Exchange Group, Inc., dated April 26, 2006. 47 U.S.C. 503(b)(1)(B); 47 C.F.R. 1.80(a)(1). 47 U.S.C. 312(f)(1). H.R. Rep. No.
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- 1.2106(a); see supra Section II.F. ``Provisions Regarding Former and Current Defaulters.'' 47 C.F.R. 1.2110(c). Auction No. 68 Comment Public Notice at 4. Provisionally winning bids are bids that would become final winning bids if the auction were to close after the given round. See infra Section IV.B.4. ``Provisionally Winning Bids.'' See 47 C.F.R. 1.2106(a). See 47 C.F.R. 1.1910. Auction No. 68 Comment Public Notice at 2. Mullaney Comments at 2. Id. Part 1 Second Report and Order, 9 FCC Rcd at 2366. Auction No. 68 Comment Public Notice at 4. See supra Section IV.A.3. ``Activity Rule Waivers.'' Auction No. 68 Comment Public Notice at 6. Auction No. 68 Comment Public Notice at 3. Id. at 3. Id. at
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- qualified bidder has either previously been in default on a Commission license or delinquent on non-tax debt owed to a Federal agency (see 47 C.F.R. section 1.2106(a)), or has submitted an upfront payment that exceeds the total amount of bidding units associated with the licenses it selected on its FCC Form 175 application. 47 C.F.R. 1.2106(a). 47 C.F.R. 1.1910. Auction No. 69 Comment Public Notice, 21 FCC Rcd at 9497. Itron, Inc. comments at 2. See, e.g., Auction of Advanced Wireless Services Licenses Scheduled for June 29, 2006; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Procedures,'' Public Notice, 21 FCC Rcd 794, 797-8 (2006) (``Auction No. 66 Comment Public Notice''). Paul Milgrom and Karen Wrege
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- the total amount of bidding units associated with the construction permits it selected on its FCC Form 175 application. Bidders must also remain mindful of the need to maintain sufficient bidding activity during the auction. Discussion of the activity rule requirements may be found in Section IV.A.2. ``Eligibility and Activity Rules,'' infra. See 47 C.F.R. 1.2106(a). See 47 C.F.R. 1.1910. Auction No. 70 Comment Public Notice at 2. MEI Comments at 4. Id. Competitive Bidding Second Report and Order, 9 FCC Rcd at 2366. Auction No. 70 Comment Public Notice at 4. See supra Section IV.A.5. ``Activity Rule Waivers.'' Auction No. 70 Comment Public Notice at 5. The percentage of bidding units receiving new provisionally winning bids is reported as
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- few instances with multiple allotments in the same community, an applicant can click on the ``Info'' hyperlinks in the results page to determine which Short Form is applicable to which applicant. See 47 C.F.R. 1.2104(g), 1.2107(c), 73.5005(c). Applicants also are reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act will be enforced. 47 C.F.R. 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). 47 C.F.R. 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information,
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- procedures in many auctions, the minimum opening bid amounts for licenses in Auction No. 65 will not be determined by the number of bidding units per license. See infra IV.B.2. ``Reserve Price or Minimum Opening Bid.'' Auction No. 65 Comment Public Notice at 6. See supra II.F. ``Provisions Regarding Former and Current Defaulters.'' 47 C.F.R. 1.2106(a). 47 C.F.R. 1.1910. Auction No. 65 Comment Public Notice at 4. As also explained above, 100,000 bidding units of eligibility will permit bidders to be active on more than one license in a given round, although no bidder will be permitted to win more than a single license. See supra Section III.D.3. ``Upfront Payments and Bidding Eligibility.'' Auction No. 65 Comment Public Notice
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- for the enforcement of the Commission's debt collection rules, and, when a regulatee or licensee has failed to pay the appropriate fees or it is delinquent in a debt, effecting appropriate procedures, including notice to the debtor that action is withheld and an application will be dismissed due to outstanding delinquent debts owed to the Commission (see 47 C.F.R. 1.1910 (a)(1) (Red-Light Rule)). The Managing Director also responds to timely, filed challenges from applicants for a review of the existence or amount of the delinquent debt, a favorable decision on which may result in reinstatement of the application. A public notice of actions taken on such timely, filed challenges is published in the FCC record. The following Managing Director decisions
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- for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 164 (1998). See 47 C.F.R. 73.3522, 73.3572. See 47 C.F.R. 1.2104(g), 1.2107(c), 73.5005(c). Applicants also are reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act will be enforced. 47 C.F.R. 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). 47 C.F.R. 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information,
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- LA 70816 Re: NOTICE OF DISMISSAL FRN: 0001722396 File Nos. SES-RWL-20060209-00218 Call Sign E7107 Dear Mr. McMahon: On February 7, 2006, Interstate Communications, Inc. filed a renewal application for a C-Band Fixed Earth Station license in Baton Rouge, LA. We dismiss the application without prejudice to refiling for Interstate Communications, Inc.'s failure to pay delinquent Commission debts. Pursuant to Section 1.1910(a)(1) of the Commission's rules, the Commission examines each application to determine whether the applicant is delinquent in any non-tax debt owed to the Commission. On February 8, 2006, the Commission notified Interstate Communications, Inc. that it was delinquent on the payment of debts owed to the Commission. The letter stated that if full payment or satisfactory arrangement to pay the
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- LLP 1601 Elm Street Dallas, TX 75201 Re: NOTICE OF DISMISSAL FRN: 0008337081 File No. SES-LIC-20021028-01926 Call Sign E020303 Dear Mr. Miller: On October 28, 2002, Schlumberger Omnes (Schlumberger) filed an application to operate Ku-Band Earth Stations on Board Vessels (ESVs). We dismiss the application without prejudice to refiling for Schlumberger's failure to pay delinquent Commission debts. Pursuant to Section 1.1910(a)(1) of the Commission's rules, the Commission examines each application to determine whether the applicant is delinquent in any non-tax debt owed to the Commission. On November 10, 2005, the Commission notified Schlumberger that it was delinquent on the payment of debts owed to the Commission. The letter stated that if full payment or satisfactory arrangement to pay the delinquent debt
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- in the Commission's records) to Shawnee, Kansas. After no payment was received in response to the December 16, 2004 invoice, the Commission's Office of Managing Director, Revenue and Receivables Operations Group sent a letter dated March 10, 2005 to Wilcox at the Shawnee address, stating that Wilcox was delinquent in the amount of seventy-five dollars and that pursuant to Section 1.1910(b) of the Commission's Rules, its application would be dismissed if full payment was not received within thirty days. After no payment was received in response to the March 10, 2005 letter, the Division dismissed the application on April 26, 2005. On May 4, 2005, Wilcox submitted a seventy-five dollar payment to the Commission. Discussion. Pursuant Section 1.1910(a)(1) of the Commission's
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- L. No. 104-134, 110 Stat. 1321, 1358 (1996). See 47 C.F.R. Part 1, Subpart O. See also Amendment of Parts 0 and 1 of the Commission's Rules - Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, Report and Order, 19 FCC Rcd 6540 (2004). Id. 1.1910(b). Federal Communications Commission Washington, D.C. 20554 Bk(/YM`鉉PNG 0eX...W0f"˸ -ʝ D... p-C C\ i8 ] ~'\ gbFJU }p Ӵ:|Y.̕ `]feʦS 8o(R) -o} ^ rt2 ; X0~Be6%70oB(R)xoG k"a n"W -1$7'2 o 2 " + bK`˯ v'B-7sp?$ )} s-U( T`:IaD"M+ %i n 0:* Ԩh8R Ex`D#pWQ%mm3XķN<{1 ܋ Y -$ :,
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- with multiple allotments in the same community, an applicant can click on the ``Info'' hyperlinks in the results page to determine which Short Form is applicable to which applicant. See 47 C.F.R. 74.786(d). Id. Id. Id. Id. Id. Applicants are reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act will be enforced. 47 C.F.R. 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id. See 47 C.F.R. 73.5006. Id. Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington,
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- for that community of license. In the few instances with multiple allotments in the same community, an applicant can click on the ``Info'' hyperlinks in the results page to determine which Short Form is applicable to which applicant. Applicants also are reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act will be enforced. 47 C.F.R. 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). 47 C.F.R. 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information,
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- dismisses an application filed by Choudhury Group, Inc. on August 9, 2006 for an International Section 214 Authorization to provide facilities-based and resale services in accordance with Sections 63.18(e)(1) and 63.18(e)(2) of the Commission's rules. We dismiss this application without prejudice to refiling because of Choudhury Group, Inc.'s failure to pay its delinquent debts to the Commission. Pursuant to Section 1.1910(a)(1) of the Commission's rules, the Commission examines each application to determine whether the applicant is delinquent in any non-tax debt owed to the Commission. On September 26, 2006, the Commission notified Choudhury Group, Inc. that it was delinquent on the payment of debts owed to the Commission. The letter stated that if full payment or satisfactory arrangement to pay the
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- letter dismisses without prejudice an application filed by Teledata Solutions, Inc. d/b/a TSI (TSI) on April 24, 2006 for an International Section 214 Authorization to provide facilities-based and resale services in accordance with Sections 63.18(e)(1) and 63.18(e)(2) of the Commission's rules. We dismiss this application because of TSI's failure to pay its delinquent debts to the Commission. Pursuant to Section 1.1910(a)(1) of the Commission's rules, the Commission examines each application to determine whether the applicant is delinquent in any non-tax debt owed to the Commission. On April 7, 2006, the Commission notified TSI that it was delinquent on the payment of debts owed to the Commission. The letter stated that if full payment or satisfactory arrangement to pay the delinquent debt
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- dismisses an application filed by Datora Americas, LLC on July 21, 2005 for an International Section 214 Authorization to provide facilities-based and resale services in accordance with Sections 63.18(e)(1) and 63.18(e)(2) of the Commission's rules. We dismiss this application without prejudice to refiling because of Datora Americas, LLC's failure to pay its delinquent debts to the Commission. Pursuant to Section 1.1910(a)(1) of the Commission's rules, the Commission examines each application to determine whether the applicant is delinquent in any non-tax debt owed to the Commission. On January 18, 2007, the Commission notified Datora Americas, LLC that it was delinquent on the payment of debts owed to the Commission. The letter stated that if full payment or satisfactory arrangement to pay the
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- dismisses an application filed by CallCenter ASP, Inc. on July 15, 2005 for an International Section 214 Authorization to provide facilities-based and resale services in accordance with Sections 63.18(e)(1) and 63.18(e)(2) of the Commission's rules. We dismiss this application without prejudice to refiling because of CallCenter ASP, Inc.'s failure to pay its delinquent debts to the Commission. Pursuant to Section 1.1910(a)(1) of the Commission's rules, the Commission examines each application to determine whether the applicant is delinquent in any non-tax debt owed to the Commission. On January 18, 2007, the Commission notified CallCenter ASP, Inc. that it was delinquent on the payment of debts owed to the Commission. The letter stated that if full payment or satisfactory arrangement to pay the
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- has either previously been in default on a Commission license or delinquent on non-tax debt owed to a Federal agency (see 47 C.F.R. 1.2106(a)), or has submitted an upfront payment that exceeds the total amount of bidding units associated with the licenses it selected on its FCC Form 175 application. See 47 C.F.R. 1.2106(a). See 47 C.F.R. 1.1910. See Auction No. 71 Comment Public Notice at 4. See id. at 4. See id. at 4. See Auction No. 66 Procedures Public Notice at 140-157; see also Auction No. 66 Comment Public Notice at 6-7. See Auction No. 66 Comment Public Notice, 21 FCC Rcd at 799-800. See 47 C.F.R. 1.2105(c)(1). As discussed at greater length elsewhere
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- Petition for Reconsideration challenging an April 14, 2006 decision dismissing Interstate's application for renewal of its C-Band Fixed Earth Station license in Baton Rouge, Louisiana, pursuant to the Commission's ``Red-Light Rule.'' II. BACKGROUND 2. On February 7, 2006, Interstate filed a renewal application for a C-Band Fixed Earth Station license in Baton Rouge, Louisiana (Call Sign: E7107). Pursuant to Section 1.1910 of the Commission's rules, Interstate's application was examined to determine whether the applicant was delinquent in any non-tax debt owed to the Commission. The purpose of this review is to determine if the applicant is precluded from obtaining any benefits from the Commission as required by the Debt Collection Improvement Act of 1996 (DCIA). The DCIA and the Commission's implementing
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- action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the applicant, such applications or requests will be dismissed. 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). 47 C.F.R. 54.711(a). Matter of Federal-State Board on Universal Service, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 24952, 25791, 34 (2002). See Letter from P.J.
