§  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.

   return arrow Back to Top