Goto Section: 1.5000 | 1.5002 | Table of Contents
FCC 1.5001
Revised as of October 1, 2020
Goto Year:2019 |
2021
§ 1.5001 Contents of petitions for declaratory ruling under section 310(b)
of the Communications Act of 1934, as amended.
The petition for declaratory ruling required by § 1.5000(a)(1) and/or
(2) shall contain the following information:
(a) With respect to each petitioning applicant or licensee, provide its
name; FCC Registration Number (FRN); mailing address; place of
organization; telephone number; facsimile number (if available);
electronic mail address (if available); type of business organization
(e.g., corporation, unincorporated association, trust, general
partnership, limited partnership, limited liability company, trust,
other (include description of legal entity)); name and title of officer
certifying to the information contained in the petition.
(b) If the petitioning applicant or licensee is represented by a third
party (e.g., legal counsel), specify that individual's name, the name
of the firm or company, mailing address and telephone number/electronic
mail address.
(c)(1) For each named licensee, list the type(s) of radio service
authorized (e.g., broadcast service, cellular radio telephone service;
microwave radio service; mobile satellite service; aeronautical fixed
service). In the case of broadcast licensees, also list the call sign,
facility identification number (if applicable), and community of
license or transmit site for each authorization covered by the
petition.
(2) If the petition is filed in connection with an application for a
radio station license or a spectrum leasing arrangement, or an
application to acquire a license or spectrum leasing arrangement by
assignment or transfer of control, specify for each named applicant:
(i) The File No(s). of the associated application(s), if available at
the time the petition is filed; otherwise, specify the anticipated
filing date for each application; and
(ii) The type(s) of radio services covered by each application (e.g.,
broadcast service, cellular radio telephone service; microwave radio
service; mobile satellite service; aeronautical fixed service).
(d) With respect to each petitioner, include a statement as to whether
the petitioner is requesting a declaratory ruling under § 1.5000(a)(1)
and/or (2).
(e) Disclosable interest holders--direct U.S. or foreign interests in
the controlling U.S. parent. Paragraphs (e)(1) through (4) of this
section apply only to petitions filed under § 1.5000(a)(1) and/or (2)
for common carrier, aeronautical en route, and aeronautical fixed radio
station applicants or licensees, as applicable. Petitions filed under
§ 1.5000(a)(1) for broadcast licensees shall provide the name of any
individual or entity that holds, or would hold, directly, an
attributable interest in the controlling U.S. parent of the petitioning
broadcast station applicant(s) or licensee(s), as defined in the Notes
to § 73.3555 of this chapter. Where no individual or entity holds, or
would hold, directly, an attributable interest in the controlling U.S.
parent (for petitions filed under § 1.5000(a)(1)), the petition shall
specify that no individual or entity holds, or would hold, directly, an
attributable interest in the U.S. parent, applicant(s), or licensee(s).
(1) Direct U.S. or foreign interests of ten percent or more or a
controlling interest. With respect to petitions filed under
§ 1.5000(a)(1), provide the name of any individual or entity that holds,
or would hold, directly 10 percent or more of the equity interests
and/or voting interests, or a controlling interest, in the controlling
U.S. parent of the petitioning common carrier or aeronautical radio
station applicant(s) or licensee(s) as specified in paragraphs
(e)(4)(i) through (iv) of this section.
(2) Direct U.S. or foreign interests of ten percent or more or a
controlling interest. With respect to petitions filed under
§ 1.5000(a)(2), provide the name of any individual or entity that holds,
or would hold, directly 10 percent or more of the equity interests
and/or voting interests, or a controlling interest, in each petitioning
common carrier applicant or licensee as specified in paragraphs
(e)(4)(i) through (iv) of this section.
(3) Where no individual or entity holds, or would hold, directly 10
percent or more of the equity interests and/or voting interests, or a
controlling interest, in the controlling U.S. parent (for petitions
filed under § 1.5000(a)(1)) or in the applicant or licensee (for
petitions filed under § 1.5000(a)(2)), the petition shall state that no
individual or entity holds or would hold directly 10 percent or more of
the equity interests and/or voting interests, or a controlling
interest, in the U.S. parent, applicant or licensee.