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- expiration of the associated permit. It is imperative that an applicant submitting a major modification of construction permit application have an alternate plan to complete station construction prior to the construction permit deadline. Applications filed in the window will be subject to the Commission's ``Red Light Rule'' implementing the Debt Collection Improvement Act will be enforced. See 47 C.F.R. 1.1910. Under this Rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 gd Q T Z h j n o
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- Commission. On September 18,2007, the Commission notified Teleplus Wireless, Corp. that it was delinquent on the payment of debts owed to the Commission.2 The e-mail stated that if full payment or satisfactory arrangement to pay the delinquent debt was not made within 30 days of the date of the e-mail, Teleplus Wirelss, Corp.'s application would be dismissed pursuant to Section 1.1910(b)(3) of the rules.3 The Commission has not received payment of the debt identified in the e-mail, nor has Teleplus Wireless, Corp. made other satisfactory payment arrangements with the Commission. 47 C.F.R. 4 l.l910(a)(l). See Amendment of Parts 0 and 1 of the Commission's Rules -Implementation of the I Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications
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- for that community of license. In the few instances with multiple allotments in the same community, an applicant can click on the ``Info'' hyperlinks in the results page to determine which Short Form is applicable to which applicant. Applicants also are reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act will be enforced. 47 C.F.R. 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). 47 C.F.R. 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information,
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- LLC for Renewal of Licenses for PCS Stations KNLH651 and KNLH653 ) ) ) ) ) ) ) ) ) ) File No. 0001941306 File Nos. 0002985320, 0002985315 MEMORANDUM OPINION AND ORDER Adopted: June 9, 2008 Released: June 9, 2008 By the Managing Director and Deputy Chief, Wireless Telecommunications Bureau: We have under consideration a request for waiver of section 1.1910 of the Commission's rules (the ``Red Light Rule'') in connection with the above-referenced application (``Application'') proposing the assignment of Personal Communications Services (``PCS'') licenses KNLH651 and KNLH653 (the ``Licenses'') from Northstar Technology, LLC (``Northstar'') to Banana Communications, LLC (``Banana''). At issue is debt owed by Northstar to the Commission. For the reasons set forth below, we grant the Waiver Request
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- how much to bid for any particular construction permit or license. We therefore emphasize that we do not consider Advance's allegations of third-party mistake to be a justification for a waiver of the bid withdrawal payment rule.'' Id. at 18,852 11. Id. Pub.L. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996). See 31 U.S.C. 3717; 47 C.F.R. 1.1910. In 2004, the Commission adopted rules implementing the requirements of the DCIA. See Amendment of Parts 0 and 1 of the Commission's Rules - Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, 19 FCC Rcd 6540 (2004); 47 C.F.R. Part 1, Subpart O. The Commission's rules
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- 47 C.F.R. 73.3522, 73.3572. 47 C.F.R. 1.2104(g), 1.2107(c). 47 C.F.R. 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G: Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. 1.2107(d). 47 C.F.R. 1.2110(j). 47 C.F.R. 1.2112(a). 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 73.5006. 47 C.F.R. 73.5006. Id. Id. See ``Commission Taking Tough Measures Against Frivolous Pleadings,'' Public Notice, 11 FCC Rcd 3030 (1996). See 47 C.F.R. 1.2108(d), 1.2109(a). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules
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- submissions and to return a confirmation receipt to the service provider after an application and/or form has been accepted by the NANP Administration System for processing. NANPA is responsible for ensuring the availability of these interfaces. Interface With the FCC This interface shall be used to obtain the information necessary to conform to the FCC rule found at 47 C.F.R. 1.1910 and commonly referred to as the ``red light rule.'' This rule provides that anyone filing an application or seeking a benefit from the Commission or one of its components (including the Universal Service Administrative Corporation, the Telecommunications Relay Service, or the North American Numbering Plan Administrator) who is delinquent in debts owed to the Commission will be barred from receiving
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- C.F.R. 1.80. See 47 C.F.R. 0.283. See 47 C.F.R. 73.3539. See 47 U.S.C. 301. 47 C.F.R. 73.3539(a). Letter to James Rouse, Ref. 1800B3-DW (Chief, Audio Division, Media Bureau, Mar. 2, 2004). File No. BR-20040401ANS. On January 28, 2005, the Media Bureau (the ``Bureau'') dismissed this application due to ``Red Light'' matters. See 47 C.F.R. 1.1910. See File No. BLSTA-20040329ANP (the ``STA Request''). Letter to James Rouse, Ref. 1800B3-PAD (Chief, Audio Division, Media Bureau, Apr. 2, 2004). See captioned application, Exhibit 6. See File No. BLSTA-20070925ALG (the ``Second STA Request''); see also Letter to Coe W. Ramsey, Esq., Ref. 1800B3 (Chief, Audio Division, Media Bureau, Sep. 27, 2007). See File No. BELSTA-20080325ADI. See captioned renewal application,
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- 1.80. See 47 C.F.R. 0.283. See 47 C.F.R. 73.3539. See 47 U.S.C. 301. 47 C.F.R. 73.3539(a). Letter to The Minority Voice, Inc., Ref. 1800B3-DW (Chief, Audio Division, Media Bureau, Mar. 2, 2004). File No. BR-20040331AQP. On January 28, 2005, the Media Bureau (the ``Bureau'') dismissed this application due to ``Red Light'' matters. See 47 C.F.R. 1.1910. See File No. BLSTA-20040329ANO (the ``STA Request''). Letter to The Minority Voice, Inc., Ref. 1800B3-PAD (Chief, Audio Division, Media Bureau, Apr. 2, 2004). See File No. BLSTA-20051128AVK (the ``Second STA Request''). See Letter to M'bulu K. Rouse, Ref. 1800B3 (Chief, Audio Division, Media Bureau, Dec. 7, 2005). See captioned application, Exhibit 6. See File No. BLSTA-20070925AIO (the ``Third STA Request'').
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- seek Commission consent to assign the Licenses back to Banana. Banana further claims that Northstar failed to make those payments, and on November 17, 2004, Northstar and Banana filed the Assignment Application that is the subject of this proceeding. On November 18, 2004, one day later, OMD issued Northstar a Notice of Withholding of Action (Withholding Notice) pursuant to Section 1.1910 of the Commission's Rules (Red Light Rule). The Withholding Notice informed Northstar that it was delinquent on debt owed to the Commission in the amount of $954,105.91 as a result of Northstar's default on installment payments for Station KNLF370, a C Block Broadband PCS license authorized in the Corbin, Kentucky market (BTA098) that Northstar acquired in 2001, from Third Kentucky
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- accepted on March29, 2003, Public Notice, Report No.1461 at1 (Apr.2, 2003). 15FCC File No.0001941306, Description of Transaction. 5528 Federal Communications Commission DA 09-1061 payments,16and on November17, 2004, Northstar and Banana filed the Assignment Application that is the subject of this proceeding. On November18, 2004, one day later, OMD issued Northstar a Notice of Withholding of Action (Withholding Notice) pursuant to Section1.1910 of the Commission's Rules (Red Light Rule).17The Withholding Notice informed Northstar that it was delinquent on debt owed to the Commission in the amount of $954,105.91 as aresult of Northstar's default on installment payments for Station KNLF370, a CBlock Broadband PCS license authorized in the Corbin, Kentucky market (BTA098) that Northstar acquired in 2001, from Third Kentucky Cellular.18The Withholding Notice
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- anynon-tax debts owed to the Commission (including regulatoryfees) and will ultimatelydismiss those applications or other requests if payment of the delinquent debt or other satisfactoryarrangement for payment is not made.6Failure to payregulatoryfees can also result in the initiation of a proceeding to revoke any and all authorizations held by the entity responsible for paying the delinquent fee(s). 5See47 C.F.R. 1.1910. 6See47 C.F.R. 1.1161(c), 1.1164(f)(5), and 1.1910. Page 5of 5 Related Documents and Links Report and Order and Further Notice of Proposed Rulemaking, FCC 08-182, 73 Fed. Reg. 50201 (Aug. 26, 2008); http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-182A1.pdf Second Report and Order, FCC 09-21, 74 Fed. Reg. 22104 (May12, 2009); http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-21A1.pdf The following Public Notices and Fact Sheets are available at http://www.fcc.gov/fees/regfees.html: Public Notice: Payment
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- to construct for licenses that had expired, WTB returned the applications and asked the licensees to file renewal applications with waiver requests. On October 17, 1996, you filed a timely request for extension of time to construct Station WMX233. On February 3, 2003, you filed the Renewal Application. On March 26, 2005, the Renewal Application was dismissed pursuant to Section 1.1910(b) of the Commission's Rules for your failure to make a payment on a delinquent debt. On May 24, 2005, the Extension Application was dismissed for the same reason. On December 10, 2007, pursuant to a petition for reconsideration you filed, both applications were reinstated. You argue that a waiver is justified because the former Mass Media Bureau would not have
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- 5Waiver Request. 6Radio Services Transferred from Mass Media Bureau to Wireless Telecommunications Bureau, Public Notice, DA 02-638 (WTB Mar. 18, 2002). 8144 Blake Twedt On October 17, 1996, you filed a timely request for extension of time to construct Station WMX233.7On February 3, 2003, you filed the Renewal Application.8On March 26, 2005, the Renewal Application was dismissed pursuant to Section 1.1910(b) of the Commission's Rules9for your failure to make a payment on a delinquent debt.10On May 24, 2005, the Extension Application was dismissed for the same reason.11On December 10, 2007, pursuant to a petition for reconsideration you filed, both applications were reinstated. You argue that a waiver is justified because the former Mass Media Bureau would not have accepted a renewal
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- 25 percent of the outstanding stock or partnership interests; or (iii) more than 50 percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded company. See 47 C.F.R. 73.5008 (c). See FCC Form 301 - Section II-Legal, Item 4 (d) for ``eligible entity'' exhibit requirements. 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006. 47 C.F.R. 73.5006. 47 C.F.R. 73.5006(c). Id. See ``Commission Taking Tough Measures Against Frivolous Pleadings,'' Public Notice, 11 FCC Rcd 3030 (1996). See 47 C.F.R. 1.2108(d), 1.2109(a). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1
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- controls more than 25 percent of the outstanding stock or partnership interests; or (iii) more than 50 percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded company. 38See47 C.F.R. 73.5008 (c). 39SeeFCC Form 301 -Section II-Legal, Item 4 (d) for "eligible entity" exhibit requirements. 4047 C.F.R. 1.1910. 41Id.; see also47 C.F.R. 1.2109(c) (post-auction defaults). 42See47 C.F.R. 1.65. 4347 C.F.R. 1.2108(b), 73.5006. 4447 C.F.R. 73.5006. 4547 C.F.R. 73.5006(c). 46Id. 47See"Commission Taking Tough Measures Against Frivolous Pleadings," Public Notice, 11 FCC Rcd 3030 (1996). 11910 36.After the long-form review process, if the Commission determines that an applicant is otherwise qualified, that there are no
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- the People's Republic of China through its indirect, controlling ownership interest in China Unicom HK. China Unicom International Limited Grant of Authority FROM: Current Licensee: China Unicom (Hong Kong) Limited China Unicom (Americas) Operations Limited Transfer of Control China Unicom (Americas) Operations Limited Dismissal ITC-214-20090505-00195 D.G.A. Telecom, Inc. Application hereby dismissed by Chief, Policy Division, International Bureau, pursuant to sections 1.1910(b)(3), 0.261(a)(3) and 63.51(b) of the Commission's rules, 47 CFR 1.1910(b)(3), 47 CFR 0.261(a)(3) and 47 CFR 63.51(b), for failure to pay its delinquent debt to the Commission. This dismissal is without prejudice to re-filing the application upon payment of the debt and in accordance with the Commission's rules. ITC-T/C-20090408-00153 NexUSTel, LLC By letter filed August 24, 2009, Applicant notified the
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- the People's Republic of China through its indirect, controlling ownership interest in China Unicom HK. China Unicom International Limited Grant of Authority FROM: Current Licensee: China Unicom (Hong Kong) Limited China Unicom (Americas) Operations Limited Transfer of Control China Unicom (Americas) Operations Limited Dismissal ITC-214-20090505-00195 D.G.A. Telecom, Inc. Application hereby dismissed by Chief, Policy Division, International Bureau, pursuant to sections 1.1910(b)(3), 0.261(a)(3) and 63.51(b) of the Commission's rules, 47 CFR 1.1910(b)(3), 47 CFR 0.261(a)(3) and 47 CFR 63.51(b), for failure to pay its delinquent debt to the Commission. This dismissal is without prejudice to re-filing the application upon payment of the debt and in accordance with the Commission's rules. ITC-T/C-20090408-00153 NexUSTel, LLC By letter filed August 24, 2009, Applicant notified the
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- Rcd 19600 (MB 2003). In response, 129 petitioners sought to reserve 91 vacant FM allotments. The reserved FM channels listed in Attachment A ensued from these case-by-case Commission allotment decisions. See 47 C.F.R. 73.7000. . Applications filed in the window will be subject to the Commission's ``Red Light Rule'' implementing the Debt Collection Improvement Act. See 47 C.F.R. 1.1910. Under this Rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. 47 C.F. R. 73.7000 - 73.7005. See 47 C.F.R. 73.7003(e). Id. See supra notes 1 and 2. See NCE Second Report and Order, 18 FCC Rcd at 6705 (``Reserved allotments will be conditioned
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- Commission's rules, which provides that a license ``automatically terminates, without specific Commission action, if service is permanently discontinued,'' and includes an associated request for a six-month period to construct facilities sufficient to satisfy the five-year construction requirement set forth in section 24.203(b) of the Commission's rules. In addition, the Assignment Application and the Renewal Applications request a waiver of section 1.1910 of the Commission's rules (the ``Red Light Rule''). No oppositions to the requested relief were filed. At issue is debt owed by Northstar to the Commission. For the reasons set forth below, we grant the Assignment Application Waiver Request and Northstar Renewal Waiver Request, grant the Renewal Applications, and consent to the Assignment Application. BACKGROUND Northstar currently holds two PCS
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- of the Commission's rules, which provides that a license "automatically terminates, without specific Commission action, if service is permanently discontinued,"3 and includes an associated request for a six-month period to construct facilities sufficient to satisfy the five-year construction requirement set forth in section 24.203(b) of the Commission's rules.4In addition, the Assignment Application and the Renewal Applications request a waiver5of section 1.1910 of the Commission's rules (the "Red Light Rule").6No oppositions to the requested relief were filed. At issue is debt owed by Northstar to the Commission. For the reasons set forth below, we grant the Assignment Application Waiver Request and Northstar Renewal Waiver Request, grant the Renewal Applications, and consent to the Assignment Application. 1Application of Northstar Technology, LLC and Bellevue
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- 47 U.S.C. 309(d)(1). George J. Wade, Letter (MB Apr. 20, 2007). See Amendment of Parts 0 and 1 of the Commission's Rules - Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, Report and Order, 19 FCC Rcd 6540 (2004). See also 47 C.F.R. 0.283, 1.1910(b)(3). 47 U.S.C. 303(q). See 47 C.F.R. 17.1, et seq., and 73.1213. See also Report and Order in MM Docket 95-5, 11 FCC Rcd 4272 (1996). Federal Communications Commission Washington, D.C. 20554 November 18, 2009 &`#$ %PNG ` ` b``D 4 &)@-@@7 H >O p j 2=k "_ - J, NtRb 7PUZS 'wpˈ jPT{.|87w]gyAҨ-=T#O> #W pU^S t''TxNtl ۦX6`T{:r
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- 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II - Legal Information, paragraph B. Item 2: Parties to the Application; Instructions for Form 349, Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station, Instructions for Section II - Legal Information, paragraph J. Item 11: Auction Authorization. 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006 47 C.F.R. 73.5006. 47 C.F.R. 73.5006(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). See 47 C.F.R. 1.2108(d), 1.2109(a). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of
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- for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II Legal Information, paragraph B. Item 2: Parties to the Application; Instructions for Form 349, Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station, Instructions for Section II Legal Information, paragraph J. Item 11: Auction Authorization. 4447 C.F.R. 1.1910. 45Id.; see also47 C.F.R. 1.2109(c) (post-auction defaults). 46See47 C.F.R. 1.65. 4747 C.F.R. 1.2108(b), 73.5006 4847 C.F.R. 73.5006. 10078 list such applications as "Accepted for Filing." An applicant for an AM or FM station may file an opposition to any petition to deny within five days of the filing deadline for petitions to deny and an applicant
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- date may change slightly, based on the progress of the conversion. Although the Commission will continue to act upon routine applications, as well as emergency and expedited applications, during the conversion period, Commission staff may be unable to confirm recent changes and/or payments made to accounts. We remind applicants that, pursuant to the Commission's rules set forth at 47 CFR 1.1910(b)(2), "any Commission action taken prior to the payment of delinquent non-tax debt owed to the Commission is contingent and subject to rescission." Should it be necessary to submit an application or filing, or remit payment during the conversion period, applicants are strongly urged to make such filings or payments via Fee Filer either as an on-line credit card transaction or
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- Nancy Knight-Strickland, Ref. 1800B3 (Chief, Audio Division, Media Bureau, April 20, 2004). See Amendment of Parts 0 and 1 of the Commission's Rules - Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, Report and Order, 19 FCC Rcd 6540 (2004). See also 47 C.F.R. 0.283, 1.1910(b)(3). Letter to Southern Broadcasting & Investments Co., Inc., Ref. 1800B3-KAW (Chief, Audio Division, Media Bureau, May 24, 2010). See, e.g, Hemmingford Media, Inc., Forfeiture Order, 14 FCC Rcd 2940, 2941-2 (CIB 1999) (responsibility for complying with terms of station license ``rests solely and exclusively with the licensee'') (citing Empire Broadcasting Corp., Memorandum Opinion and Order, 25 FCC 2d 68 (1970)).
