Goto Section: 1.2001 | 1.2003 | Table of Contents
FCC 1.2002
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.2002 Applicants required to submit information.
(a) In order to be eligible for any new, modified, and/or renewed instrument
of authorization from the Commission, including but not limited to,
authorizations issued pursuant to sections 214, 301, 302, 303(1), 308,
310(d), 318, 319, 325(b), 351, 361(b), 362(b), 381, and 385 of the
Communications Act of 1934, as amended, by whatever name that instrument may
be designated, all applicants shall certify that neither the applicant nor
any party to the application is subject to a denial of Federal benefits that
includes FCC benefits pursuant to section 5301 of the Anti-Drug Abuse Act of
1988. 21 U.S.C. 862. If a section 5301 certification has been incorporated
into the FCC application form being filed, the applicant need not submit a
separate certification. If a section 5301 certification has not been
incorporated into the FCC application form being filed, the applicant shall
be deemed to have certified by signing the application, unless an exhibit is
included stating that the signature does not constitute such a certification
and explaining why the applicant is unable to certify. If no FCC application
form is involved, the applicant must attach a certification to its written
application. If the applicant is unable to so certify, the applicant shall
be ineligible for the authorization for which it applied, and will have 90
days from the filing of the application to comply with this rule. If a
section 5301 certification has been incorporated into the FCC application
form, failure to respond to the question concerning certification shall
result in dismissal of the application pursuant to the relevant processing
rules.
(b) A party to the application, as used in paragraph (a) of this section
shall include:
(1) If the applicant is an individual, that individual;
(2) If the applicant is a corporation or unincorporated association, all
officers, directors, or persons holding 5% or more of the outstanding stock
or shares (voting and/or non-voting) of the applicant; and
(3) If the applicant is a partnership, all non-limited partners and any
limited partners holding a 5% or more interest in the partnership.
(c) The provisions of paragraphs (a) and (b) of this section are not
applicable to the Amateur Radio Service, the Citizens Band Radio Service,
the Radio Control Radio Service, to users in the Public Mobile Services and
the Private Radio Services that are not individually licensed by the
Commission, or to Federal, State or local governmental entities or
subdivisions thereof.
(d) The provisions of paragraphs (a) and (b) of this section are applicable
to spectrum lessees ( see Sec. 1.9003 of subpart X of this part) engaged in
spectrum manager leasing arrangements and de facto transfer leasing
arrangements pursuant to the rules set forth in subpart X of this part.
[ 57 FR 187 , Jan. 3, 1992, as amended at 58 FR 8701 , Feb. 17, 1993; 60 FR 39269 , Aug. 2, 1995; 68 FR 66277 , Nov. 25, 2003]
Goto Section: 1.2001 | 1.2003
Goto Year: 2007 |
2009
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