(4)(i) Where a named U.S. parent, applicant, or licensee is organized
as a corporation, provide the name of any individual or entity that
holds, or would hold, 10 percent or more of the outstanding capital
stock and/or voting stock, or a controlling interest.
(ii) Where a named U.S. parent, applicant, or licensee is organized as
a general partnership, provide the names of the partnership's
constituent general partners.
(iii) Where a named U.S. parent, applicant, or licensee is organized as
a limited partnership or limited liability partnership, provide the
name(s) of the general partner(s) (in the case of a limited
partnership), any uninsulated partner, regardless of its equity
interest, and any insulated partner with an equity interest in the
partnership of at least 10 percent (calculated according to the
percentage of the partner's capital contribution). With respect to each
named partner (other than a named general partner), the petitioner
shall state whether the partnership interest is insulated or
uninsulated, based on the insulation criteria specified in § 1.5003.
(iv) Where a named U.S. parent, applicant, or licensee is organized as
a limited liability company, provide the name(s) of each uninsulated
member, regardless of its equity interest, any insulated member with an
equity interest of at least 10 percent (calculated according to the
percentage of its capital contribution), and any non-equity manager(s).
With respect to each named member, the petitioner shall state whether
the interest is insulated or uninsulated, based on the insulation
criteria specified in § 1.5003, and whether the member is a manager.
Note to paragraph (e): The Commission presumes that a general partner
of a general partnership or limited partnership has a controlling (100
percent) voting interest in the partnership. A general partner shall in
all cases be deemed to hold an uninsulated interest in the partnership.
(f) Disclosable interest holders--indirect U.S. or foreign interests in
the controlling U.S. parent. Paragraphs (f)(1) through (3) of this
section apply only to petitions filed under § 1.5000(a)(1) and/or
§ 1.5000(a)(2) for common carrier, aeronautical en route, and
aeronautical fixed radio station applicants or licensees, as
applicable. Petitions filed under § 1.5000(a)(1) for broadcast licensees
shall provide the name of any individual or entity that holds, or would
hold, indirectly, an attributable interest in the controlling U.S.
parent of the petitioning broadcast station applicant(s) or
licensee(s), as defined in the Notes to § 73.3555 of this chapter. Where
no individual or entity holds, or would hold, indirectly, an
attributable interest in the controlling U.S. parent (for petitions
filed under § 1.5000(a)(1)), the petition shall specify that no
individual or entity holds, or would hold, indirectly, an attributable
interest in the U.S. parent, applicant(s), or licensee(s).
(1) Indirect U.S. or foreign interests of 10 percent or more or a
controlling interest. With respect to petitions filed under
§ 1.5000(a)(1), provide the name of any individual or entity that holds,
or would hold, indirectly, through one or more intervening entities, 10
percent or more of the equity interests and/or voting interests, or a
controlling interest, in the controlling U.S. parent of the petitioning
common carrier or aeronautical radio station applicant(s) or
licensee(s). Equity interests and voting interests held indirectly
shall be calculated in accordance with the principles set forth in
§ 1.5002.
(2) Indirect U.S. or foreign interests of 10 percent or more or a
controlling interest. With respect to petitions filed under
§ 1.5000(a)(2), provide the name of any individual or entity that holds,
or would hold, indirectly, through one or more intervening entities, 10
percent or more of the equity interests and/or voting interests, or a
controlling interest, in the petitioning common carrier radio station
applicant(s) or licensee(s). Equity interests and voting interests held
indirectly shall be calculated in accordance with the principles set
forth in § 1.5002.
(3) Where no individual or entity holds, or would hold, indirectly 10
percent or more of the equity interests and/or voting interests, or a
controlling interest, in the controlling U.S. parent (for petitions
filed under § 1.5000(a)(1)) or in the petitioning applicant(s) or
licensee(s) (for petitions filed under § 1.5000(a)(2)), the petition
shall specify that no individual or entity holds indirectly 10 percent
or more of the equity interests and/or voting interests, or a
controlling interest, in the U.S. parent, applicant(s), or licensee(s).