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- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. 1.2104(g)(1), Space Data Spectrum Holdings, LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to
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- action.21The United States Treasury will impose an additional administrative collection charge,22and it may also commence administrative offset.23An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment.24Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(1) ofthe Commission's rules, 47 C.F.R. 1.2104(g)(1), Space Data Spectrum Holdings, LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. 13Asnoted at Attachment B, if the 30th day falls
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- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. 1.2104(g)(1), MTPCS License Co., LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to
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- collection action.21The United States Treasury will impose an additional administrative collection charge,22and it may also commence administrative offset.23An additional surcharge may be imposed, if DOJ initiates judicial actionto recover judgment.24Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. 1.2104(g)(1), MTPCS License Co., LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. ITIS FURTHER ORDERED that, pursuant to sections 1.2104
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- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. 1.2104(g)(1), American Samoa Telecommunications Authority is ASSESSED a final bid withdrawal payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant
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- collection action.21TheUnited States Treasury will impose an additional administrative collection charge,22and it may also commence administrative offset.23An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment.24Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. 13As noted at Attachment B, if the 30th day falls on a non-business day, payment must be received on the next business day. 1431 U.S.C. 3717(e)(1); 47 C.F.R. 1.1940(c). 1531 U.S.C. 3717(b); 47 C.F.R. 1.1940(b). 1631 U.S.C. 3717(e); 47 C.F.R. 1.1940(d). 1747 C.F.R. 1.1940(b). 1831 U.S.C. 3717(e)(2); 47 C.F.R. 1.1940(d). 1931
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- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. The Order establishing TPS' default payment obligation is final, so this Demand for Payment does not establish additional grounds to request review or reconsideration of TPS' default payment obligation. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the
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- action.20The United States Treasury will impose an additional administrative collection charge,21and it may also commence administrative offset.22An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment.23Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. The Orderestablishing TPS' default payment obligation is final,24so this Demand for Payment does not establish additional grounds to request review or reconsideration of TPS' default payment obligation. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47
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- {\footnote \ltrpar \pard\plain \ltrpar \s22\ql \li0\ri0\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\rin0\l in0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs24\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 28 U.S.C. \'a7 3011. \par }}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission\rquote s red light procedures at 47 C.F.R. \'a7 1.1910. \par \par The }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \i\fs22 Orders}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 establishing Metro-Trak\rquote s default payments are final,}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs24\fs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s22\ql \li0\ri0\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\rin0\l in0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs24\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i Minneapolis-St. Paul, MN-WI-IA Order, supra; Sacramento-Yolo, CA Order, supra; see }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7\'a7
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- United States Treasury will impose an additional administrative collection charge, 21and it may also commence administrative offset.22An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment.23Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. The Ordersestablishing Metro-Trak's default payments are final,24so this Demand for Payment does not establish additional grounds to request review or reconsideration of Metro-Trak's default payment obligation. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R.
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- BR-20040326ACP. (the ``2004 Application''). James K. Sharp, Letter (MB Apr. 20, 2007). See Amendment of Parts 0 and 1 of the Commission's Rules - Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, Report and Order, 19 FCC Rcd 6540 (2004). See also 47 C.F.R. 0.283, 1.1910(b)(3). Because the 2004 Application was filed prior to the expiration of the Station's license, no STA to continue station operations was necessary during the period when that application was pending before the Commission. See, e.g, Hemmingford Media, Inc., Forfeiture Order, 14 FCC Rcd 2940, 2941-2 (CIB 1999) (responsibility for complying with terms of station license ``rests solely and exclusively with
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- Licensees for FY 2009" (Sept. 2009) Regulatory Fees Fact Sheet, "FCC Look-Up Website Available for Media Services Licensees Owing FY 2009 Regulatory Fees" (Sept. 2009) Regulatory Fees Fact Sheet, "Use of the FCC Registration Number (FRN) is Mandatory" (Aug. 2008) Regulatory Fees Fact Sheet, "Waivers, Reductions and Deferments of Regulatory Fees" (Sept. 2009) (for FY 2009) 6 See47 C.F.R. 1.1910. 7 See47 C.F.R. 1.1161(c), 1.1164(f)(5), 1.1910. Page 5of 5 Regulatory Fees Fact Sheet, "Regulatory Fee Exemptions" (Sept. 2009) AM & FM Radio Fees Listing Listing of FY 2009 Regulatory Fees by Call Sign and Facility ID Number Licensees can also contact the Commission's Financial Operations Help Desk regarding regulatory fees, at (877) 480-3201, Option 4, or e-mail inquiries to
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- AWCC continues to be, wholly-owned subsidiaries of Atlantic Tele-Network, Inc. Adams Divestiture Company LLC Grant of Authority FROM: Current Licensee: Allied Wireless Communications Corporation Adams Divestiture Company LLC Assignment Allied Wireless Communications Corporation Page 4 of 7 Dismissal ITC-214-20090922-00420 OMNIAT International Telecom, LLC Application hereby dismissed by the Chief, Policy Division, International Bureau on May 19, 2010, pursuant to section 1.1910(a)(1) of the Commission's rules, 47 CFR 1.1910(a)(1), for failure to pay its delinquent debt to the Commission. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. SURRENDER ITC-214-19990413-00244 Zayo Bandwidth, LLC By letter filed March 31, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20020115-00011 Latin American Nautilus
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- LLC was, and AWCC continues to be, wholly-owned subsidiaries of Atlantic Tele-Network, Inc. Adams Divestiture Company LLC Grant of Authority FROM: Current Licensee: Allied Wireless Communications Corporation Adams Divestiture Company LLC Assignment Allied Wireless Communications Corporation 5594 Dismissal ITC-214-20090922-00420 OMNIAT International Telecom, LLC Application hereby dismissed by the Chief, Policy Division, International Bureau on May 19, 2010, pursuant to section 1.1910(a)(1) of the Commission's rules, 47 CFR 1.1910(a)(1), for failure to pay its delinquent debt to the Commission. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. SURRENDER ITC-214-19990413-00244 Zayo Bandwidth, LLC By letter filed March 31, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20020115-00011 Latin American Nautilus
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- Decision''). File No. BLSTA-20110426AAX (the ``Silent STA Request''). File No. BSTA-20110616AAQ (the ``Technical STA Request''). 47 U.S.C. 309(k), 503(b); 47 C.F.R. 1.80. See 47 C.F.R. 0.283. See 47 C.F.R. 73.3539. See 47 U.S.C. 301. 47 C.F.R. 73.3539(a). File No. BR-20040217ACP. See Broadcast Actions, Public Notice, Report No. 45917 (rel. Feb. 8, 2005). Under Section 1.1910 of the Rules, ``Action will be withheld on applications . . . by any entity found to be delinquent in its debt to the Commission . . . ,'' and the application or request for authorization will be dismissed ``if a delinquency has not been paid or the debtor has not made other satisfactory arrangements within 30 days'' of notice
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- ``transportation payment and audit policy,'' it cross-references to 41 C.F.R. Part 102-118. Section 1.1902(b), which pertains to claims arising out of acquisition contracts subject to the Federal Acquisition Regulation, is amended to replace obsolete citations to 41 U.S.C. 605, 605(a) with citations to 41 U.S.C. 7103. This revision is necessary to reflect the re-codification of Title 41. Section 1.1910(b)(2), which pertains to the handling of applications submitted by certain debtors, is amended to correct an erroneous reference in the first sentence by changing ``1.1901(j)'' to ``1.1901(i).'' The first sentence of section 1.1910(b)(2) refers to delinquent debts, and the corrected reference defines the term ``delinquent.'' This section is further amended to correct two typographical errors. Section 1.1910(c)(2) is amended to
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- COMMISSION Peter H. Doyle Chief, Audio Division Media Bureau 47 C.F.R. 73.3539; 47 U.S.C. 301. R&M Broadcasting Company, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 26 FCC Rcd 10336 (MB 2011). See 47 C.F.R. 73.1020, 73.3539(a). File No. BR-20040217ACP. See Broadcast Actions, Public Notice, Report No. 45917 (rel. Feb. 8, 2005). Under Section 1.1910 of the Rules, ``Action will be withheld on applications . . . by any entity found to be delinquent in its debt to the Commission . . .,'' and the application or request for authorization will be dismissed ``if a delinquency has not been paid or the debtor has not made other satisfactory arrangements within 30 days'' of notice of
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- renewal application on April 3, 2008. See 47 C.F.R. 73.1020, 73.3539(a). Letter to James Rouse, Ref. 1800B3-DW (Chief, Audio Division, Media Bureau, Mar. 2, 2004). File No. BR-20040401ANS. On January 28, 2005, the Media Bureau dismissed this application due to the application's ``Red Light'' status as determined by the Commission's Office of the Managing Director. See 47 C.F.R. 1.1910. See File No. BLSTA-20040329ANP. Letter to James Rouse, Ref. 1800B3-PAD (Chief, Audio Division, Media Bureau, Apr. 2, 2004). See captioned application, Exhibit 6. See File No. BLSTA-20070925ALG; see also Letter to Coe W. Ramsey, Esq., Ref. 1800B3 (Chief, Audio Division, Media Bureau, Sep. 27, 2007). See File No. BELSTA-20080325ADI. This STA request was dismissed as moot when the license renewal
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- on April 3, 2008. See 47 C.F.R. 73.1020, 73.3539(a). Letter to The Minority Voice, Inc., Ref. 1800B3-DW (Chief, Audio Division, Media Bureau, Mar. 2, 2004). File No. BR-20040331AQP. On January 28, 2005, the Media Bureau dismissed this application due to the application's ``Red Light'' status as determined by the Commission's Office of the Managing Director. See 47 C.F.R. 1.1910. See File No. BLSTA-20040329ANO. See Letter to The Minority Voice, Inc., Ref. 1800B3-PAD (Chief, Audio Division, Media Bureau, Apr. 2, 2004). See File No. BLSTA-20051128AVK. See Letter to M'bulu K. Rouse, Ref. 1800B3 (Chief, Audio Division, Media Bureau, Dec. 7, 2005). See captioned application, Exhibit 6. See File No. BLSTA-20070925AIO. See Letter to Coe W. Ramsey, Esq., Ref. 1800B3 (Chief,
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- such corporation is a publicly traded company. See 47 C.F.R. 73.5008(c). See FCC Form 301 - Section II-Legal, Item 4(d): Auction Authorization for ``eligible entity'' exhibit requirements. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II - Legal Information, paragraph B. Item 2: Parties to the Application. 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006(b). 47 C.F.R. 73.5006. 47 C.F.R. 73.5006(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). Media Bureau staff may determine, for example, that a winning bidder is not entitled to
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- own the media outlet if such corporation is a publicly traded company. 37See47 C.F.R. 73.5008(c). 38SeeFCC Form 301 -Section II-Legal, Item 4(d): Auction Authorization for "eligible entity" exhibit requirements. See alsoInstructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II Legal Information, paragraph B. Item 2: Parties to the Application. 3947 C.F.R. 1.1910. 40Id.; see also47 C.F.R. 1.2109(c) (post-auction defaults). 41See47 C.F.R. 1.65. 1922 I. Application Processing, Petitions to Deny and Construction Permit Grant 30.After its initial review of the long-form applications, the Media Bureau will issue a public notice listing the applications that are acceptable for filing. Pursuant to sections 1.2108(b) and 73.5006 of the Commission's rules,42interested parties will have
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- 218. 26 See 47 C.F.R. 42.1. 27 In addition, pursuant to the Debt Collection Improvement Act of 1996, the Commission shall withhold action on applications or other requests for benefits by delinquent debtors and dismiss those applications or other requests if the delinquent debt is not paid or satisfactory arrangement for payment is not made. See 47 C.F.R. 1.1910; (continued . . .) 2011 Instructions to the Telecommunications Reporting Worksheet, Form 499-A Instructions - Page 9 interest and administrative costs that are caused by late, inaccurate, or untruthful filing of the Worksheet or overdue contributions.28 Inaccurate or untruthful information contained in the Worksheet may lead to prosecution under the criminal provisions of Title 18 of the United States Code.29
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- such corporation is a publicly traded company. See 47 C.F.R. 73.5008(c). See FCC Form 301 - Section II-Legal, Item 4(d): Auction Authorization for ``eligible entity'' exhibit requirements. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II - Legal Information, paragraph B. Item 2: Parties to the Application. 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006(b). 47 C.F.R. 73.5006. 47 C.F.R. 73.5006(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). Commission staff may determine, for example, that a winning bidder is not entitled to the
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- to use its authority fully to deter the filing of frivolous pleadings.47 38See47 C.F.R. 73.5008(c). 39SeeFCC Form 301 -Section II-Legal, Item 4(d): Auction Authorization for "eligible entity" exhibit requirements. See alsoInstructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II Legal Information, paragraph B. Item 2: Parties to the Application. 4047 C.F.R. 1.1910. 41Id.; see also47 C.F.R. 1.2109(c) (post-auction defaults). 42See47 C.F.R. 1.65. 4347 C.F.R. 1.2108(b), 73.5006(b). 4447 C.F.R. 73.5006. 4547 C.F.R. 73.5006(c). 46Id. 47SeeCommission Taking Tough Measures Against Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). 7548 34.After the long-form application review process, if the Commission determinesthat additional payment from an applicant is due,
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- anynon-tax debts owed to the Commission (including regulatoryfees) and will ultimatelydismiss those applications or other requests if payment of the delinquent debt or other satisfactoryarrangement for payment is not made.6Failure to payregulatoryfees can also result in the initiation of a proceeding to revoke any and all authorizations held by the entity responsible for paying the delinquent fee(s). 5See47 C.F.R. 1.1910. 6See47 C.F.R. 1.1161(c), 1.1164(f)(5), and 1.1910. Page 5of 5 Related Documents and Links The following Public Notices and Fact Sheets are available at http://www.fcc.gov/fees/regfees.html: Public Notice: Payment Methods and Procedures for FY 2010 RegulatoryFees Public Notice: FY 2010 RegulatoryFees Due No Later Than August 31,2010, Eastern Time (ET) Fact Sheet: What You Owe Cable Television Systems-FY 2010 Fact Sheet:
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- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Spectrum Acquisitions, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections
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- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Golden Arrow Paging, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to
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- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Longstreet Communications International, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to
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- administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if the DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date specified in this order is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Mary Vargas is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104
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- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. 1.2104(g)(1), Alltel Corporation is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104
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- action.26The United States Treasury will impose an additional administrative collection charge,27and it may also commence administrative offset.28An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment.29 Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger applicationof the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. 1.2104(g)(1), Alltel Corporationis ASSESSED a final bid withdrawal payment as computed in Attachment A. ITIS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of
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- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. 1.2104(g)(1), East Kentucky Network, LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to
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- action.21The United States Treasury will impose an additional administrative collection charge,22and it may also commence administrative offset.23An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment.24Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. 1.2104(g)(1), East Kentucky Network, LLCis ASSESSED a final bid withdrawal payment as computed in Attachment A. ITIS FURTHER ORDERED that, pursuant to sections 1.2104 and
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- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Tel-Com Wireless Cable TV Corporation is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant
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- action.22The United States Treasury will impose an additional administrative collection charge,23and it may also commence administrative offset.24An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment.25Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Tel-Com Wireless Cable TV Corporation is ASSESSED a final default payment obligation as computed in Attachment A. ITIS FURTHER ORDERED that, pursuantto sections 1.2104 and
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- Making, FCC 07-217, 23 FCC Rcd 5922 (2008). See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15501-02 61. See also Media Bureau Provides Notice of Suspension of Eligible Entity Rule Changes and Guidance on the Assignment of Broadcast Station Construction Permits to Eligible Entities, DA 11-1232, Public Notice, 26 FCC Rcd 10370 (MB 2011). 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006(b). 47 C.F.R. 73.5006. 47 C.F.R. 73.5006(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). Commission staff may determine, for example, that a winning bidder is not entitled to the
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- Rule Making, FCC 07-217, 23 FCC Rcd 5922 (2008). 36See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15501-02 61. See alsoMedia Bureau Provides Notice of Suspension of Eligible Entity Rule Changes and Guidance on the Assignment of Broadcast Station Construction Permits to Eligible Entities, DA 11-1232, Public Notice, 26 FCC Rcd 10370 (MB 2011). 3747 C.F.R. 1.1910. 38Id.; see also47 C.F.R. 1.2109(c) (post-auction defaults). 39See47 C.F.R. 1.65. 4047 C.F.R. 1.2108(b), 73.5006(b). 4147 C.F.R. 73.5006. 4247 C.F.R. 73.5006(c). 4062 to deny a long-form application.43The Commission reminds all parties and their counsel that the Commission intends to use its authority fully to deter the filing of frivolous pleadings.44 30.After the long-form application review process,
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- 47 C.F.R. 54.1004(c). Parties familiar with spectrum license auctions should note that the stricter spectrum license application rules supersede the Commission's Red Light Rules in the context of a spectrum license auction. See 47 C.F.R. 1.1902(f). No corresponding provision applies with respect to Auction 901, however. Accordingly, the Commission's standard Red Light Rules will apply. 47 C.F.R. 1.1910(b)(2). 47 C.F.R. 54.8. 47 C.F.R. 1.21001(d). We reiterate that, even if an applicant's short-form application is dismissed, the applicant would remain subject to the communication prohibitions of 47 C.F.R. 1.2105(c) until the long form application deadline after the auction closes. The Bureaus advise applicants to print and retain a copy of this confirmation page. See 47 C.F.R.
