ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

47 U.S.C. § 159aProvisions applicable to application and regulatory fees

submitted 92 years ago by Pub. L. 115-141 to r/title-47-TELECOMMUNICATIONS · 691 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section adds rules for how the FCC handles its application and regulatory fees. Late payers face a 25 percent penalty plus interest, and the FCC can dismiss filings or revoke licenses for nonpayment. Fee changes themselves can't be challenged in court.

(a) Judicial review prohibited: Nobody can get judicial review of any fee-schedule adjustment or amendment the Commission makes under section 158(b), 158(c), 159(c), or 159(d). (b) Notice to Congress: The Commission must notify Congress: (1) immediately after adopting any adjustment under section 158(b) or 159(c); and (2) at least 90 days before any amendment under section 158(c) or 159(d) takes effect. (c) Enforcement: (1) Penalties for late payment: The Commission must set, by rule, an extra penalty for paying application or regulatory fees late — 25 percent of the unpaid amount. (2) Interest on unpaid fees and penalties: The Commission must also charge interest on any late fee or penalty, at the rate set under section 3717 of title 31 (though that section's other rules don't otherwise apply here). (3) Dismissal of applications or filings: The Commission can dismiss any application or filing if the required fee, interest, or penalty isn't paid on time. (4) Revocations: (A) In general: Instead of, or in addition to, dismissing filings or imposing penalties, the Commission can revoke a license if the licensee hasn't paid a regulatory fee, interest, or penalty on time. (B) Notice: Before revoking, the Commission must send the licensee written notice by registered mail to their last known address, giving them at least 30 days to either pay up or show cause why they shouldn't have to pay, or why payment should be waived or delayed. (C) Hearing: (i) Generally not required: The Commission only has to hold a hearing if the licensee's response raises a real, material factual dispute. (ii) Evidence and burdens: If a hearing does happen, it relies only on written evidence, and the licensee carries the burden of presenting evidence and proving its case. (iii) Costs: If the licensee doesn't substantially win the hearing, the Commission can charge the licensee for the hearing's costs. (D) Opportunity to pay prior to revocation: Any Commission order under this process must state the amount owed and give the licensee at least 30 more days to pay before losing the license. (E) Finality: A revocation order doesn't become final until the licensee has used up its right to judicial review under section 402(b)(5). (d) Waiver, reduction, and deferment: The Commission can waive, reduce, or delay a fee, interest charge, or penalty in individual cases, for good cause, if doing so serves the public interest. (e) Payment rules: The Commission must allow, by rule: (1) installment payments for large fees; and (2) advance payment, for up to the length of the license term, for small fees. (f) Accounting system: The Commission must build the accounting systems needed to carry out the fee amendments authorized under sections 158(c) and 159(d).
the actual law source: uscode.house.gov ↗public domain
(a) Judicial review prohibited

Any adjustment or amendment to a schedule of fees under subsection (b) or (c) of section 158 of this title or subsection (c) or (d) of section 159 of this title is not subject to judicial review.

(b) Notice to Congress

The Commission shall transmit to Congress notification—

(1)

of any adjustment under section 158(b) or 159(c) of this title immediately upon the adoption of such adjustment; and

(2)

of any amendment under section 158(c) or 159(d) of this title not later than 90 days before the effective date of such amendment.

(c) Enforcement
(1) Penalties for late payment

The Commission shall by rule prescribe an additional penalty for late payment of fees under section 158 or 159 of this title. Such additional penalty shall be 25 percent of the amount of the fee that was not paid in a timely manner.

(2) Interest on unpaid fees and penalties

The Commission shall charge interest, at a rate determined under section 3717 of title 31, on a fee under section 158 or 159 of this title or an additional penalty under this subsection that is not paid in a timely manner. Such section 3717 shall not otherwise apply with respect to such a fee or penalty.

(3) Dismissal of applications or filings

The Commission may dismiss any application or other filing for failure to pay in a timely manner any fee under section 158 or 159 of this title or any interest or additional penalty under this subsection.

(4) Revocations
(A) In general

In addition to or in lieu of the penalties and dismissals authorized by this subsection, the Commission may revoke any instrument of authorization held by any licensee that has not paid in a timely manner a regulatory fee assessed under section 159 of this title or any related interest or penalty.

(B) Notice

Revocation action may be taken by the Commission under this paragraph after notice of the Commission’s intent to take such action is sent to the licensee by registered mail, return receipt requested, at the licensee’s last known address. The notice shall provide the licensee at least 30 days to either pay the fee, interest, and any penalty or show cause why the fee, interest, or penalty does not apply to the licensee or should otherwise be waived or payment deferred.

(C) Hearing
(i) Generally not required

A hearing is not required under this paragraph unless the licensee’s response presents a substantial and material question of fact.

(ii) Evidence and burdens

In any case where a hearing is conducted under this paragraph, the hearing shall be based on written evidence only, and the burden of proceeding with the introduction of evidence and the burden of proof shall be on the licensee.

(iii) Costs

Unless the licensee substantially prevails in the hearing, the Commission may assess the licensee for the costs of such hearing.

(D) Opportunity to pay prior to revocation

Any Commission order adopted under this paragraph shall determine the amount due, if any, and provide the licensee with at least 30 days to pay that amount or have its authorization revoked.

(E) Finality

No order of revocation under this paragraph shall become final until the licensee has exhausted its right to judicial review of such order under section 402(b)(5) of this title.

(d) Waiver, reduction, and deferment

The Commission may waive, reduce, or defer payment of a fee under section 158 or 159 of this title or an interest charge or penalty under this section in any specific instance for good cause shown, where such action would promote the public interest.

(e) Payment rules

The Commission shall by rule permit payment—

(1)

in the case of fees under section 158 or 159 of this title in large amounts, by installments; and

(2)

in the case of fees under section 158 or 159 of this title in small amounts, in advance for a number of years not to exceed the term of the license held by the payor.

(f) Accounting system

The Commission shall develop accounting systems necessary to make the amendments authorized by sections 158(c) and 159(d) of this title.

Source credit: (June 19, 1934, ch. 652, title I, § 9A, as added Pub. L. 115–141, div. P, title I, § 102(c), Mar. 23, 2018, 132 Stat. 1084.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 115-141 · 132 Stat. 1084

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-141 on 1934-06-19.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case