Note to paragraph (f): The Commission presumes that a general partner
of a general partnership or limited partnership has a controlling
interest in the partnership. A general partner shall in all cases be
deemed to hold an uninsulated interest in the partnership.
(g)(1) Citizenship and other information for disclosable interests in
common carrier, aeronautical en route, and aeronautical fixed radio
station applicants and licensees. For each 10 percent interest holder
named in response to paragraphs (e) and (f) of this section, specify
the equity interest held and the voting interest held (each to the
nearest one percent); in the case of an individual, his or her
citizenship; and in the case of a business organization, its place of
organization, type of business organization (e.g., corporation,
unincorporated association, trust, general partnership, limited
partnership, limited liability company, trust, other (include
description of legal entity)), and principal business(es).
(2) Citizenship and other information for disclosable interests in
broadcast station applicants and licensees. For each attributable
interest holder named in response to paragraphs (e) and (f) of this
section, describe the nature of the attributable interest and, if
applicable, specify the equity interest held and the voting interest
held (each to the nearest one percent); in the case of an individual,
his or her citizenship; and in the case of a business organization, its
place of organization, type of business organization (e.g.,
corporation, unincorporated association, trust, general partnership,
limited partnership, limited liability company, trust, other (include
description of legal entity)), and principal business(es).
(h)(1) Estimate of aggregate foreign ownership. For petitions filed
under § 1.5000(a)(1), attach an exhibit that provides a percentage
estimate of the controlling U.S. parent's aggregate direct and/or
indirect foreign equity interests and its aggregate direct and/or
indirect foreign voting interests. For petitions filed under
§ 1.5000(a)(2), attach an exhibit that provides a percentage estimate of
the aggregate foreign equity interests and aggregate foreign voting
interests held directly in the petitioning applicant(s) and/or
licensee(s), if any, and the aggregate foreign equity interests and
aggregate foreign voting interests held indirectly in the petitioning
applicant(s) and/or licensee(s). The exhibit required by this paragraph
must also provide a general description of the methods used to
determine the percentages, and a statement addressing the circumstances
that prompted the filing of the petition and demonstrating that the
public interest would be served by grant of the petition.
(2) Ownership and control structure. Attach an exhibit that describes
the ownership and control structure of the applicant(s) and/or
licensee(s) that are the subject of the petition, including an
ownership diagram and identification of the real party-in-interest
disclosed in any companion applications. The ownership diagram should
illustrate the petitioner's vertical ownership structure, including the
controlling U.S. parent named in the petition (for petitions filed
under § 1.5000(a)(1)) and either:
(i) For common carrier, aeronautical en route, and aeronautical fixed
radio station applicants and licensees, the direct and indirect
ownership (equity and voting) interests held by the individual(s)
and/or entity(ies) named in response to paragraphs (e) and (f) of this
section; or
(ii) For broadcast station applicants and licensees, the attributable
interest holders named in response to paragraphs (e) and (f) of this
section. Each such individual or entity shall be depicted in the
ownership diagram and all controlling interests labeled as such. Where
the petition includes multiple petitioners, the ownership of all
petitioners may be depicted in a single ownership diagram or in
multiple diagrams.
(i) Requests for specific approval. Provide, as required or permitted
by this paragraph, the name of each foreign individual and/or entity
for which each petitioner requests specific approval, if any, and the
respective percentages of equity and/or voting interests (to the
nearest one percent) that each such foreign individual or entity holds,
or would hold, directly and/or indirectly, in the controlling U.S.
parent of the petitioning broadcast, common carrier or aeronautical
radio station applicant(s) or licensee(s) for petitions filed under
§ 1.5000(a)(1), and in each petitioning common carrier applicant or
licensee for petitions filed under § 1.5000(a)(2).