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- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. 1.2104(g)(1), Sheila Callahan and Friends, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant
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- administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed if the DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date specified in this order is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Kankakee Valley Broadcasting Company, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant
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- 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, 2004, by Report and Order (FCC 04-72). Chairman
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- 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 event is open to the public, and seating
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- 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 event is open to the public, and seating
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- claims owed the 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
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- IN DEBT OWED TO THE FCC Effective October 1, 2004, the Federal Communications Commission (FCC) will implement its new rules further implementing the Debt Collection Improvement Act of 1996 (DCIA). The new rules will have an impact on anyone doing business with the FCC who is delinquent in debt owed to the agency. The new rule, found at 47 C.F.R. 1.1910 and commonly referred to as the ``red light rule,'' provides that anyone filing an application or seeking a benefit from the Commission or one of its components (including the Universal Service Administrative Corporation, the Telecommunications Relay Service, or the North American Numbering Plan Administrator) who is delinquent in debts owed to the Commission will be barred from receiving a license
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Release date: October 27, 2004 IMPORTANT REMINDER ABOUT DCIA RED LIGHT RULE IMPLEMENTATION On November 1, 2004, the Federal Communication Commission (Commission) will begin enforcement of its new red light rule, adopted earlier this year to facilitate implementation of the Debt Collection Improvement Act (DCIA). The red light rule, found at 47 C.F.R. 1.1910, provides that anyone seeking a benefit from the Commission or one of its components (including the Universal Service Fund, the Telecommunications Relay Service, or the North American Numbering Plan Administrator) who is delinquent in debt owed to the Commission will be unable to obtain a benefit until there is resolution of that delinquency. Beginning November 1, anyone filing an application
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- rules. ITC-214-20041021-00414 Aztec Telecommunications USA, LLC This application has been removed from streamlined processing pursuant to Section 63.12(c)(4) of the Commission's rules. ITC-214-20041022-00415 UNIFI Communications Inc This application has been removed from streamlined processing pursuant to Section 63.12(c)(4) of the Commission's rules. ITC-ASG-20040818-00410 Network US, Inc. (d/b/a CA Affinity) This application has been removed from streamlined processing pursuant to Section 1.1910 of the Commission's rules, 47 C.F.R. 1.1910 Page 4 of 5 REMINDERS: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. 862. See 47 C.F.R. 1.2001-.2003. A current version of Section 63.09-.24 of the
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- that will assist in identifying the reason the 159B bill has been included in the delinquent debt database. These two new features will enable entities doing business with the FCC more easily to obtain necessary information to identify and resolve any delinquent debts owed to the FCC, and thereby avoid the consequences of the red light rule, 47 C.F.R. 1.1910. The red light rule provides that anyone delinquent in non-tax debts to the Commission who files an application or other request for a benefit will be unable to obtain action from the FCC until the delinquent debts have been paid in full or other satisfactory arrangements have been made. Failure to resolve an outstanding delinquent debt within 30 days of
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- authority to provide service in accordance with Section 63.18(e)(2) of the rules. International Telecommunications Certificate Optivon Telecommunications Services, Inc. INFORMATIVE ITC-T/C-20041119-00460 Infonet Broadband Services Corporation This application has been removed from streamlined processing pursuant to Section 63.12(c)(4) of the Commission's rules, 47 C.F.R. 63.12(c)(4). ITC-T/C-20041123-00467 First Communications, LLC This application has been removed from streamlined processing pursuant to Section 1.1910 of the Commission's rules, 47 C.F.R. 1.1910. Page 2 of 2
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- pursaunt to Section 63.12(c)(4) of the rules. ITC-214-20041201-00469 FUTURELIGHT TELECOMMUNICATIONS, INC. This application has been removed from streamlined processing pursaunt to Section 63.12(c)(4) of the rules. ITC-T/C-20041123-00466 Trinity Communications Ltd. This application has been removed from streamlined processing pursaunt to Section 63.12(c)(4) of the rules. ITC-T/C-20041123-00467 First Communications, LLC This application has been returned to streamlined processing pursuant to Section 1.1910 of the Commission's rules, 47 C.F.R. 1.1910. Page 2 of 2
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- PSEG Nuclear LLC PSEG Services Corporation Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:KB41212 12/29/2004 0001984988 AA AF IG YI Page 32 WIRELESS TELECOMMUNICATIONS BUREAU INSTRUCTIONAL TELEVISION FIXED SERVICE MULTIPOINT DISTRIBUTION SERVICE ACTIONS Report No. 2036 Released: 01/05/2005 Multipoint Distribution Service Applications ACTIONS: DISMISSED 12/28/2004 MD-20040301AAA B043 (100043) WORLDWIDE WIRELESS TRANSFER BINGHAMTON, NY Pursuant to 47 CFR 1.1910(b) your application is dismissed for failure to make payment on a deliquent debt. GRANTED 12/28/2004 MD-20040614AAB WMH641 () DENNIS A PUVALOWSKI ASSIGNMENT BAD AXE, MI GRANTED 12/23/2004 MD-20041101AAA B222 () MAUI SKY FIBER LLC ASSIGNMENT KAHULUI, HI Page 33 * If the purpose of application is Amendment or Withdrawal and the disposition action indicates that a Dismissal occurred, there may
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- action on applications or other requests for benefits by delinquent debtors and ultimately dismiss those applications or other requests if payment of the delinquent debt is not made or other satisfactory arrangement for payment is not made. In addition, we propose to add a generally applicable rule (with some necessary exceptions, as discussed below) to be added as proposed rule 1.1910 as set forth in the appendix to withhold action on applications or other requests for benefits by debtors delinquent in debts other than application or regulatory fees, and to dismiss those applications or other requests if the delinquent debt is not paid or satisfactory arrangement for payment is not made. We invite public comment on all aspects of the proposed
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- we will withhold action on any applications or other requests for benefits filed by anyone who is delinquent in any non-tax debts owed to the Commission (including regulatory fees) and will ultimately dismiss those applications or other requests if payment of the delinquent debt or other satisfactory arrangement for payment is not made. See 47 C.F.R. 1.1161(c), 1.1164(f)(5), and 1.1910. Failure to pay regulatory fees can also result in the initiation of a proceeding to revoke any and all authorizations held by the delinquent payer. PROCEDURAL MATTERS Authority for this proceeding is contained in sections 4(i) and (j), 8, 9, and 303(r) of the Communications Act of 1934, as amended. It is ordered that the rule changes specified herein be
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- 358115 Pittsburgh, PA 15251 - 5115 47 U.S.C. Section 158(b). The increase in the CPI-U between October 2001 (the month used to calculate the last CPI-U adjustment of its Schedule of Application Fees) and October 2003 is 7 percent. See Order in General Docket No. 86-285, FCC 02-202, and released July 12, 2002. 31 U.S.C. 3701(a)(8); 3701(b). 47 C.F.R. 1.1910 (effective October 1, 2004) (...continued from previous page) (continued....) Federal Communications Commission FCC 04-150 Federal Communications Commission FCC 04-150 kdN w \ w w w w \ w w w w \ w w w w \ w w w w \ w w w w \ w w w w \
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- see no significant additional public benefit to justify the creation of another layer of administrative process and the associated administrative costs for all involved. Earlier this year we amended our rules to implement the Debt Collection Improvement Act of 1996, which generally governs the collection of claims owed to the United States. Among other things, we adopted a rule, section 1.1910, providing that the Commission shall withhold action on any application or request for benefits made by an entity that is delinquent in its non-tax debts owed to the Commission, and shall dismiss such applications or requests if the delinquent debt is not resolved. This rule (which we refer to as the ``red light rule'') applies to any application that is
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- will withhold action on applications or other requests for benefits by delinquent debtors and ultimately dismiss those applications or other requests if payment of the delinquent debt is not made or other satisfactory arrangement for payment is not made. In addition, we are adding a generally applicable rule (with some necessary exceptions, as discussed below) to be added as section 1.1910 of our rules as set forth in the appendix to withhold action on applications or other requests for benefits by debtors delinquent in debts other than application or regulatory fees, and to dismiss those applications or other requests if the delinquent debt is not paid or satisfactory arrangement for payment is not made. Under the rules adopted here, the Commission
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- we will withhold action on any applications or other requests for benefits filed by anyone who is delinquent in any non-tax debts owed to the Commission (including regulatory fees) and will ultimately dismiss those applications or other requests if payment of the delinquent debt or other satisfactory arrangement for payment is not made. See 47 CFR 1.1161(c), 1.1164(f)(5), and 1.1910. Failure to pay regulatory fees can also result in the initiation of a proceeding to revoke any and all authorizations held by the delinquent payer. Congressional Review Act Analysis The Commission will send a copy of this Order in MD Docket No. 05-59 and Order on Reconsideration in MD Docket No. 04-73 in a report to be sent to Congress
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- is nonetheless required to contribute to the universal service fund, unless its revenues are considered de minimus. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. InPhonic does not qualify for the de minimus exception. 47 C.F.R. 54.713. 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). InPhonic Inc.'s Response to the Enforcement Bureau's March 2, 2005 Inquiry Regarding Federal Regulatory Fee Payments, EB-05-IH-0158 at 1 (``LOI Response''). InPhonic also provides ``wireless information services and activation'' and ``data services.'' Id.
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- information services, and international activities.'' 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151. See 47 C.F.R. 1.1154, 1.1157(b)(1). 47 C.F.R. 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. 1.1154. See 47 U.S.C. 159(c)(1), (c)(3). 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order
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- information services, and international activities.'' 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151. See 47 C.F.R. 1.1154, 1.1157(b)(1). 47 C.F.R. 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. 1.1154. See 47 U.S.C. 159(c)(1), (c)(3). 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC. The filer identification number is then to be included on all further filings by the company
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- information services, and international activities.'' 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151. See 47 C.F.R. 1.1154, 1.1157(b)(1). 47 C.F.R. 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. 1.1154. See 47 U.S.C. 159(c)(1), (c)(3). 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC, which is then associated with further filings by the company and used to track the carrier's
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- 254(d); 47 C.F.R. 54.706(b). A carrier that does not file may not receive an invoice from USAC, but is nonetheless required to contribute to the universal service fund, unless its revenues are considered de minimus. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. 47 C.F.R. 54.713. 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). OCMC's 2005 FCC Form 499-A Telecommunications Reporting Worksheet. See also Letter from Ann Bernard, OCMC, Inc., General Counsel, to Christopher Shields, Investigations and Hearings Division, Enforcement Bureau, FCC (October 18, 2004) (``LOI Response'').
