Goto Section: 22.223 | 22.227 | Table of Contents

FCC 22.225
Revised as of
Goto Year:1996 | 1998
Sec. 22.225  Certifications, disclosures, records maintenance and 
          audits.

    (a) Short-form applications: certifications and disclosure. In 
addition to certifications and disclosures required by part 1, subpart 
Q, of this chapter, each applicant for a paging license which qualifies 
as a small business or consortium of small businesses shall append the 
following information as an exhibit to its FCC Form 175:
    (1) The identity of the applicant's controlling principals and 
affiliates, and, if a consortium of small businesses, the members in the 
joint venture; and
    (2) The applicant's gross revenues, computed in accordance with 
Sec. 22.223.
    (b) Long form applications: certifications and disclosure. Each 
applicant submitting a long-form application for a paging geographic 
area authorization and qualifying as a small business shall, in an 
exhibit to its long-form application:
    (1) Disclose separately and in the aggregate the gross revenues, 
computed in accordance with Sec. 22.223, for each of the following: the 
applicant, the applicant's affiliates, the applicant's controlling 
principals, and, if a consortium of small businesses, the members of the 
joint venture;
    (2) List and summarize all agreements or other 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 Secs. 22.217 through 22.223, including the 
establishment of de facto and de jure control; such agreements and 
instruments include, but are not limited to, articles of incorporation 
and bylaws, shareholder agreements, voting or other trust agreements, 
franchise

[[Page 125]]

agreements, and any other relevant agreements, including letters of 
intent, oral or written; and
    (3) 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.
    (c) Records maintenance. All winning bidders qualifying as small 
businesses shall maintain at their principal place of business an 
updated file of ownership, revenue, and asset information, including any 
documents necessary to establish eligibility as a small business and/or 
consortium of small businesses under Sec. 22.223. Licensees (and their 
successors-in-interest) shall maintain such files for the term of the 
license. Applicants that do not obtain the license(s) for which they 
applied shall maintain such files until the grant of such license(s) is 
final, or one year from the date of the filing of their short-form 
application (FCC Form 175), whichever is earlier.
    (d) Audits. (1) Applicants and licensees claiming eligibility as a 
small business or consortium of small businesses under Secs. 22.217 
through 22.223 shall be subject to audits by the Commission. Selection 
for audit may be random, on information, or on the basis of other 
factors.
    (2) Consent to such audits is part of the certification included in 
the short-form application (FCC Form 175). Such consent shall include 
consent to the audit of the applicant's or licensee's books, documents 
and other material (including accounting procedures and practices) 
regardless of form or type, sufficient to confirm that such applicant's 
or licensee's representations are, and remain, accurate. Such consent 
shall include inspection at all reasonable times of the facilities, or 
parts thereof, engaged in providing and transacting business, or keeping 
records regarding licensed paging service and shall also include consent 
to the interview of principals, employees, customers and suppliers of 
the applicant or licensee.
    (e) Definitions. The terms affiliate, small business, consortium of 
small businesses, and gross revenues, used in this section are defined 
in Sec. 22.223.


Goto Section: 22.223 | 22.227

Goto Year: 1996 | 1998
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