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FCC 1.2112
Revised as of October 1, 2010
Goto Year:2009 |
2011
§ 1.2112 Ownership disclosure requirements for applications.
(a) Each application to participate in competitive bidding ( i.e.,
short-form application ( see 47 CFR 1.2105)), or for a license,
authorization, assignment, or transfer of control shall fully disclose
the following:
(1) List the real party or parties in interest in the applicant or
application, including a complete disclosure of the identity and
relationship of those persons or entities directly or indirectly owning
or controlling (or both) the applicant;
(2) List the name, address, and citizenship of any party holding 10
percent or more of stock in the applicant, whether voting or nonvoting,
common or preferred, including the specific amount of the interest or
percentage held;
(3) List, in the case of a limited partnership, the name, address and
citizenship of each limited partner whose interest in the applicant is
10 percent or greater (as calculated according to the percentage of
equity paid in or the percentage of distribution of profits and
losses);
(4) List, in the case of a general partnership, the name, address and
citizenship of each partner, and the share or interest participation in
the partnership;
(5) List, in the case of a limited liability company, the name,
address, and citizenship of each of its members whose interest in the
applicant is 10 percent or greater;
(6) List all parties holding indirect ownership interests in the
applicant as determined by successive multiplication of the ownership
percentages for each link in the vertical ownership chain, that equals
10 percent or more of the applicant, except that if the ownership
percentage for an interest in any link in the chain exceeds 50 percent
or represents actual control, it shall be treated and reported as if it
were a 100 percent interest; and
(7) List any FCC-regulated entity or applicant for an FCC license, in
which the applicant or any of the parties identified in paragraphs
(a)(1) through (a)(5) of this section, owns 10 percent or more of
stock, whether voting or nonvoting, common or preferred. This list must
include a description of each such entity's principal business and a
description of each such entity's relationship to the applicant (e.g.,
Company A owns 10 percent of Company B (the applicant) and 10 percent
of Company C, then Companies A and C must be listed on Company B's
application, where C is an FCC licensee and/or license applicant).
(b) Designated entity status. In addition to the information required
under paragraph (a) of this section, each applicant claiming
eligibility for small business provisions shall disclose the following:
(1) On its application to participate in competitive bidding ( i.e.,
short-form application (see 47 CFR 1.2105)):
(i) List the names, addresses, and citizenship of all officers,
directors, affiliates, and other controlling interests of the
applicant, as described in § 1.2110, and, if a consortium of small
businesses or consortium of very small businesses, the members of the
conglomerate organization;
(ii) List any FCC-regulated entity or applicant for an FCC license, in
which any controlling interest of the applicant owns a 10 percent or
greater interest or a total of 10 percent or more of any class of
stock, warrants, options or debt securities. This list must include a
description of each such entity's principal business and a description
of each such entity's relationship to the applicant; and
(iii) List and summarize all agreements or instruments (with
appropriate references to specific provisions in the text of such
agreements and instruments) that support the applicant's eligibility as
a small business under the applicable designated entity provisions,
including the establishment of de facto or de jure control or the
presence or absence of impermissible and attributable material
relationships. Such agreements and instruments include articles of
incorporation and bylaws, partnership agreements, shareholder
agreements, voting or other trust agreements, management agreements,
franchise agreements, spectrum leasing arrangements, spectrum resale
(including wholesale) arrangements, and any other relevant agreements
(including letters of intent), oral or written;
(iv) List separately and in the aggregate the gross revenues, computed
in accordance with § 1.2110, for each of the following: The applicant,
its affiliates, its controlling interests, the affiliates of its
controlling interests, and the entities with which it has an
attributable material relationship; and if a consortium of small
businesses, the members comprising the consortium.
(2) As an exhibit to its application for a license, authorization,
assignment, or transfer of control:
(i) List the names, addresses, and citizenship of all officers,
directors, and other controlling interests of the applicant, as
described in § 1.2110;
(ii) List any FCC-regulated entity or applicant for an FCC license, in
which any controlling interest of the applicant owns a 10 percent or
greater interest or a total of 10 percent or more of any class of
stock, warrants, options or debt securities. This list must include a
description of each such entity's principal business and a description
of each such entity's relationship to the applicant;
(iii) List and summarize all agreements or instruments (with
appropriate references to specific provisions in the text of such
agreements and instruments) that support the applicant's eligibility as
a small business under the applicable designated entity provisions,
including the establishment of de facto or de jure control or the
presence or absence of impermissible and attributable material
relationships. Such agreements and instruments include articles of
incorporation and bylaws, partnership agreements, shareholder
agreements, voting or other trust agreements, management agreements,
franchise agreements, spectrum leasing arrangements, spectrum resale
(including wholesale) arrangements, and any other relevant agreements
(including letters of intent), oral or written;
(iv) List and summarize any investor protection agreements, including
rights of first refusal, supermajority clauses, options, veto rights,
and rights to hire and fire employees and to appoint members to boards
of directors or management committees;
(v) List separately and in the aggregate the gross revenues, computed
in accordance with § 1.2110, for each of the following: the applicant,
its affiliates, its controlling interests, affiliates of its
controlling interests, and parties with which it has attributable
material relationships; and if a consortium of small businesses, the
members comprising the consortium; and
(vi) List and summarize, if seeking the exemption for rural telephone
cooperatives pursuant to § 1.2110, all documentation to establish
eligibility pursuant to the factors listed under
§ 1.2110(b)(3)(iii)(A).
(vii) List and summarize any agreements in which the applicant has
entered into arrangements for the lease or resale (including wholesale
agreements) of any of the spectrum capacity of the license that is the
subject of the application.
[ 68 FR 42997 , July 21, 2003, as amended at 70 FR 57187 , Sept. 30, 2005;
71 FR 26253 , May 4, 2006]
Goto Section: 1.2111 | 1.2113
Goto Year: 2009 |
2011
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