[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Rules and Regulations]
[Pages 3444-3446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1137]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[DA 08-2125]


Amendment of the Commission's Rules, Concerning Commission 
Organization, Practice and Procedure, Frequency Allocations and Radio 
Treaty Matters; General Rules and Regulations, Tariffs, Miscellaneous 
Rules Relating to Common Carriers, Radio Broadcast Services, and 
Stations in the Maritime Services

AGENCY: Federal Communications Commission.

ACTION: Correcting amendments.

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SUMMARY: In this document, we correct an inadvertent error by adding 
the text of two previously removed rules concerning attachment of 
charges and payment of charges, and correcting the typographical errors 
previously published.

DATES: Effective January 21, 2009.

FOR FURTHER INFORMATION CONTACT: Warren Firschein, Office of Managing 
Director at (202) 418-0844.

SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Erratum, DA 
08-2125, released on September 19, 2008.
    On January 25, 2008, the Managing Director released an Order, DA 
08-122, in the above-captioned proceeding and it was published in the 
Federal Register at 73 FR 9017, February 19, 2008. This Erratum 
corrects an inadvertent error by reinserting two rules that were 
eliminated and correcting typographical errors in the Appendix. 
Accordingly, this Erratum corrects the final regulations by revising 
these sections of the Order as indicated below.

    Note: All references to Sec. Sec.  1.1110 through Sec. Sec.  
1.1119 in the Commission's rules, which are now renumbered as 
Sec. Sec.  1.1112 through

[[Page 3445]]

Sec. Sec.  1.1121, are amended to reflect these changes.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
Anthony J. Dale,
Managing Director.

0
Accordingly, 47 CFR part 1 is corrected by making the following 
correcting amendments:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 303(r), and 309.


0
2. Re-designate Sec. Sec.  1.1110 through Sec. Sec.  1.1119 as 
Sec. Sec.  1.1112 through Sec. Sec.  1.1121, respectively.

0
3. Add Sec.  1.1110 to read as follows:


Sec.  1.1110  Attachment of charges.

    The charges required to accompany a request for the Commission's 
regulatory services listed in Sec. Sec.  1.1102 through 1.1109 of this 
subpart will not be refundable to the applicant irrespective of the 
Commission's disposition of that request. Return or refund of charges 
will be made only in certain limited instances as set out at Sec.  
1.1115 of this subpart.

0
4. Add Sec.  1.1111 to read as follows:


Sec.  1.1111  Payment of charges.

    (a) The schedule of fees for applications and other filings 
(Bureau/Office Fee Filing Guides) lists those applications and other 
filings that must be accompanied by an FCC Form 159, Remittance Advice' 
or the electronic version of the form, FCC Form 159-E, one of the forms 
that is automatically generated when an applicant accesses the 
Commission's on-line filing and payment process.
    (b) Applicants may access the Commission's on-line filing (http://www.fcc.gov/e-file.html) and fee payment program by accessing (http://www.fcc.gov/feefiler.html). Applicants who use the on-line process will 
be directed to the appropriate electronic application and payment forms 
for completion and submission of the required application(s) and 
payment information.
    (c) Applications and other filings that are not submitted in 
accordance with these instructions will be returned as unprocessable.

    Note to paragraph (c): This requirement for the simultaneous 
submission of fee forms with applications or other filings does not 
apply to the payment of fees for which the Commission has 
established a billing process. See Sec.  1.1121 of this subpart.