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- to contribute to the universal service fund, unless its revenues are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. Telecom House has not qualified for the de minimis exception since 2002. 47 C.F.R. 54.713. 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). Response to Data Requests/Request for Documents, EB-04-IH-0656, at 4, dated March 17, 2005 (``March 17, 2005 LOI Response''). See http://www.thouse.com/about.html. See 47 C.F.R. 64.1195(a). See Letter from Hugh Boyle, Chief Auditor, Investigations
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- Lifeline and Link-Up, WC Docket No. 03-109, and Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 05-2484 (WCB rel. Sept. 21, 2005) at para. 3. We emphasize that our waiver of recordkeeping requirements in that Order does not alleviate universal service recipients' responsibility to continue to follow our recordkeeping requirements. See Rawson Letter. 47 C.F.R. 1.1910. See Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, WC Docket No. 05-195, Notice of Proposed Rulemaking and Further Notice of Proposed Rulemaking, 20 FCC Rcd 11308 (2005). See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808, 15835, 80 (2004) (``Schools and Libraries Fifth
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- Telecommunications Reporting Worksheet include tables for carriers to determine their approximate annual contributions based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. 54.708. CSII has not qualified for the de minimis exemption since 2003. 47 C.F.R. 54.713. 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). (last accessed on October 27, 2005). See 47 C.F.R. 64.1195(a). See Letter from Hugh Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, to Communication Services Integrated, Inc., dated March 30, 2004
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- contribute to the universal service fund, unless its revenues are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. Global Teldata qualified for the de minimis exception in 2003 but not thereafter. 47 C.F.R. 54.713. 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). See Letter from Darius B. Withers, Kelly Drye and Warren LLP, Counsel to Global Teldata II, LLC, to Gerald H. Chakerian, Attorney, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, dated November
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- we will withhold action on any applications or other requests for benefits filed by anyone who is delinquent in any non-tax debts owed to the Commission (including regulatory fees) and will ultimately dismiss those applications or other requests if payment of the delinquent debt or other satisfactory arrangement for payment is not made. See 47 CFR 1.1161(c), 1.1164(f)(5), and 1.1910. Failure to pay regulatory fees can also result in the initiation of a proceeding to revoke any and all authorizations held by the delinquent payer. Comment Period and Procedures Pursuant to 47 CFR 1.415, 1.419, interested parties may file comments on or before March 8, 2005, and reply comments on or before March 18, 2005. Comments may be filed using
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- OF THESE FEES. REGULATORY FEE PAYMENT MUST BE RECEIVED AND STAMPED AT THE LOCKBOX BANK BY THE LAST DAY OF THE REGULATORY FEE FILING WINDOW, AND NOT MERELY POSTMARKED BY THE LAST DAY OF THE WINDOW. Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions, including the Commission's Red Light Rule (see 47 C.F.R. 1.1910) and the provisions set forth in the Debt Collection Improvement Act of 1996 (DCIA). We also assess administrative processing charges on delinquent debts to recover additional costs incurred in processing and handling the related debt pursuant to the DCIA and 1.1940(d) of the Commission's Rules. These administrative processing charges will be assessed on any delinquent regulatory fee, in addition to
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- at 19896, 5, note 22. The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. 54.708. LPSI has not qualified for the de minimis exemption since 2004. 47 C.F.R. 54.713. Id. 1.1910. The rule went into effect on November 1, 2004; see FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). See Letter from Bradford M. Berry, counsel for LPSI, to William Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, dated August 26, 2005, at 1 (``Voluntary Disclosure Letter''). See Supplemental
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- Corp., 14 FCC Rcd 3356 (CIB 1999), recon. denied, 15 FCC Rcd 8640 (Enf. Bur. 2002); PJB Communications of Virginia, 7 FCC Rcd 2088 (1992). In this case, the forfeiture represents a smaller percentage of the violator's gross revenues than those issued in the Local Long Distance, Inc. (7.9 percent), and Hoosier Broadcasting Corp. (7.6 percent) cases. 47 C.F.R. 1.1910. 47 U.S.C 504(a). See 47 C.F.R. 1.1914. (continued....) @ E F H h h h hvh h h @ FCC 06-136 Federal Communications Commission FCC 06-136 K (R) o 0 0 , vh
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- Rcd 3954 (2005); QuickLink Telecom, Inc., Order of Forfeiture, 20 FCC Rcd 14464 (2005). Carrera Communications, LP, Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13307 (2005). See Business Options, Inc., Consent Decree, 19 FCC Rcd 2916 (2003); NOS Communications, Inc., Affinity Network Incorporated and NOSVA Limited Partnership, Consent Decree, 2003 WL 22439710 (2003). 47 C.F.R. 1.1910. 47 U.S.C. 503(b). 47 C.F.R. 1.80, See 47 C.F.R. 1.80(f)(3). See 47 C.F.R. 1.1914. Federal Communications Commission FCC 06-186 Federal Communications Commission FCC 06-186 ` J J J J J J ` ` h $ 0 0 ... 4 ... ... D
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1_Erratum.doc
- Rcd 3954 (2005); QuickLink Telecom, Inc., Order of Forfeiture, 20 FCC Rcd 14464 (2005). Carrera Communications, LP, Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13307 (2005). See Business Options, Inc., Consent Decree, 19 FCC Rcd 2916 (2003); NOS Communications, Inc., Affinity Network Incorporated and NOSVA Limited Partnership, Consent Decree, 2003 WL 22439710 (2003). 47 C.F.R. 1.1910. 47 U.S.C. 503(b). 47 C.F.R. 1.80, See 47 C.F.R. 1.80(f)(3). See 47 C.F.R. 1.1914. Federal Communications Commission FCC 06-186 Federal Communications Commission FCC 06-186 ` J J J J J J ` ` h $ 0 0 ... 4 ... ... D
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- OF THESE FEES. REGULATORY FEE PAYMENT MUST BE RECEIVED AND STAMPED AT THE LOCKBOX BANK BY THE LAST DAY OF THE REGULATORY FEE FILING WINDOW, AND NOT MERELY POSTMARKED BY THE LAST DAY OF THE WINDOW. Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions, including the Commission's Red Light Rule (see 47 C.F.R. 1.1910) and the provisions set forth in the Debt Collection Improvement Act of 1996 (``DCIA''). We also assess administrative processing charges on delinquent debts to recover additional costs incurred in processing and handling the related debt pursuant to the DCIA and 1.1940(d) of the Commission's Rules. These administrative processing charges will be assessed on any delinquent regulatory fee, in addition to
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- IV.B.2. ``Reserve Price and Minimum Opening Bids,'' infra. See, e.g., WCTA Comments at 3. See Blooston Coalition Reply Comments at 5 ($0.01); RTG Comments at 6 ($0.02); Wirefree Comments at 1 ($0.25). CAC Comments at 6. Competitive Bidding Second Report and Order, 9 FCC Rcd at 2380 186. Colts Neck Comments at 8-10. 47 C.F.R. 1.2106(a). 47 C.F.R. 1.1910. Auction No. 66 Comment Public Notice at 4. Id. at 4-5. We recommended that the two auctions be run concurrently, rather than sequentially, in order to permit bidders interested in winning licenses in both auctions to coordinate their bidding across auctions, and in order to facilitate the application of the aggregate reserve price. Id. at 5. A bid on a
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- debt to the Treasury Department for lack of payment). The Commission's rules require the Commission to withhold action on applications and other requests for benefits when the entity applying for or seeking benefits is delinquent in non-tax debts owed to the Commission, and to dismiss such applications or other request if the delinquency is not resolved. See 47 C.F.R. 1.1910(b)(3). Also see generally 47 C. F. R. Part 1, Subpart O. 800 MHz Rebanding R&O, 19 FCC Rcd 15051, 151. Id. at 19 FCC Rcd 15052, 15055, 153, 159. Id. See Improving Public Safety Communications in the 800 MHz Band, et al., Supplemental Order and Order on Reconsideration, 19 FCC Rcd. 25120, 2155 70 (2004). While PCSI and
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- of these fees. Regulatory fee payment must be received and stamped at the lockbox bank by the last day of the regulatory fee filing window, and not merely postmarked by the last day of the window. Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions, including the Commission's Red Light Rule (see 47 C.F.R. 1.1910) and the provisions set forth in the Debt Collection Improvement Act of 1996 (``DCIA''). We also assess administrative processing charges on delinquent debts to recover additional costs incurred in processing and handling the related debt pursuant to the DCIA and 47 C.F.R. 1.1940(d) of the Commission's rules. These administrative processing charges will be assessed on any delinquent regulatory fee, in
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- per annum. See http://www.universalservice.org/_res/documents/fund-administration/pdf/P ayment%20Extension%20Plans/PP-Acknowledgement-letter-template-SOL.pdf. See 47 C.F.R. 54.713. 31 U.S.C. 3717. USAC Reply Comments at 12. USAC Comments at 69. USAC Reply Comments at 15. USAC Reply Comments at 17. Delinquent debt owed to the Commission or the USF triggers application of the ``red light rule'' which requires offsets or holds on pending disbursements. 47 C.F.R. 1.1910. In 2004, the Commission adopted rules implementing the requirements of the DCIA. See Amendment of Parts 0 and 1 of the Commission's Rules, MD Docket No. 02-339, Report and Order, 19 FCC Rcd 6540 (2004); 47 C.F.R. Part 1, Subpart O, Collection of Claims Owed the United States. USAC contends that its error rate in red light rule administration was
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- of these fees. Regulatory fee payment must be received and stamped at the lockbox bank by the last day of the regulatory fee filing window, and not merely postmarked by the last day of the window. Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions, including the Commission's Red Light Rule (see 47 C.F.R. 1.1910) and the provisions set forth in the Debt Collection Improvement Act of 1996 (DCIA). We also assess administrative processing charges on delinquent debts to recover additional costs incurred in processing and handling the related debt pursuant to the DCIA and 47 C.F.R. 1.1940(d) of the Commission's rules. These administrative processing charges will be assessed on any delinquent regulatory fee, in
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- delinquent.''). Id. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) (``DCIA Order''). In its Order, the Commission codified procedures at 47 C.F.R. 1.1910, the ``red light rule,'' to extend and clarify existing policies in the management of the Commission's accounts, and to withhold action on applications or other requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15.
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- considered an account receivable in the Commission's accounting system. Pre-bills reflect the amount owed and have a payment due date of the last day of the regulatory fee payment window. Consequently, if a pre-bill is not paid by the due date, it becomes delinquent and is subject to our debt collection procedures. See also 47 C.F.R. 1.1161(c), 1.1164(f)(5), and 1.1910. Some of those refinements have been to provide licensees with a Commission-authorized web site to update or correct any information concerning their facilities, and to amend their fee-exempt status, if need be. Also, our notifications now provide licensees with a telephone number to call in the event that they need customer assistance. The notifications themselves have been refined so that
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- considered an account receivable in the Commission's accounting system. Pre-bills reflect the amount owed and have a payment due date of the last day of the regulatory fee payment window. Consequently, if a pre-bill is not paid by the due date, it becomes delinquent and is subject to our debt collection procedures. See also 47 C.F.R. 1.1161(c), 1.1164(f)(5), and 1.1910. FY 2008 NPRM at 20. Some of those refinements have been to provide licensees with a Commission-authorized web site to update or correct any information concerning their facilities, and to amend their fee-exempt status, if need be. Also, our notifications now provide licensees with a telephone number to call in the event that they need customer assistance. The notifications
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- delinquent.''). Id. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) (``DCIA Order''). In its Order, the Commission codified procedures at 47 C.F.R. 1.1910, the ``red light rule,'' to extend and clarify existing policies in the management of the Commission's accounts, and to withhold action on applications or other requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15.
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- invoice.''). . See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) (``DCIA Order''). In its Order, the Commission codified procedures at 47 C.F.R. 1.1910, the ``red light rule,'' to extend and clarify existing policies in the management of the Commission's accounts, and to withhold action on applications or other requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 3-15.
