Goto Section: 1.9048 | 1.9055 | Table of Contents
FCC 1.9050
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.9050 Who may sign spectrum leasing notifications and applications.
Under the rules set forth in this subpart, certain notifications and
applications to the Commission must be filed by licensees and spectrum
lessees that enter into spectrum leasing arrangements. In addition, the
rules require that certain notifications and applications be filed by the
licensee and/or the spectrum lessee after they have entered into such
arrangements. Whether the signature of the licensee, the spectrum lessee, or
both, is required will depend on the particular notification or application
involved, and whether the leasing arrangement concerns a spectrum manager
leasing arrangement or a de facto transfer leasing arrangement.
(a) Except as provided in paragraph (b) of this section, the notifications,
applications, amendments, and related statements of fact required by the
Commission (including certifications) must be signed as follows (either
electronically or manually, see paragraph (d) of this section):
(1) By the licensee or spectrum lessee, if an individual;
(2) By one of the partners if the licensee or lessee is a partnership;
(3) By an officer, director, or duly authorized employee, if the licensee or
lessee is a corporation; or
(4) By a member who is an officer, if the licensee or lessee is an
unincorporated association.
(b) Notifications, applications, amendments, and related statements of fact
required by the Commission may be signed by the licensee or spectrum
lessee's attorney in case of the licensee's or lessee's physical disability
or absence from the United States. The attorney shall, when applicable,
separately set forth the reason why the application is not signed by the
licensee or lessee. In addition, if any matter is stated on the basis of the
attorney's belief only (rather than knowledge), the attorney shall
separately set forth the reasons for believing that such statements are
true. Only the original of notifications, applications, amendments, and
related statements of fact need be signed.
(c) Notifications, applications, amendments, and related statements of fact
need not be signed under oath. Willful false statements made therein,
however, are punishable by fine and imprisonment ( see 18 U.S.C. section
1001), and by appropriate administrative sanctions, including revocation of
license pursuant to section 312(a)(1) of the Communications Act of 1934 or
revocation of the spectrum leasing arrangement.
(d) “Signed,” as used in this section, means, for manually filed
notifications and applications only, an original hand-written signature or,
for electronically filed notifications and applications only, an electronic
signature. An electronic signature shall consist of the name of the licensee
or spectrum lessee transmitted electronically via ULS and entered on the
application as a signature.
Goto Section: 1.9048 | 1.9055
Goto Year: 2007 |
2009
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