§  1.2112   Ownership disclosure requirements for applications.

   (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]

   return arrow Back to Top