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- CCN, Inc., et al, Order to Show Cause and Opportunity for Hearing, Order, 13 FCC Rcd 13599 (1998) (revoking carrier's operating authority based on findings of repeated violations); see also, e.g., Business Options, Inc., Consent Decree, 19 FCC Rcd 2916 (2003); NOS Communications, Inc., Affinity Network Incorporated and NOSVA Limited Partnership, Consent Decree, 2003 WL 22439710 (2003). 47 C.F.R. 1.1910. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) (``DCIA Order''). In its Order, the Commission codified procedures at 47 C.F.R. 1.1910, the
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- considered an account receivable in the Commission's accounting system. Pre-bills reflect the amount owed and have a payment due date of the last day of the regulatory fee payment window. Consequently, if a pre-bill is not paid by the due date, it becomes delinquent and is subject to our debt collection procedures. See also 47 C.F.R. 1.1161(c), 1.1164(f)(5), and 1.1910. An assessment is a proposed statement of the amount of regulatory fees owed by an entity to the Commission (or proposed subscriber count to be ascribed for purposes of setting the entity's regulatory fee) but it is not entered into the Commission's accounting system as a current debt. Some of those refinements have been to provide licensees with a Commission-authorized
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- penalty for late payment of any regulatory fee. A late payment penalty of 25 percent of the unpaid amount of the required regulatory fee will be assessed on the first day following the deadline date for filing of these fees. Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions, including those set forth in section 1.1910 of the Commission's Rules and in the Debt Collection Improvement Act of 1996 (``DCIA''). We also assess administrative processing charges on delinquent debts to recover additional costs incurred in processing and handling the related debt pursuant to the DCIA and section 1.1940(d) of the Commission's rules. These administrative processing charges will be assessed on any delinquent regulatory fee, in addition
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- penalty for late payment of any regulatory fee. A late payment penalty of 25 percent of the unpaid amount of the required regulatory fee will be assessed on the first day following the deadline date for filing of these fees. Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions, including those set forth in section 1.1910 of the Commission's Rules and in the Debt Collection Improvement Act of 1996 (``DCIA''). We also assess administrative processing charges on delinquent debts to recover additional costs incurred in processing and handling the related debt pursuant to the DCIA and section 1.1940(d) of the Commission's rules. These administrative processing charges will be assessed on any delinquent regulatory fee, in addition
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- 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910. t''). he Federal Register and on its website the manner of payment and the dates by which payments must be made.''); ``Proposed Second Quarter 2006 Contribution Factor,'' Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown on the invoice.''). See also 47 C.F.R. 54.713(b) (noting that if a USF ``contributor
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- penalty for late payment of any regulatory fee. A late payment penalty of 25 percent of the unpaid amount of the required regulatory fee will be assessed on the first day following the deadline date for filing of these fees. Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions, including those set forth in section 1.1910 of the Commission's Rules and in the Debt Collection Improvement Act of 1996 (``DCIA''). We also assess administrative processing charges on delinquent debts to recover additional costs incurred in processing and handling the related debt pursuant to the DCIA and section 1.1940(d) of the Commission's rules. These administrative processing charges will be assessed on any delinquent regulatory fee, in addition
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- 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910. iling, http://www.fcc.gov/Forms/Form499-A/499a-2009.pdf (February 2009) (``Annual Worksheet''). 11(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''); ``Proposed Second Quarter 2006 Contribution Factor,'' Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown
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- regulatory fee filing window. Section 9(c) of the Act requires us to impose a late payment penalty of 25 percent of the unpaid amount to be assessed on the first day following the deadline date for filing of these fees. Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions, including those set forth in section 1.1910 of the Commission's Rules and in the Debt Collection Improvement Act of 1996 (``DCIA''). We also assess administrative processing charges on delinquent debts to recover additional costs incurred in processing and handling the related debt pursuant to the DCIA and section 1.1940(d) of the Commission's Rules. These administrative processing charges will be assessed on any delinquent regulatory fee, in addition
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-13A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-13A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-13A1.txt
- of the Budget 145, App. G (July 21, 2010). Universal Service Antideficiency Temporary Suspension Act, Pub. L. 108-494, 118 Stat. 3986 (2004) as most recently amended in the Continuing Appropriations and Surface Transportation Extensions Act, 2011, Pub. L. 111-322, 124 Stat. 3518, 3520 (2010). See Rev. Proc. 2010-34, 2010-41 I.R.B. 426. 47 C.F.R. 32.2000(a)(2). See 47 C.F.R. 1.1910(b)(2). . 47 U.S.C. 254(e). . . A service area may encompass many wire centers. A ``service area'' generally means a geographic area established by a State commission or the Commission ``for the purposes of determining universal service obligations and support mechanisms. In the case of an area served by a rural telephone company, `service area' means such company's `study
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-180A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-180A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-180A1.txt
- 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. 1.1910. See http://www.universalservice.org/fund-administration/contributors/underst anding-your-invoice/important-invoicing-deadlines.aspx. Debt collection procedures may include further administrative efforts both by the Commission and the United States Treasury or, as appropriate, the Commission may refer the delinquent debt to the Department of Justice for enforced collection action. 47 C.F.R. 1.1917. Collection efforts may result in additional charges, to include interest and penalties, as provided under 31 U.S.C.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.txt
- regulatory fee filing window. Section 9(c) of the Act requires us to impose a late payment penalty of 25 percent of the unpaid amount to be assessed on the first day following the deadline date for filing of these fees. Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions, including those set forth in section 1.1910 of the Commission's Rules and in the Debt Collection Improvement Act of 1996 (``DCIA''). We also assess administrative processing charges on delinquent debts to recover additional costs incurred in processing and handling the related debt pursuant to the DCIA and section 1.1940(d) of the Commission's Rules. These administrative processing charges will be assessed on any delinquent regulatory fee, in addition
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-11A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-11A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-11A1.txt
- support. See 47 U.S.C. 254(e). See 47 C.F.R. 54.417. For example, we impose a number of new obligations on ETCs including, among other requirements, the transmission of all subscribers' information into the National Lifeline Accountability Database and initial and annual certification requirements. See supra sections VII.A and VI.C. The ``Red Light Rule'' is codified at 47 C.F.R. 1.1910, and provides that anyone filing an application or seeking a benefit from the Commission or one of its components (including USAC and the Pooling Administrator) that is delinquent in debt owed to the Commission, will be barred from receiving a license or other benefit until the delinquency has been resolved. Any entity that files an application or seeks a benefit
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.txt
- date of regulatory fees. Section 9(c) of the Act requires us to impose a late payment penalty of 25 percent of the unpaid amount to be assessed on the first day following the deadline date for filing of these fees. Failure to pay regulatory fees and/or any late penalty will subject regulatees to sanctions, including those set forth in section 1.1910 of the Commission's Rules and in the Debt Collection Improvement Act of 1996 (``DCIA''). We also assess administrative processing charges on delinquent debts to recover additional costs incurred in processing and handling the related debt pursuant to the DCIA and section 1.1940(d) of the Commission's Rules. These administrative processing charges will be assessed on any delinquent regulatory fee, in addition
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.txt
- activities, user information services, and international activities.'' 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151. 47 C.F.R. 1.1154, 1.1157(b)(1). Id. 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. 1.1154. See 47 U.S.C. 159(c)(1), (c)(3). 47 C.F.R. 1.1910. The ``red light rule'' took effect on November 1, 2004. See FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). 2). See 47 C.F.R. 1.1154 (regulatory fees), 52.17 (numbering), 52.32 (LNP), 54.709 (USF). (last visited May 9, 2012). 47 C.F.R. 54.713. See Telseven, LLC ``Registration Detail,'' available at https://fjallfoss.fcc.gov/coresWeb/searchDetail.do?frn= 0009834466
- http://transition.fcc.gov/Forms/Form499-A/499a-2012.pdf
- 218. 27 See 47 C.F.R. 42.1. 28 In addition, pursuant to the Debt Collection Improvement Act of 1996, the Commission shall withhold action on applications or other requests for benefits by delinquent debtors and dismiss those applications or other requests if the delinquent debt is not paid or satisfactory arrangement for payment is not made. See 47 C.F.R. 1.1910; Amendment of Parts 0 and 1 of the Commission's Rules, Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, MD Docket No. 02-339, 19 FCC Rcd 640 (2004). 2012 Instructions to the Telecommunications Reporting Worksheet, Form 499-A Instructions - Page 9 or overdue contributions.29 Inaccurate or untruthful
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
- from USAC, but is nonetheless required to contribute to the universal service fund, unless its revenues are considered de minimus. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. InPhonic does not qualify for the de minimus exception. 1947 C.F.R. 54.713. 2047 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 21InPhonic Inc.'s Response to the Enforcement Bureau's March 2, 2005 Inquiry Regarding Federal Regulatory Fee Payments, EB-05-IH- 0158 at 1 (``LOI Response''). InPhonic also provides ``wireless information services and activation'' and ``data services.''
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
- activities, policy and rulemaking activities, user information services, and international activities.'' 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151. 22See 47 C.F.R. 1.1154, 1.1157(b)(1). 2347 C.F.R. 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. 1.1154. 24See 47 U.S.C. 159(c)(1), (c)(3). 25 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 26 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
- enforcement activities, policy and rulemaking activities, user information services, and international activities.'' 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151. 17See 47 C.F.R. 1.1154, 1.1157(b)(1). 1847 C.F.R. 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. 1.1154. 19See 47 U.S.C. 159(c)(1), (c)(3). 2047 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 21Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC. The filer identification number is then to be included on all further filings by the company
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
- enforcement activities, policy and rulemaking activities, user information services, and international activities.'' 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151. 12See 47 C.F.R. 1.1154, 1.1157(b)(1). 1347 C.F.R. 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. 1.1154. 14See 47 U.S.C. 159(c)(1), (c)(3). 1547 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 16Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC, which is then associated with further filings by the company and used to track the carrier's
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
- See 47 U.S.C. 254(d); 47 C.F.R. 54.706(b). A carrier that does not file may not receive an invoice from USAC, but is nonetheless required to contribute to the universal service fund, unless its revenues are considered de minimus. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. 9 47 C.F.R. 54.713. 1047 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 11OCMC's 2005 FCC Form 499-A Telecommunications Reporting Worksheet. See also Letter from Ann Bernard, OCMC, Inc., General Counsel, to Christopher Shields, Investigations and Hearings Division, Enforcement Bureau, FCC (October 18, 2004) (``LOI Response'').
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
- required to contribute to the universal service fund, unless its revenues are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. Telecom House has not qualified for the de minimis exception since 2002. 20 47 C.F.R. 54.713. 21 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 22 Response to Data Requests/Request for Documents, EB-04-IH- 0656, at 4, dated March 17, 2005 (``March 17, 2005 LOI Response''). 23 See http://www.thouse.com/about.html. 24 See 47 C.F.R. 64.1195(a). 25 See Letter from Hugh
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
- the Telecommunications Reporting Worksheet include tables for carriers to determine their approximate annual contributions based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. 54.708. CSII has not qualified for the de minimis exemption since 2003. 17 47 C.F.R. 54.713. 18 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 19 See Response to Data Requests/Request for Documents, EB-05-IH- 0189, at 4, dated March 28, 2005 (``March 28, 2005 LOI Response''); http://www.csii.net/index2.html (last accessed on October 27, 2005). 20 See 47 C.F.R. 64.1195(a).
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
- to contribute to the universal service fund, unless its revenues are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. Global Teldata qualified for the de minimis exception in 2003 but not thereafter. 16 47 C.F.R. 54.713. 17 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 18 See Letter from Darius B. Withers, Kelly Drye and Warren LLP, Counsel to Global Teldata II, LLC, to Gerald H. Chakerian, Attorney, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, dated
- http://transition.fcc.gov/eb/Orders/2006/DA-06-1176A1.html
- Report and Order, 19 FCC Rcd 6540 (2004). The "red light" rule requires the Commission to withhold action on applications and other requests for benefits when the entity applying for or seeking benefits is delinquent in non-tax debts owed to the Commission, and to dismiss such applications or other request if the delinquency is not resolved. See 47 C.F.R. S 1.1910; Amendment of Parts 0 and 1 of the Commission's Rules, 19 FCC Rcd at 6541-45 PP 3-15. Letter from M. Washington, Credit Manager, Revenue and Receivables Operations Group, Office of Managing Director, Federal Communications Commission to International Telecom Exchange Group, Inc., dated April 26, 2006. 47 U.S.C. S 503(b)(1)(B); 47 C.F.R. S 1.80(a)(1). 47 U.S.C. S 312(f)(1). H.R. Rep. No.
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
- at 19896, P 5, note 22. The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S 54.708. LPSI has not qualified for the de minimis exemption since 2004. 47 C.F.R. S 54.713. Id. S 1.1910. The rule went into effect on November 1, 2004; see FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). See Letter from Bradford M. Berry, counsel for LPSI, to William Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, dated August 26, 2005, at 1 ("Voluntary Disclosure Letter"). See Supplemental
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
- Corp., 14 FCC Rcd 3356 (CIB 1999), recon. denied, 15 FCC Rcd 8640 (Enf. Bur. 2002); PJB Communications of Virginia, 7 FCC Rcd 2088 (1992). In this case, the forfeiture represents a smaller percentage of the violator's gross revenues than those issued in the Local Long Distance, Inc. (7.9 percent), and Hoosier Broadcasting Corp. (7.6 percent) cases. 47 C.F.R. S 1.1910. 47 U.S.C S 504(a). See 47 C.F.R. S 1.1914. (Continued from previous page) (continued....) Federal Communications Commission FCC 06-136 2 Federal Communications Commission FCC 06-136 References Visible links 1. http://support.pioneertelephone.com/test/support.asp?kb=42 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-136A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-136A1.doc
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-186A1.html
- Rcd 3954 (2005); QuickLink Telecom, Inc., Order of Forfeiture, 20 FCC Rcd 14464 (2005). Carrera Communications, LP, Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13307 (2005). See Business Options, Inc., Consent Decree, 19 FCC Rcd 2916 (2003); NOS Communications, Inc., Affinity Network Incorporated and NOSVA Limited Partnership, Consent Decree, 2003 WL 22439710 (2003). 47 C.F.R. S 1.1910. 47 U.S.C. S 503(b). 47 C.F.R. S 1.80, See 47 C.F.R. S 1.80(f)(3). See 47 C.F.R. S 1.1914. Federal Communications Commission FCC 06-186 1 2 Federal Communications Commission FCC 06-186 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1.doc
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
- action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the applicant, such applications or requests will be dismissed. 47 C.F.R. S: 1.1910. The rule went into effect on November 1, 2004. See FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). 47 C.F.R. S: 54.711(a). Matter of Federal-State Board on Universal Service, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 24952, 25791, P: 34 (2002). See Letter from P.J.
- http://transition.fcc.gov/eb/Orders/2007/FCC-07-125A1.html
- debt to the Treasury Department for lack of payment). The Commission's rules require the Commission to withhold action on applications and other requests for benefits when the entity applying for or seeking benefits is delinquent in non-tax debts owed to the Commission, and to dismiss such applications or other request if the delinquency is not resolved. See 47 C.F.R. S: 1.1910(b)(3). Also see generally 47 C. F. R. Part 1, Subpart O. 800 MHz Rebanding R&O, 19 FCC Rcd 15051, P: 151. Id. at 19 FCC Rcd 15052, 15055,P:P: 153, 159. Id. See Improving Public Safety Communications in the 800 MHz Band, et al., Supplemental Order and Order on Reconsideration, 19 FCC Rcd. 25120, 2155 P: 70 (2004). While PCSI and
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
- delinquent."). Id. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) ("DCIA Order"). In its Order, the Commission codified procedures at 47 C.F.R. S: 1.1910, the "red light rule," to extend and clarify existing policies in the management of the Commission's accounts, and to withhold action on applications or other requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 P:P: 3-15.
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-96A1.html
- delinquent."). Id. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) ("DCIA Order"). In its Order, the Commission codified procedures at 47 C.F.R. S: 1.1910, the "red light rule," to extend and clarify existing policies in the management of the Commission's accounts, and to withhold action on applications or other requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 P:P: 3-15.
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
- July 2007. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) ("DCIA Order"). In its Order, the Commission codified procedures at 47 C.F.R. S: 1.1910, the "red light rule," to extend and clarify existing policies in the management of the Commission's accounts, and to withhold action on applications or other requests for benefits by delinquent debtors, and ultimately to dismiss such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910; DCIA Order, 19 FCC Rcd at 6541-45 P:P: 3-15.