    (d) Applications returned to applicants for additional information 
or corrections will not require an additional fee when resubmitted, 
unless the additional information results in an increase of the 
original fee amount. Those applications not requiring an additional fee 
should be resubmitted directly to the Bureau/Office requesting the 
additional information. The original fee will be forfeited if the 
additional information or corrections are not resubmitted to the 
appropriate Bureau/Office by the prescribed deadline. A forfeited 
application fee will not be refunded. If an additional fee is required, 
the original fee will be returned and the application must be 
resubmitted with a new remittance in the amount of the required fee to 
the Commission's lockbox bank. Applicants should attach a copy of the 
Commission's request for additional or corrected information to their 
resubmission.
    (1) If the Bureau/Office staff discovers within 30 days after the 
resubmission that the required fee was not submitted, the application 
will be dismissed.
    (2) If after 30 days the Bureau/Office staff discovers the required 
fee has not been paid, the application will be retained and a 25 
percent late fee will be assessed on the deficient amount even if the 
Commission has completed its action on the application. Any Commission 
actions taken prior to timely payment of these charges are contingent 
and subject to recession.
    (e) Should the staff change the status of an application, resulting 
in an increase in the fee due, the applicant will be billed for the 
remainder under the conditions established by Sec.  1.1118(b) of the 
rules.

    Note to paragraph (e): Due to the statutory requirements 
applicable to tariff filings, the procedures for handling tariff 
filings may vary from the procedures set out in the rules.


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5. Amend newly re-designated Sec.  1.1112 by revising paragraph (a)(2) 
to read as follows:


Sec.  1.1112  Form of payment.

    (a) * * *
    (2) It is the responsibility of the payer to insure that any 
electronic payment is made in the manner required by the Commission. 
Failure to comply with the Commission's procedures will result in the 
return of the application or other filing.
* * * * *

0
6. Amend newly re-designated Sec.  1.1113 by revising paragraphs (a) 
and (c) to read as follows:


Sec.  1.1113  Filing locations.

    (a) Except as noted in this section, applications and other 
filings, with attached fees and FCC Form 159, must be submitted to the 
locations and addresses set forth in Sec. Sec.  1.1102 through 1.1109.
    (1) Tariff filings shall be filed with the Secretary, Federal 
Communications Commission, Washington DC 20554. On the same day, the 
filer should submit a copy of the cover letter, the FCC Form 159, and 
the appropriate fee to the Commission's lockbox bank at the address 
established in Sec.  1.1105.
    (2) Bills for collection will be paid at the Commission's lockbox 
bank at the address of the appropriate service as established in 
Sec. Sec.  1.1102 through 1.1109, as set forth on the bill sent by the 
Commission. Payments must be accompanied by the bill sent by the 
Commission. Payments must be accompanied by the bill to ensure proper 
credit.
    (3) Petitions for reconsideration or applications for review of fee 
decisions pursuant to Sec.  1.1119(b) of this subpart must be 
accompanied by the required fee for the application or other filing 
being considered or reviewed.
    (4) Applicants claiming an exemption from a fee requirement for an 
application or other filing under 47 U.S.C. 158(d)(1) or Sec.  1.1116 
of this subpart shall file their applications in the appropriate 
location as set forth in the rules for the service for which they are 
applying, except that request for waiver accompanied by a tentative fee 
payment should be filed at the Commission's lockbox bank at the address 
for the appropriate service set forth in Sec. Sec.  1.1102 through 
1.1109.
* * * * *
    (c) Fees for applications and other filings pertaining to the 
Wireless Radio Services that are submitted electronically via ULS may 
be paid electronically or sent to the Commission's lock box bank 
manually. When paying manually, applicants must include the application 
file number (assigned by the ULS electronic filing system on FCC Form 
159) and submit such number with the payment in order for the 
Commission to verify that the payment was made. Manual payments must be 
received no later than ten (10) days after receipt of the application 
on ULS or the application will be dismissed. Payment received more than 
ten (10) days after electronic filing of an application on a Bureau/
Office

[[Page 3446]]

electronic filing system (e.g., ULS) will be forfeited (see Sec. Sec.  
1.934 and 1.1111.)
* * * * *

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7. In newly re-designated Sec.  1.1114, add and reserve paragraph 
(b)(1)(ii).

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8. In newly re-designated Sec.  1.1115, revise paragraph (a)(1) to read 
as follows:


Sec.  1.1115  Return or refund of charges.

    (a) * * *
    (1) When no fee is required for the application or other filing. 
(see Sec.  1.1111).
* * * * *

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9. In newly re-designated Sec.  1.1116, revise the introductory text to 
read as follows:


Sec.  1.1116  General exemptions to charges.

