[Federal Register Volume 69, Number 185 (Friday, September 24, 2004)]
[Rules and Regulations]
[Pages 57230-57231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21412]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[OMD Docket No. 02-339; FCC 04-72]


Implementation of the Debt Collection Improvement Act of 1996 and 
Adoption of Rules Governing Applications or Requests for Benefits by 
Delinquent Debtors

AGENCY: Federal Communications Commission.

ACTION: Final rule; correction.

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SUMMARY: This document contains a correction to the final rule, which 
was published in the Federal Register at 69 FR 27843 on May 17, 2004. 
The final rule related to the Debt Collection Improvement Act of 1996 
(DCIA).

DATES: Effective on October 1, 2004.

FOR FURTHER INFORMATION CONTACT: Regina W. Dorsey, Special Assistant to 
the Chief Financial Officer, at 1-202-418-1993, or by e-mail at 
[email protected], or Laurence H. Schecker, Office of General 
Counsel, Administrative Law Division, at 1-202-418-1720, or by e-mail 
at [email protected].

SUPPLEMENTARY INFORMATION: In FR Doc 04-10661, in the Federal Register 
of Monday, May 17, 2004, the following corrections are made.


Sec.  1.1116  [Corrected]

    1. On page 27847, in the third column, in Sec.  1.1116, the 
reference to ``Sec.  1.1109(b)'' is corrected to read ``Sec.  
1.1109(d)''.

    2. On page 27850, in the third column, Sec.  1.1910 is corrected to 
read as follows:


Sec.  1.1910  Effect of insufficient fee payments, delinquent debts, or 
debarment.

    (a)(1) An application (including a petition for reconsideration or 
any application for review of a fee determination) or request for 
authorization subject to the FCC Registration Number (FRN) requirement 
set forth in subpart W of this chapter will be examined to determine if 
the applicant has paid the appropriate application fee, appropriate 
regulatory fees, is delinquent in its debts owed the Commission, or is 
debarred from receiving Federal benefits (see, e.g., 31 CFR 285.13; 47 
CFR part 1, subpart P).
    (2) Fee payments, delinquent debt, and debarment will be examined 
based on the entity's taxpayer identifying number (TIN), supplied when 
the entity acquired or was assigned an FRN. See 47 CFR 1.8002(b)(1).
    (b)(1) Applications by any entity found not to have paid the proper 
application or regulatory fee will be handled pursuant to the rules set 
forth in 47 CFR part 1, subpart G.
    (2) Action will be withheld on applications, including on a 
petition for reconsideration or any application for review of a fee 
determination, or requests for authorization by any entity found to be 
delinquent in its debt to the Commission (see Sec.  1.1901(j)), unless 
otherwise provided for in this regulation, e.g., 47 CFR 1.1928 
(employee petition for a hearing). The entity will be informed that 
action will be withheld on the application until full payment or 
arrangement to pay any non-tax delinquent debt owed to the Commission 
is made and/or that the application may be dismissed. See the 
provisisons of Sec. Sec.  1.1108, 1.1109, 1.1116 and 1.1118. Any 
Commission action taken prior to the payment of delinquent non-tax debt 
owed to the Commission is contingent and subject to recission. Failure 
to make payment on any delinquent debt is subject to collection of the 
debt, including interest thereon, any associated penalties, and the 
full cost of collection to the Federal government pursuant to the 
provisions of the Debt Collection Improvement Act, 31 U.S.C. 3717.

[[Page 57231]]

    (3) If a delinquency has not been paid or the debtor has not made 
other satisfactory arrangements within 30 days of the date of the 
notice provided pursuant to paragraph (b)(2) of this section, the 
application or request for authorization will be dismissed.
    (i) The provisions of paragraphs (b)(2) and (b)(3) of this section 
will not apply if the applicant has timely filed a challenge through an 
administrative appeal or a contested judicial proceeding either to the 
existence or amount of the non-tax delinquent debt owed the Commission.
    (ii) The provisions of paragraphs (b)(2) and (b)(3) of this section 
will not apply where more restrictive rules govern treatment of 
delinquent debtors, such as 47 CFR 1.2105(a)(2)(x) and (xi).
    (c)(1) Applications for emergency or special temporary authority 
involving safety of life or property (including national security 
emergencies) or involving a brief transition period facilitating 
continuity of service to a substantial number of customers or end 
users, will not be subject to the provisions of paragraphs (a) and (b) 
of this section. However, paragraphs (a) and (b) will be applied to 
permanent authorizations for these services.
    (2) Provisions of paragraph (a) and (b) of this section will not 
apply to application or requst for authorization to which 11 U.S.C. 
525(a) is applicable.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-21412 Filed 9-23-04; 8:45 am]
BILLING CODE 6712-01-P