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2068A2.html
- executed on August 14, 2009, by and between Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, and Jonathan Marashlian, Counsel to Next-G; Tolling Agreement Extension, File No. EB-05-IH-2010, executed on October 8, 2009, by and between Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, and Jonathan Marashlian, Counsel to Next-G. See 47 C.F.R. S: 1.1910. Federal Communications Commission DA 09-2068 2 Federal Communications Commission DA 09-2068 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A2.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A2.doc
- http://transition.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
- CCN, Inc., et al, Order to Show Cause and Opportunity for Hearing, Order, 13 FCC Rcd 13599 (1998) (revoking carrier's operating authority based on findings of repeated violations); see also, e.g., Business Options, Inc., Consent Decree, 19 FCC Rcd 2916 (2003); NOS Communications, Inc., Affinity Network Incorporated and NOSVA Limited Partnership, Consent Decree, 2003 WL 22439710 (2003). 47 C.F.R. S: 1.1910. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) ("DCIA Order"). In its Order, the Commission codified procedures at 47 C.F.R. S: 1.1910, the
- http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
- 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910. Invoices for USF contributions that become over 90 days delinquent are transferred to the Commission for further collection. See http://www.universalservice.org/fund-administration/contributors/understandi ng-your-invoice/important-invoicing-deadlines.aspx. Debt collection procedures may include further administrative efforts both by the Commission and the United States Treasury or, as appropriate, the Commission may refer the delinquent debt to the Department of Justice for enforced collection action. 47 C.F.R. S:
- http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
- 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910. Invoices for USF contributions that become over 90 days delinquent are transferred to the Commission for further collection. See http://www.universalservice.org/fund-administration/contributors/understandi ng-your-invoice/important-invoicing-deadlines.aspx. Debt collection procedures may include further administrative efforts both by the Commission and the United States Treasury or, as appropriate, the Commission may refer the delinquent debt to the Department of Justice for enforced collection action. 47 C.F.R. S:
- http://transition.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
- activities, user information services, and international activities." 47 U.S.C. S: 159(a)(1); see also 47 C.F.R. S: 1.1151. 47 C.F.R. S:S: 1.1154, 1.1157(b)(1). Id. S: 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. S: 1.1154. See 47 U.S.C. S: 159(c)(1), (c)(3). 47 C.F.R. S: 1.1910. The "red light rule" took effect on November 1, 2004. See FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). See 47 C.F.R. S: 54.711(a); see also, e.g., FCC Form 499-A Telecommunications Reporting Worksheet - Annual Filing, available at http://transition.fcc.gov/Forms/Form499-A/499a-2012.pdf (last visited May 15, 2012). See 47 C.F.R. S: 54.711(a); Quarterly Reporting
- http://wireless.fcc.gov/auctions/58/resources/AudryBashkin.pdf
- non delinquent on non--tax debt. Alternatively, an applicant may seek tax debt. Alternatively, an applicant may seek a rule waiver. a rule waiver. Section 1.2105 pre Section 1.2105 pre--empts the Commission's Red Light Rule, empts the Commission's Red Light Rule, which otherwise prohibits processing of applications when filers which otherwise prohibits processing of applications when filers have outstanding debts. See 1.1910(b)(3)(ii). Accordingly, a R have outstanding debts. See 1.1910(b)(3)(ii). Accordingly, a Red ed Light may not automatically stop the processing of a Auction Light may not automatically stop the processing of a Auction No. 58 short No. 58 short--form application. A recent Public Notice describes form application. A recent Public Notice describes the relationship between the Red Light Display System and
- http://wireless.fcc.gov/auctions/general/releases/DA-12-440.doc
- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Spectrum Acquisitions, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections
- http://wireless.fcc.gov/auctions/general/releases/DA-12-441.doc
- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Golden Arrow Paging, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to
- http://wireless.fcc.gov/auctions/general/releases/DA-12-442.doc
- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Longstreet Communications International, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to
- http://wireless.fcc.gov/auctions/general/releases/DA-12-443.doc
- administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed, if the DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date specified in this order is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Mary Vargas is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104
- http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf
- Company. 19 See 47 C.F.R. 42.1. 20 In addition, pursuant to the Debt Collection Improvement Act of 1996, the Commission shall withhold action on applications or other requests for benefits by delinquent debtors and dismiss those applications or other requests if the delinquent debt is not paid or satisfactory arrangement for payment is not made. See 47 C.F.R. 1.1910; Amendment of Parts 0 and 1 of the Commission's Rules, Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, MD Docket No. 02-339, 19 FCC Rcd 640 (2004). 21 See 47 C.F.R. 54.713 (universal service); 47 C.F.R. 64.604(c)(5)(iii)(B) (TRS). See also 47 C.F.R. 52.17(b)
- http://www.fcc.gov/Forms/Form499-A/499a-2007.pdf
- 218. 20 See 47 C.F.R. 42.1. 21 In addition, pursuant to the Debt Collection Improvement Act of 1996, the Commission shall withhold action on applications or other requests for benefits by delinquent debtors and dismiss those applications or other requests if the delinquent debt is not paid or satisfactory arrangement for payment is not made. See 47 C.F.R. 1.1910; Amendment of Parts 0 and 1 of the Commission's Rules, Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, MD Docket No. 02-339, 19 FCC Rcd 640 (2004). 22 See 47 C.F.R. 54.713 (universal service); 47 C.F.R. 64.604(c)(5)(iii)(B) (TRS). See also, 47 C.F.R. 52.17(b)
- http://www.fcc.gov/Forms/Form499-A/499a-2008.pdf
- a "1" in the box for type of entity that represents the most important part of the filer's telecommunications business, enter a "2" in the box that represents the next most important part, etc. Select no more than 5 of the following categories: delinquent debt is not paid or satisfactory arrangement for payment is not made. See 47 C.F.R. 1.1910; Amendment of Parts 0 and 1 of the Commission's Rules, Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, MD Docket No. 02-339, 19 FCC Rcd 640 (2004). 23 See 47 C.F.R. 54.713 (universal service); 47 C.F.R. 64.604(c)(5)(iii)(B) (TRS). See also, 47 C.F.R. 52.17(b)
- http://www.fcc.gov/Forms/Form499-A/499a-2009.pdf
- 218. 23 See 47 C.F.R. 42.1. 24 In addition, pursuant to the Debt Collection Improvement Act of 1996, the Commission shall withhold action on applications or other requests for benefits by delinquent debtors and dismiss those applications or other requests if the delinquent debt is not paid or satisfactory arrangement for payment is not made. See 47 C.F.R. 1.1910; Amendment of Parts 0 and 1 of the Commission's Rules, Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, MD Docket No. 02-339, 19 FCC Rcd 640 (2004). Instructions to the Telecommunications Reporting Worksheet, Form 499-A Instructions --Page 13 caused by late, inaccurate, or untruthful filing of
- http://www.fcc.gov/Forms/Form499-A/499a-2010.pdf
- 218. 23 See 47 C.F.R. 42.1. 24 In addition, pursuant to the Debt Collection Improvement Act of 1996, the Commission shall withhold action on applications or other requests for benefits by delinquent debtors and dismiss those applications or other requests if the delinquent debt is not paid or satisfactory arrangement for payment is not made. See 47 C.F.R. 1.1910; Amendment of Parts 0 and 1 of the Commission's Rules, Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, MD Docket No. 02-339, 19 FCC Rcd 640 (2004). 25 See 47 C.F.R. 54.713 (universal service); 47 C.F.R. 64.604(c)(5)(iii)(B) (TRS); see also 47 C.F.R. 52.17(b)
- http://www.fcc.gov/Forms/Form499-A/499a-2011.pdf
- 218. 26 See 47 C.F.R. 42.1. 27 In addition, pursuant to the Debt Collection Improvement Act of 1996, the Commission shall withhold action on applications or other requests for benefits by delinquent debtors and dismiss those applications or other requests if the delinquent debt is not paid or satisfactory arrangement for payment is not made. See 47 C.F.R. 1.1910; Instructions - Page 8 2011 Instructions to the Telecommunications Reporting Worksheet, Form 499-A interest and administrative costs that are caused by late, inaccurate, or untruthful filing of the Worksheet or overdue contributions.28 Inaccurate or untruthful information contained in the Worksheet may lead to prosecution under the criminal provisions of Title 18 of the United States Code.29 G. Rounding of Numbers
- http://www.fcc.gov/Forms/Form499-A/499a2-2011.pdf
- Filer Database (http://fjallfoss.fcc.gov/cgb/form499/499a.cfm) Telecommunications Provider Locator (http://fcc.gov/wcb/iatd/lec.html) 27 In addition, pursuant to the Debt Collection Improvement Act of 1996, the Commission shall withhold action on applications or other requests for benefits by delinquent debtors and dismiss those applications or other requests if the delinquent debt is not paid or satisfactory arrangement for payment is not made. See 47 C.F.R. 1.1910; Amendment of Parts 0 and 1 of the Commission's Rules, Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, MD Docket No. 02-339, 19 FCC Rcd 640 (2004). 28 See 47 C.F.R. 54.713 (universal service); 47 C.F.R. 64.604(c)(5)(iii)(B) (TRS); see also 47 C.F.R. 52.17(b)
- http://www.fcc.gov/Forms/Form499-Q/499q.pdf
- 218. 17 See 47 C.F.R. 42.1. 18 In addition, pursuant to the Debt Collection Improvement Act of 1996, the Commission shall withhold action on applications or other requests for benefits by delinquent debtors and dismiss those applications or other requests if the delinquent debt is not paid or satisfactory arrangement for payment is not made. See 47 C.F.R. 1.1910; Amendment of Parts 0 and 1 of the Commission's Rules, Implementation of the Debt 11 including interest and administrative costs that are caused by late, inaccurate, or untruthful filing of the Worksheet or overdue contributions.19 Inaccurate or untruthful information contained in the Telecommunications Reporting Worksheet may lead to prosecution under the criminal provisions of Title 18 of the United States
- http://www.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
- from USAC, but is nonetheless required to contribute to the universal service fund, unless its revenues are considered de minimus. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. InPhonic does not qualify for the de minimus exception. 1947 C.F.R. 54.713. 2047 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 21InPhonic Inc.'s Response to the Enforcement Bureau's March 2, 2005 Inquiry Regarding Federal Regulatory Fee Payments, EB-05-IH- 0158 at 1 (``LOI Response''). InPhonic also provides ``wireless information services and activation'' and ``data services.''
- http://www.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
- activities, policy and rulemaking activities, user information services, and international activities.'' 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151. 22See 47 C.F.R. 1.1154, 1.1157(b)(1). 2347 C.F.R. 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. 1.1154. 24See 47 U.S.C. 159(c)(1), (c)(3). 25 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 26 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and
- http://www.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
- enforcement activities, policy and rulemaking activities, user information services, and international activities.'' 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151. 17See 47 C.F.R. 1.1154, 1.1157(b)(1). 1847 C.F.R. 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. 1.1154. 19See 47 U.S.C. 159(c)(1), (c)(3). 2047 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 21Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC. The filer identification number is then to be included on all further filings by the company
- http://www.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
- enforcement activities, policy and rulemaking activities, user information services, and international activities.'' 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151. 12See 47 C.F.R. 1.1154, 1.1157(b)(1). 1347 C.F.R. 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. 1.1154. 14See 47 U.S.C. 159(c)(1), (c)(3). 1547 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 16Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC, which is then associated with further filings by the company and used to track the carrier's
- http://www.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
- See 47 U.S.C. 254(d); 47 C.F.R. 54.706(b). A carrier that does not file may not receive an invoice from USAC, but is nonetheless required to contribute to the universal service fund, unless its revenues are considered de minimus. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. 9 47 C.F.R. 54.713. 1047 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 11OCMC's 2005 FCC Form 499-A Telecommunications Reporting Worksheet. See also Letter from Ann Bernard, OCMC, Inc., General Counsel, to Christopher Shields, Investigations and Hearings Division, Enforcement Bureau, FCC (October 18, 2004) (``LOI Response'').
- http://www.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
- required to contribute to the universal service fund, unless its revenues are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. Telecom House has not qualified for the de minimis exception since 2002. 20 47 C.F.R. 54.713. 21 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 22 Response to Data Requests/Request for Documents, EB-04-IH- 0656, at 4, dated March 17, 2005 (``March 17, 2005 LOI Response''). 23 See http://www.thouse.com/about.html. 24 See 47 C.F.R. 64.1195(a). 25 See Letter from Hugh
- http://www.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
- the Telecommunications Reporting Worksheet include tables for carriers to determine their approximate annual contributions based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. 54.708. CSII has not qualified for the de minimis exemption since 2003. 17 47 C.F.R. 54.713. 18 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 19 See Response to Data Requests/Request for Documents, EB-05-IH- 0189, at 4, dated March 28, 2005 (``March 28, 2005 LOI Response''); http://www.csii.net/index2.html (last accessed on October 27, 2005). 20 See 47 C.F.R. 64.1195(a).
- http://www.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
- to contribute to the universal service fund, unless its revenues are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their annual contributions. Global Teldata qualified for the de minimis exception in 2003 but not thereafter. 16 47 C.F.R. 54.713. 17 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 18 See Letter from Darius B. Withers, Kelly Drye and Warren LLP, Counsel to Global Teldata II, LLC, to Gerald H. Chakerian, Attorney, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, dated
- http://www.fcc.gov/eb/Orders/2006/DA-06-1176A1.html
- Report and Order, 19 FCC Rcd 6540 (2004). The "red light" rule requires the Commission to withhold action on applications and other requests for benefits when the entity applying for or seeking benefits is delinquent in non-tax debts owed to the Commission, and to dismiss such applications or other request if the delinquency is not resolved. See 47 C.F.R. S 1.1910; Amendment of Parts 0 and 1 of the Commission's Rules, 19 FCC Rcd at 6541-45 PP 3-15. Letter from M. Washington, Credit Manager, Revenue and Receivables Operations Group, Office of Managing Director, Federal Communications Commission to International Telecom Exchange Group, Inc., dated April 26, 2006. 47 U.S.C. S 503(b)(1)(B); 47 C.F.R. S 1.80(a)(1). 47 U.S.C. S 312(f)(1). H.R. Rep. No.
- http://www.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
- at 19896, P 5, note 22. The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S 54.708. LPSI has not qualified for the de minimis exemption since 2004. 47 C.F.R. S 54.713. Id. S 1.1910. The rule went into effect on November 1, 2004; see FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). See Letter from Bradford M. Berry, counsel for LPSI, to William Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, dated August 26, 2005, at 1 ("Voluntary Disclosure Letter"). See Supplemental
- http://www.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
- Corp., 14 FCC Rcd 3356 (CIB 1999), recon. denied, 15 FCC Rcd 8640 (Enf. Bur. 2002); PJB Communications of Virginia, 7 FCC Rcd 2088 (1992). In this case, the forfeiture represents a smaller percentage of the violator's gross revenues than those issued in the Local Long Distance, Inc. (7.9 percent), and Hoosier Broadcasting Corp. (7.6 percent) cases. 47 C.F.R. S 1.1910. 47 U.S.C S 504(a). See 47 C.F.R. S 1.1914. (Continued from previous page) (continued....) Federal Communications Commission FCC 06-136 2 Federal Communications Commission FCC 06-136 References Visible links 1. http://support.pioneertelephone.com/test/support.asp?kb=42 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-136A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-136A1.doc
- http://www.fcc.gov/eb/Orders/2006/FCC-06-186A1.html
- Rcd 3954 (2005); QuickLink Telecom, Inc., Order of Forfeiture, 20 FCC Rcd 14464 (2005). Carrera Communications, LP, Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13307 (2005). See Business Options, Inc., Consent Decree, 19 FCC Rcd 2916 (2003); NOS Communications, Inc., Affinity Network Incorporated and NOSVA Limited Partnership, Consent Decree, 2003 WL 22439710 (2003). 47 C.F.R. S 1.1910. 47 U.S.C. S 503(b). 47 C.F.R. S 1.80, See 47 C.F.R. S 1.80(f)(3). See 47 C.F.R. S 1.1914. Federal Communications Commission FCC 06-186 1 2 Federal Communications Commission FCC 06-186 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1.doc
- http://www.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
- action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the applicant, such applications or requests will be dismissed. 47 C.F.R. S: 1.1910. The rule went into effect on November 1, 2004. See FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). 47 C.F.R. S: 54.711(a). Matter of Federal-State Board on Universal Service, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 24952, 25791, P: 34 (2002). See Letter from P.J.