(1) Each petitioning broadcast, common carrier or aeronautical radio
station applicant or licensee filing under § 1.5000(a)(1) shall identify
and request specific approval for any foreign individual, entity, or
group of such individuals or entities that holds, or would hold,
directly and/or indirectly, more than 5 percent of the equity and/or
voting interests, or a controlling interest, in the petitioner's
controlling U.S. parent unless the foreign investment is exempt under
paragraph (i)(3) of this section. Equity and voting interests held
indirectly in the petitioner's controlling U.S. parent shall be
calculated in accordance with the principles set forth in § § 1.5002 and
1.5003. Equity and voting interests held directly in a petitioner's
controlling U.S. parent that is organized as a partnership or limited
liability company shall be calculated in accordance with Note 1 to
paragraph (i)(3)(ii)(C) of this section.
Note to paragraph (i)(1): Solely for the purpose of identifying foreign
interests that require specific approval under this paragraph (i),
broadcast station applicants and licensees filing petitions under
§ 1.5000(a)(1) should calculate equity and voting interests in
accordance with the principles set forth in § § 1.5002 and 1.5003 and not
as set forth in the Notes to § 73.3555 of this chapter, to the extent
that there are any differences in such calculation methods.
Notwithstanding the foregoing, the insulation of limited partnership,
limited liability partnership, and limited liability company interests
for broadcast applicants and licensees shall be determined in
accordance with Note 2(f) of § 73.3555 of this chapter.
(2) Each petitioning common carrier radio station applicant or licensee
filing under § 1.5000(a)(2) shall identify and request specific approval
for any foreign individual, entity, or group of such individuals or
entities that holds, or would hold, directly, and/or indirectly through
one or more intervening U.S.-organized entities that do not control the
applicant or licensee, more than 5 percent of the equity and/or voting
interests in the applicant or licensee unless the foreign investment is
exempt under paragraph (i)(3) of this section. Equity and voting
interests held indirectly in the applicant or licensee shall be
calculated in accordance with the principles set forth in § § 1.5002 and
1.5003. Equity and voting interests held directly in an applicant or
licensee that is organized as a partnership or limited liability
company shall be calculated in accordance with Note 1 to paragraph
(i)(3)(ii)(C) of this section.
Note 1 to paragraphs (i)(1) and (2): Certain foreign interests of 5
percent or less may require specific approval under paragraphs (i)(1)
and (2). See Note 2 to paragraph (i)(3)(ii)(C) of this section.
Note 2 to paragraphs (i)(1) and (2): Two or more individuals or
entities will be treated as a "group" when they have agreed to act
together for the purpose of acquiring, holding, voting, or disposing of
their equity and/or voting interests in the licensee and/or controlling
U.S. parent of the licensee or in any intermediate company(ies) through
which any of the individuals or entities holds its interests in the
licensee and/or controlling U.S. parent of the licensee.
(3) A foreign investment is exempt from the specific approval
requirements of paragraphs (i)(1) and (2) of this section where:
(i) The foreign individual or entity holds, or would hold, directly
and/or indirectly, no more than 10 percent of the equity and/or voting
interests of the U.S. parent (for petitions filed under § 1.5000(a)(1))
or the petitioning applicant or licensee (for petitions filed under
§ 1.5000(a)(2)); and
(ii) The foreign individual or entity does not hold, and would not
hold, a controlling interest in the petitioner or any controlling
parent company, does not plan or intend to change or influence control
of the petitioner or any controlling parent company, does not possess
or develop any such purpose, and does not take any action having such
purpose or effect. The Commission will presume, in the absence of
evidence to the contrary, that the following interests satisfy this
criterion for exemption from the specific approval requirements in
paragraphs (i)(1) and (2) of this section:
(A) Where the petitioning applicant or licensee, controlling U.S.
parent, or entity holding a direct or indirect equity and/or voting
interest in the applicant/licensee or U.S. parent is a "public
company," as defined in § 1.5000(d)(9), provided that the foreign holder
is an institutional investor that is eligible to report its beneficial
ownership interests in the company's voting, equity securities in
excess of 5 percent (not to exceed 10 percent) pursuant to Exchange Act
Rule 13d-1(b), 17 CFR 240.13d-1(b), or a substantially comparable
foreign law or regulation. This presumption shall not apply if the
foreign individual, entity or group holding such interests is obligated
to report its holdings in the company pursuant to Exchange Act Rule
13d-1(a), 17 CFR 240.13d-1(a), or a substantially comparable foreign
law or regulation.
