§ 1.2112   Ownership disclosure requirements for applications.

   Link to an amendment published at  80 FR 56809 , September 18, 2015.

   (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
   attributable material relationships. Such agreements and instruments include
   articles of incorporation and by-laws, 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
   attributable material relationships. Such agreements and instruments include
   articles of incorporation and by-laws, 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;  77 FR 16471 , Mar. 21, 2012]

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