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B-193410 1 (1978-12-26)

handle is hein.gao/gaobacuom0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 IuN RPY B-193410 OFFICE OF GENERAL COUNSEL REFER TO: f'6fvjes AF~c~,y ~otaer~ .S t December '26,71978 Mr. Thomas P. Campbell Chief, Financial Management Division Federal Communications Commission DLGoof3 1919 M Street, NW - Room 848 Washington, D.C. 20554 Dear Mr. Campbell: We appreciated the opportunity'to meet last Wednesday with you and other members of the Commission staff concerning the Commission's proposed refund procedures for excess license fee collections. The following summarizes briefly the points addressed and our understanding of the resolutions reached at our meeting. First, we expressed our concern over the Commission's original proposal that refund requests which it does not receive within one year could be submitted to the General Accounting Office as claims. We view the refund procedure, which stems directly from judicial decisions instructing the Commission to recalculate 1970-1976 fees and to make appro- priate refunds, as essentially a matter between the courts and the Commission. It was not envisioned to operate as a claims procedure subject to our settlement functions under 31 U.S.C. §71. */ Submission of refund requests to GAO as claims` is also wholly impracticable. As we explained, our Claims Division would have to refer back to the Commission each request for a factual and legal analysis. In other words, the Commission would still have to go through the same pro- cess as it does in handling the requests directly. Thus the end result of the proposal would be to merely compound the administrative burden and cost to the Government, as well as making it more difficult for licensees to get their refunds. w/ See in this regard, National Ass'n of Broadcasters v. Federal Communications Commission, 554 F.2d 1118, 1122 at fn. 3 (D.C. Cir. 1976).

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