Example. Common carrier applicant ("Applicant") is preparing a petition
for declaratory ruling to request Commission approval for foreign
ownership of its controlling, U.S.-organized parent ("U.S. Parent") to
exceed the 25 percent benchmark in section 310(b)(4) of the Act.
Applicant does not currently hold any FCC licenses. Shares of U.S.
Parent trade publicly on the New York Stock Exchange. Based on a review
of its shareholder records, U.S. Parent has determined that its
aggregate foreign ownership on any given day may exceed an aggregate 25
percent, including a 6 percent common stock interest held by a
foreign-organized mutual fund ("Foreign Fund"). U.S. Parent has
confirmed that Foreign Fund is not currently required to report its
interest pursuant to Exchange Act Rule 13d-1(a) and instead is eligible
to report its interest pursuant to Exchange Act Rule 13d-1(b). U.S.
Parent also has confirmed that Foreign Fund does not hold any other
interests in U.S. Parent's equity securities, whether of a class of
voting or non-voting securities. Applicant may, but is not required to,
request specific approval of Foreign Fund's 6 percent interest in U.S.
Parent.
Note to paragraph (i)(3)(ii)(A): Where an institutional investor holds
voting, equity securities that are subject to reporting under Exchange
Act Rule 13d-1, 17 CFR 240.13d-1, or a substantially comparable foreign
law or regulation, in addition to equity securities that are not
subject to such reporting, the investor's total capital stock interests
may be aggregated and treated as exempt from the 5 percent specific
approval requirement in paragraphs (i)(1) and (2) of this section so
long as the aggregate amount of the institutional investor's holdings
does not exceed 10 percent of the company's total capital stock or
voting rights and the investor is eligible to certify under Exchange
Act Rule 13d-1(b), 17 CFR 240.13d-1(b), or a substantially comparable
foreign law or regulation that it has acquired its capital stock
interests in the ordinary course of business and not with the purpose
nor with the effect of changing or influencing the control of the
company. In calculating foreign equity and voting interests, the
Commission does not consider convertible interests such as options,
warrants and convertible debentures until converted, unless
specifically requested by the petitioner, i.e., where the petitioner is
requesting approval so those rights can be exercised in a particular
case without further Commission approval.
(B) Where the petitioning applicant or licensee, controlling U.S.
parent, or entity holding a direct and/or indirect equity and/or voting
interest in the applicant/licensee or U.S. parent is a "privately held"
corporation, as defined in § 1.5000(d)(8), provided that a shareholders'
agreement, or similar voting agreement, prohibits the foreign holder
from becoming actively involved in the management or operation of the
corporation and limits the foreign holder's voting and consent rights,
if any, to the minority shareholder protections listed in paragraph
(i)(5) of this section.
(C) Where the petitioning applicant or licensee, controlling U.S.
parent, or entity holding a direct and/or indirect equity and/or voting
interest in the licensee or U.S. parent is "privately held," as defined
in § 1.5000(d)(8), and is organized as a limited partnership, limited
liability company ("LLC"), or limited liability partnership ("LLP"),
provided that the foreign holder is "insulated" in accordance with the
criteria specified in § 1.5003.
Note 1 to paragraph (i)(3)(ii)(C): For purposes of identifying foreign
interests that require specific approval, where the petitioning
applicant, licensee, or controlling U.S. parent is itself organized as
a partnership or LLC, a general partner, uninsulated limited partner,
uninsulated LLC member, and non-member LLC manager shall be deemed to
hold a controlling (100 percent) voting interest in the applicant,
licensee, or controlling U.S. parent.