- http://www.fcc.gov/eb/Orders/2007/FCC-07-125A1.html
- debt to the Treasury Department for lack of payment). The Commission's rules require the Commission to withhold action on applications and other requests for benefits when the entity applying for or seeking benefits is delinquent in non-tax debts owed to the Commission, and to dismiss such applications or other request if the delinquency is not resolved. See 47 C.F.R. S: 1.1910(b)(3). Also see generally 47 C. F. R. Part 1, Subpart O. 800 MHz Rebanding R&O, 19 FCC Rcd 15051, P: 151. Id. at 19 FCC Rcd 15052, 15055,P:P: 153, 159. Id. See Improving Public Safety Communications in the 800 MHz Band, et al., Supplemental Order and Order on Reconsideration, 19 FCC Rcd. 25120, 2155 P: 70 (2004). While PCSI and
- http://www.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
- CCN, Inc., et al, Order to Show Cause and Opportunity for Hearing, Order, 13 FCC Rcd 13599 (1998) (revoking carrier's operating authority based on findings of repeated violations); see also, e.g., Business Options, Inc., Consent Decree, 19 FCC Rcd 2916 (2003); NOS Communications, Inc., Affinity Network Incorporated and NOSVA Limited Partnership, Consent Decree, 2003 WL 22439710 (2003). 47 C.F.R. S: 1.1910. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). In 2004, the Commission adopted rules implementing the DCIA requirements. See Amendment of Parts 0 and 1 of the Commission's Rules, Report and Order, 19 FCC Rcd 6540 (2004) ("DCIA Order"). In its Order, the Commission codified procedures at 47 C.F.R. S: 1.1910, the
- http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
- 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910. Invoices for USF contributions that become over 90 days delinquent are transferred to the Commission for further collection. See http://www.universalservice.org/fund-administration/contributors/understandi ng-your-invoice/important-invoicing-deadlines.aspx. Debt collection procedures may include further administrative efforts both by the Commission and the United States Treasury or, as appropriate, the Commission may refer the delinquent debt to the Department of Justice for enforced collection action. 47 C.F.R. S:
- http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
- 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910. Invoices for USF contributions that become over 90 days delinquent are transferred to the Commission for further collection. See http://www.universalservice.org/fund-administration/contributors/understandi ng-your-invoice/important-invoicing-deadlines.aspx. Debt collection procedures may include further administrative efforts both by the Commission and the United States Treasury or, as appropriate, the Commission may refer the delinquent debt to the Department of Justice for enforced collection action. 47 C.F.R. S:
- http://www.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
- activities, user information services, and international activities." 47 U.S.C. S: 159(a)(1); see also 47 C.F.R. S: 1.1151. 47 C.F.R. S:S: 1.1154, 1.1157(b)(1). Id. S: 1.1157(b)(1). Section 1.1154 of the Commission's rules sets forth the schedule of annual regulatory charges and filing locations for common carrier services. See 47 C.F.R. S: 1.1154. See 47 U.S.C. S: 159(c)(1), (c)(3). 47 C.F.R. S: 1.1910. The "red light rule" took effect on November 1, 2004. See FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). See 47 C.F.R. S: 54.711(a); see also, e.g., FCC Form 499-A Telecommunications Reporting Worksheet - Annual Filing, available at http://transition.fcc.gov/Forms/Form499-A/499a-2012.pdf (last visited May 15, 2012). See 47 C.F.R. S: 54.711(a); Quarterly Reporting
- http://www.fcc.gov/fcc-bin/audio/DA-07-1311A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1311A1.pdf
- L. No. 104-134, 110 Stat. 1321, 1358 (1996). See 47 C.F.R. Part 1, Subpart O. See also Amendment of Parts 0 and 1 of the Commission's Rules - Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, Report and Order, 19 FCC Rcd 6540 (2004). Id. 1.1910(b). Federal Communications Commission Washington, D.C. 20554 Bk(/YM`鉉PNG 0eX...W0f"˸ -ʝ D... p-C C\ i8 ] ~'\ gbFJU }p Ӵ:|Y.̕ `]feʦS 8o(R) -o} ^ rt2 ; X0~Be6%70oB(R)xoG k"a n"W -1$7'2 o 2 " + bK`˯ v'B-7sp?$ )} s-U( T`:IaD"M+ %i n 0:* Ԩh8R Ex`D#pWQ%mm3XķN<{1 ܋ Y -$ :,
- http://www.fcc.gov/fcc-bin/audio/DA-08-1581A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1581A1.pdf
- how much to bid for any particular construction permit or license. We therefore emphasize that we do not consider Advance's allegations of third-party mistake to be a justification for a waiver of the bid withdrawal payment rule.'' Id. at 18,852 11. Id. Pub.L. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996). See 31 U.S.C. 3717; 47 C.F.R. 1.1910. In 2004, the Commission adopted rules implementing the requirements of the DCIA. See Amendment of Parts 0 and 1 of the Commission's Rules - Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, 19 FCC Rcd 6540 (2004); 47 C.F.R. Part 1, Subpart O. The Commission's rules
- http://www.fcc.gov/fcc-bin/audio/DA-08-788A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-788A1.pdf
- C.F.R. 1.80. See 47 C.F.R. 0.283. See 47 C.F.R. 73.3539. See 47 U.S.C. 301. 47 C.F.R. 73.3539(a). Letter to James Rouse, Ref. 1800B3-DW (Chief, Audio Division, Media Bureau, Mar. 2, 2004). File No. BR-20040401ANS. On January 28, 2005, the Media Bureau (the ``Bureau'') dismissed this application due to ``Red Light'' matters. See 47 C.F.R. 1.1910. See File No. BLSTA-20040329ANP (the ``STA Request''). Letter to James Rouse, Ref. 1800B3-PAD (Chief, Audio Division, Media Bureau, Apr. 2, 2004). See captioned application, Exhibit 6. See File No. BLSTA-20070925ALG (the ``Second STA Request''); see also Letter to Coe W. Ramsey, Esq., Ref. 1800B3 (Chief, Audio Division, Media Bureau, Sep. 27, 2007). See File No. BELSTA-20080325ADI. See captioned renewal application,
- http://www.fcc.gov/fcc-bin/audio/DA-08-789A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-789A1.pdf
- 1.80. See 47 C.F.R. 0.283. See 47 C.F.R. 73.3539. See 47 U.S.C. 301. 47 C.F.R. 73.3539(a). Letter to The Minority Voice, Inc., Ref. 1800B3-DW (Chief, Audio Division, Media Bureau, Mar. 2, 2004). File No. BR-20040331AQP. On January 28, 2005, the Media Bureau (the ``Bureau'') dismissed this application due to ``Red Light'' matters. See 47 C.F.R. 1.1910. See File No. BLSTA-20040329ANO (the ``STA Request''). Letter to The Minority Voice, Inc., Ref. 1800B3-PAD (Chief, Audio Division, Media Bureau, Apr. 2, 2004). See File No. BLSTA-20051128AVK (the ``Second STA Request''). See Letter to M'bulu K. Rouse, Ref. 1800B3 (Chief, Audio Division, Media Bureau, Dec. 7, 2005). See captioned application, Exhibit 6. See File No. BLSTA-20070925AIO (the ``Third STA Request'').
- http://www.fcc.gov/fcc-bin/audio/DA-09-2436A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2436A1.pdf
- 47 U.S.C. 309(d)(1). George J. Wade, Letter (MB Apr. 20, 2007). See Amendment of Parts 0 and 1 of the Commission's Rules - Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, Report and Order, 19 FCC Rcd 6540 (2004). See also 47 C.F.R. 0.283, 1.1910(b)(3). 47 U.S.C. 303(q). See 47 C.F.R. 17.1, et seq., and 73.1213. See also Report and Order in MM Docket 95-5, 11 FCC Rcd 4272 (1996). Federal Communications Commission Washington, D.C. 20554 November 18, 2009 &`#$ %PNG ` ` b``D 4 &)@-@@7 H >O p j 2=k "_ - J, NtRb 7PUZS 'wpˈ jPT{.|87w]gyAҨ-=T#O> #W pU^S t''TxNtl ۦX6`T{:r
- http://www.fcc.gov/fcc-bin/audio/DA-10-1759A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1759A1.pdf
- Nancy Knight-Strickland, Ref. 1800B3 (Chief, Audio Division, Media Bureau, April 20, 2004). See Amendment of Parts 0 and 1 of the Commission's Rules - Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, Report and Order, 19 FCC Rcd 6540 (2004). See also 47 C.F.R. 0.283, 1.1910(b)(3). Letter to Southern Broadcasting & Investments Co., Inc., Ref. 1800B3-KAW (Chief, Audio Division, Media Bureau, May 24, 2010). See, e.g, Hemmingford Media, Inc., Forfeiture Order, 14 FCC Rcd 2940, 2941-2 (CIB 1999) (responsibility for complying with terms of station license ``rests solely and exclusively with the licensee'') (citing Empire Broadcasting Corp., Memorandum Opinion and Order, 25 FCC 2d 68 (1970)).
- http://www.fcc.gov/fcc-bin/audio/DA-10-392A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-392A1.pdf
- BR-20040326ACP. (the ``2004 Application''). James K. Sharp, Letter (MB Apr. 20, 2007). See Amendment of Parts 0 and 1 of the Commission's Rules - Implementation of the Debt Collection Improvement Act of 1996 and Adoption of Rules Governing Applications or Requests for Benefits by Delinquent Debtors, Report and Order, 19 FCC Rcd 6540 (2004). See also 47 C.F.R. 0.283, 1.1910(b)(3). Because the 2004 Application was filed prior to the expiration of the Station's license, no STA to continue station operations was necessary during the period when that application was pending before the Commission. See, e.g, Hemmingford Media, Inc., Forfeiture Order, 14 FCC Rcd 2940, 2941-2 (CIB 1999) (responsibility for complying with terms of station license ``rests solely and exclusively with
- http://www.fcc.gov/fcc-bin/audio/DA-11-1227A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1227A1.pdf
- Decision''). File No. BLSTA-20110426AAX (the ``Silent STA Request''). File No. BSTA-20110616AAQ (the ``Technical STA Request''). 47 U.S.C. 309(k), 503(b); 47 C.F.R. 1.80. See 47 C.F.R. 0.283. See 47 C.F.R. 73.3539. See 47 U.S.C. 301. 47 C.F.R. 73.3539(a). File No. BR-20040217ACP. See Broadcast Actions, Public Notice, Report No. 45917 (rel. Feb. 8, 2005). Under Section 1.1910 of the Rules, ``Action will be withheld on applications . . . by any entity found to be delinquent in its debt to the Commission . . . ,'' and the application or request for authorization will be dismissed ``if a delinquency has not been paid or the debtor has not made other satisfactory arrangements within 30 days'' of notice
- http://www.fcc.gov/fcc-bin/audio/DA-11-1980A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1980A1.pdf
- COMMISSION Peter H. Doyle Chief, Audio Division Media Bureau 47 C.F.R. 73.3539; 47 U.S.C. 301. R&M Broadcasting Company, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 26 FCC Rcd 10336 (MB 2011). See 47 C.F.R. 73.1020, 73.3539(a). File No. BR-20040217ACP. See Broadcast Actions, Public Notice, Report No. 45917 (rel. Feb. 8, 2005). Under Section 1.1910 of the Rules, ``Action will be withheld on applications . . . by any entity found to be delinquent in its debt to the Commission . . .,'' and the application or request for authorization will be dismissed ``if a delinquency has not been paid or the debtor has not made other satisfactory arrangements within 30 days'' of notice of
- http://www.fcc.gov/fcc-bin/audio/DA-11-265A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-265A1.pdf
- renewal application on April 3, 2008. See 47 C.F.R. 73.1020, 73.3539(a). Letter to James Rouse, Ref. 1800B3-DW (Chief, Audio Division, Media Bureau, Mar. 2, 2004). File No. BR-20040401ANS. On January 28, 2005, the Media Bureau dismissed this application due to the application's ``Red Light'' status as determined by the Commission's Office of the Managing Director. See 47 C.F.R. 1.1910. See File No. BLSTA-20040329ANP. Letter to James Rouse, Ref. 1800B3-PAD (Chief, Audio Division, Media Bureau, Apr. 2, 2004). See captioned application, Exhibit 6. See File No. BLSTA-20070925ALG; see also Letter to Coe W. Ramsey, Esq., Ref. 1800B3 (Chief, Audio Division, Media Bureau, Sep. 27, 2007). See File No. BELSTA-20080325ADI. This STA request was dismissed as moot when the license renewal
- http://www.fcc.gov/fcc-bin/audio/DA-11-266A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-266A1.pdf
- on April 3, 2008. See 47 C.F.R. 73.1020, 73.3539(a). Letter to The Minority Voice, Inc., Ref. 1800B3-DW (Chief, Audio Division, Media Bureau, Mar. 2, 2004). File No. BR-20040331AQP. On January 28, 2005, the Media Bureau dismissed this application due to the application's ``Red Light'' status as determined by the Commission's Office of the Managing Director. See 47 C.F.R. 1.1910. See File No. BLSTA-20040329ANO. See Letter to The Minority Voice, Inc., Ref. 1800B3-PAD (Chief, Audio Division, Media Bureau, Apr. 2, 2004). See File No. BLSTA-20051128AVK. See Letter to M'bulu K. Rouse, Ref. 1800B3 (Chief, Audio Division, Media Bureau, Dec. 7, 2005). See captioned application, Exhibit 6. See File No. BLSTA-20070925AIO. See Letter to Coe W. Ramsey, Esq., Ref. 1800B3 (Chief,
- http://www.fcc.gov/fcc-bin/audio/DA-12-964A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-964A1.pdf
- Treasury will impose an additional administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed if DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. 1.2104(g)(1), Sheila Callahan and Friends, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant
- http://www.fcc.gov/fcc-bin/audio/DA-12-965A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-965A1.pdf
- administrative collection charge, and it may also commence administrative offset. An additional surcharge may be imposed if the DOJ initiates judicial action to recover judgment. Furthermore, any portion of the debt that is unpaid after the Due Date specified in this order is a delinquent debt, which will trigger application of the Commission's red light procedures at 47 C.F.R. 1.1910. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. 1.2104(g)(2), Kankakee Valley Broadcasting Company, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant