Sec.  1.2112   Ownership disclosure requirements for applications.

   Link to an amendment published at  70 FR 57187 , Sept. 29, 2005.

   (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  Sec. 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 separately and in the aggregate the gross revenues, computed in
   accordance with  Sec. 1.2110, for each of the following: The applicant, its
   affiliates, its controlling interests, and affiliates of its controlling
   interests; 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  Sec. 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; such agreements and
   instruments include articles of incorporation and bylaws, shareholder
   agreements, voting or other trust agreements, franchise agreements, 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  Sec. 1.2110, for each of the following: the applicant, its
   affiliates, its controlling interests, and affiliates of its controlling
   interests; 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  Sec. 1.2110, all documentation to establish eligibility
   pursuant to the four factors listed under  Sec. 1.2110(b)(3)(iii).

   [ 68 FR 42997 , July 21, 2003]