Note 2 to paragraph (i)(3)(ii)(C): For purposes of identifying foreign
interests that require specific approval, where interests are held
indirectly in the petitioning applicant, licensee, or controlling U.S.
parent through one or more intervening partnerships or LLCs, a general
partner, uninsulated limited partner, uninsulated LLC members, and
non-member LLC managers shall be deemed to hold the same voting
interest as the partnership or LLC holds in the company situated in the
next lower tier of the petitioner's vertical ownership chain and,
ultimately, the same voting interest as the partnership or LLC is
calculated as holding in the controlling U.S. parent (for petitions
filed under § 1.5000(a)(1)) or in the applicant or licensee (for
petitions filed under § 1.5000(a)(2)). See § 1.5002(b)(2)(ii)(A) and
(b)(2)(iii)(A). Where a limited partner or LLC member is insulated, the
limited partner's or LLC member's voting interest in the controlling
U.S. parent (for petitions filed under § 1.5000(a)(1)), or in the
applicant or licensee (for petitions filed under § 1.5000(a)(2)) is
calculated as equal to the limited partner's or LLC member's equity
interest in the U.S. parent or in the applicant or licensee,
respectively. See § 1.5002(b)(2)(ii)(B) and (b)(2)(iii)(B). Thus,
depending on the particular ownership structure presented in the
petition, a foreign general partner, uninsulated limited partner, LLC
member, or non-member LLC manager of an intervening partnership or LLC
may be deemed to hold an indirect voting interest in the controlling
U.S. parent or in the petitioning applicant or licensee that requires
specific approval because the voting interest exceeds the 5 percent
amount specified in paragraphs (i)(1) and (2) of this section and,
unless the voting interest is otherwise insulated at a lower tier of
the petitioner's vertical ownership chain, the voting interest would
not qualify as exempt from specific approval under this paragraph
(i)(3)(ii)(C) even in circumstances where the voting interest does not
exceed 10 percent.
(4) A petitioner may, but is not required to, request specific approval
for any other foreign individual or entity that holds, or would hold, a
direct and/or indirect equity and/or voting interest in the controlling
U.S. parent (for petitions filed under § 1.5000(a)(1)) or in the
petitioning applicant or licensee (for petitions filed under
§ 1.5000(a)(2)).
(5) The minority shareholder protections referenced in paragraph
(i)(3)(ii)(B) of this section consist of the following rights:
(i) The power to prevent the sale or pledge of all or substantially all
of the assets of the corporation or a voluntary filing for bankruptcy
or liquidation;
(ii) The power to prevent the corporation from entering into contracts
with majority shareholders or their affiliates;
(iii) The power to prevent the corporation from guaranteeing the
obligations of majority shareholders or their affiliates;
(iv) The power to purchase an additional interest in the corporation to
prevent the dilution of the shareholder's pro rata interest in the
event that the corporation issues additional instruments conveying
shares in the company;
(v) The power to prevent the change of existing legal rights or
preferences of the shareholders, as provided in the charter, by-laws or
other operative governance documents;
(vi) The power to prevent the amendment of the charter, by-laws or
other operative governance documents of the company with respect to the
matters described in paragraph (i)(5)(i) through (v) of this section.
(6) The Commission reserves the right to consider, on a case-by-case
basis, whether voting or consent rights over matters other than those
listed in paragraph (i)(5) of this section shall be considered
permissible minority shareholder protections in a particular case.
(j) For each foreign individual or entity named in response to
paragraph (i) of this section, provide the following information:
(1) In the case of an individual, his or her citizenship and principal
business(es);
(2) In the case of a business organization:
(i) Its place of organization, type of business organization (e.g.,
corporation, unincorporated association, trust, general partnership,
limited partnership, limited liability company, trust, other (include
description of legal entity)), and principal business(es);
(ii)(A) For common carrier, aeronautical en route, and aeronautical
fixed radio station applicants and licensees, the name of any
individual or entity that holds, or would hold, directly and/or
indirectly, through one or more intervening entities, 10 percent or
more of the equity interests and/or voting interests, or a controlling
interest, in the foreign entity for which the petitioner requests
specific approval. Specify for each such interest holder, his or her
citizenship (for individuals) or place of legal organization (for
entities). Equity interests and voting interests held indirectly shall
be calculated in accordance with the principles set forth in § 1.5002.