    No fee established in Sec. Sec.  1.1102 through 1.1109 of this 
subpart, unless otherwise qualified herein, shall be required for:
* * * * *

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10. In newly re-designated Sec.  1.1117, revise paragraph (a) 
introductory text to read as follows:


Sec.  1.1117  Adjustments to charges.

    (a) The Schedule of Charges established by Sec. Sec.  1.1102 
through 1.1109 of this subpart shall be reviewed by the Commission on 
October 1, 1999 and every two years thereafter, and adjustments made, 
if any, will be reflected in the next publication of Schedule of 
Charges.
* * * * *

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11. In newly re-designated Sec.  1.1118, revise paragraph (a) 
introductory text and paragraph (d) to read as follows:


Sec.  1.1118  Penalty for late or insufficient payments.

    (a) Filings subject to fees and accompanied by defective fee 
submissions will be dismissed under Sec.  1.1111 (d) of this subpart 
where the defect is discovered by the Commission's staff within 30 
calendar days from the receipt of the application or filing by the 
Commission.
* * * * *
    (d) Failure to submit fees, following notice to the applicant of 
failure to submit the required fee, is subject to collection of the 
fee, 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 of 1996 (DCIA), Public Law 104-
134, 110 Stat. 1321, 1358 (Apr. 26, 1996), codified at 31 U.S.C. 3711 
et seq. See 47 CFR 1.1901 through 1.1952. The debt collection processes 
described above may proceed concurrently with any other sanction in 
this paragraph.

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12. In newly re-designed Sec.  1.1119, revise paragraphs (c) 
introductory text and (e) to read as follows:


Sec.  1.1119  Petitions and applications for review.

* * * * *
    (c) Petitions for waivers, deferrals, fee determinations, 
reconsiderations and applications for review will be acted upon by the 
Managing Director with the concurrence of the General Counsel. All such 
filings within the scope of the fee rules shall be filed as a separate 
pleading and clearly marked to the attention of the Managing Director. 
Any such request that is not filed as a separate pleading will not be 
considered by the Commission. Requests for deferral of a fee payment 
for financial hardship must be accompanied by supporting documentation.
* * * * *
    (e) Applicants seeking waivers must submit the request for waiver 
with the application or filing, required fee and FCC Form 159, or a 
request for deferral. A petition for waiver and/or deferral of payment 
must be submitted to the Office of the Managing Director as specified 
in paragraph (c) of this section. Waiver requests that do not include 
these materials will be dismissed in accordance with Sec.  1.1111 of 
this subpart. Submitted fees will be returned if a waiver is granted. 
The Commission will not be responsible for delays in acting upon these 
requests.
* * * * *

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13. In newly re-designated Sec.  1.1120, revise paragraph (a) to read 
as follows:


Sec.  1.1120  Error claims.

    (a) Applicants who wish to challenge a staff determination of an 
insufficient fee or delinquent debt may do so in writing. A challenge 
to a determination that a party is delinquent in paying the full 
application fee must be accompanied by suitable proof that the fee had 
been paid or waived (or deferred from payment during the period in 
question), or by the required application payment and any assessment 
penalty payment (see Sec.  1.1118) of this subpart). Failure to comply 
with these procedures will result in dismissal of the challenge. These 
claims should be addressed to the Federal Communications Commission, 
Attention: Financial Operations, 445 12th St., SW., Washington, DC 
20554 or e-mailed to [email protected].
* * * * *

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14. In newly re-designated Sec.  1.1121, revise paragraph (b) to read 
as follows:


Sec.  1.1121  Billing procedures.

* * * * *
    (b) In these cases, the appropriate fee will be determined by the 
Commission and the filer will be billed for that fee. The bill will set 
forth the amount to be paid, the date on which payment is due, and the 
address to which the payment should be submitted. See also Sec.  1.1113 
of this subpart.

 [FR Doc. E9-1137 Filed 1-16-09; 8:45 am]
BILLING CODE 6712-01-P