(B) For broadcast applicants and licensees, the name of any individual
or entity that holds, or would hold, directly and/or indirectly,
through one or more intervening entities, an attributable interest in
the foreign entity for which the petitioner requests specific approval.
Specify for each such interest holder, his or her citizenship (for
individuals) or place of legal organization (for entities).
Attributable interests shall be calculated in accordance with the
principles set forth in the Notes to § 73.3555 of this chapter.
(iii)(A) For common carrier, aeronautical en route, and aeronautical
fixed radio station applicants and licensees, where no individual or
entity holds, or would hold, directly and/or indirectly, 10 percent or
more of the equity interests and/or voting interests, or a controlling
interest, the petition shall specify that no individual or entity
holds, or would hold, directly and/or indirectly, 10 percent or more of
the equity interests and/or voting interests, or a controlling
interest, in the foreign entity for which the petitioner requests
specific approval.
(B) For broadcast applicants and licensees, where no individual or
entity holds, or would hold, directly and/or indirectly, an
attributable interest in the foreign entity, the petition shall specify
that no individual or entity holds, or would hold, directly and/or
indirectly, an attributable interest in the foreign entity for which
the petitioner requests specific approval.
(k) Requests for advance approval. The petitioner may, but is not
required to, request advance approval in its petition for any foreign
individual or entity named in response to paragraph (i) of this section
to increase its direct and/or indirect equity and/or voting interests
in the controlling U.S. parent of the broadcast, common carrier or
aeronautical radio station licensee, for petitions filed under
§ 1.5000(a)(1), and/or in the common carrier licensee, for petitions
filed under § 1.5000(a)(2), above the percentages specified in response
to paragraph (i) of this section. Requests for advance approval shall
be made as follows:
(1) Petitions filed under § 1.5000(a)(1). Where a foreign individual or
entity named in response to paragraph (i) of this section holds, or
would hold upon consummation of any transactions described in the
petition, a de jure or de facto controlling interest in the controlling
U.S. parent, the petitioner may request advance approval in its
petition for the foreign individual or entity to increase its
interests, at some future time, up to any amount, including 100 percent
of the direct and/or indirect equity and/or voting interests in the
U.S. parent. The petitioner shall specify for the named controlling
foreign individual(s) or entity(ies) the maximum percentages of equity
and/or voting interests for which advance approval is sought or, in
lieu of a specific amount, state that the petitioner requests advance
approval for the named controlling foreign individual or entity to
increase its interests up to and including 100 percent of the U.S.
parent's direct and/or indirect equity and/or voting interests.
(2) Petitions filed under § 1.5000(a)(1) and/or (2). Where a foreign
individual or entity named in response to paragraph (i) of this section
holds, or would hold upon consummation of any transactions described in
the petition, a non-controlling interest in the controlling U.S. parent
of the licensee, for petitions filed under § 1.5000(a)(1), or in the
licensee, for petitions filed under § 1.5000(a)(2), the petitioner may
request advance approval in its petition for the foreign individual or
entity to increase its interests, at some future time, up to any
non-controlling amount not to exceed 49.99 percent. The petitioner
shall specify for the named foreign individual(s) or entity(ies) the
maximum percentages of equity and/or voting interests for which advance
approval is sought or, in lieu of a specific amount, shall state that
the petitioner requests advance approval for the named foreign
individual(s) or entity(ies) to increase their interests up to and
including a non-controlling 49.99 percent equity and/or voting interest
in the licensee, for petitions filed under § 1.5000(a)(2), or in the
controlling U.S. parent of the licensee, for petitions filed under
§ 1.5000(a)(1).
(l) Each applicant, licensee, or spectrum lessee filing a petition for
declaratory ruling shall certify to the information contained in the
petition in accordance with the provisions of § 1.16 and the
requirements of § 1.5000(c)(1).
Goto Section: 1.5000 | 1.5002
Goto Year: 2019 |
2021
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