FCC 1.2114 Revised as of October 1, 2013
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2014
§ 1.2114 Reporting of eligibility event.
(a) A designated entity must seek Commission approval for all
reportable eligibility events. A reportable eligibility event is:
(1) Any spectrum lease (as defined in § 1.9003) or resale arrangement
(including wholesale agreements) with one entity or on a cumulative
basis that might cause a licensee to lose eligibility for installment
payments, a set-aside license, or a bidding credit (or for a particular
level of bidding credit) under § 1.2110 and applicable
service-specific rules.
(2) Any other event that would lead to a change in the eligibility of a
licensee for designated entity benefits.
(b) Documents listed on and filed with application . A designated
entity filing an application pursuant to this section must--
(1) List and summarize on the application all agreements and
arrangements (including proposed agreements and arrangements) that give
rise to or otherwise relate to a reportable eligibility event. In
addition to a summary of each agreement or arrangement, this list must
include the parties (including each party's affiliates, its controlling
interests, the affiliates of its controlling interests, its spectrum
lessees, and its spectrum resellers and wholesalers) to each agreement
or arrangement, as well as the dates on which the parties entered into
each agreement or arrangement.
(2) File with the application a copy of each agreement and arrangement
listed pursuant to this paragraph.
(3) Maintain at its facilities or with its designated agents, for the
term of the license, the lists, summaries, dates, and copies of
agreements and arrangements required to be provided to the Commission
pursuant to this section.
(c) Application fees . The application reporting the eligibility event
will be treated as a transfer of control for purposes of determining
the applicable application fees as set forth in § 1.1102.
(d) Streamlined approval procedures. (1) The eligibility event
application will be placed on public notice once the application is
sufficiently complete and accepted for filing (see § 1.933).
(2) Petitions to deny filed in accordance with section 309(d) of the
Communications Act must comply with the provisions of § 1.939, except
that such petitions must be filed no later than 14 days following the
date of the Public Notice listing the application as accepted for
filing.
(3) No later than 21 days following the date of the Public Notice
listing an application as accepted for filing, the Wireless
Telecommunications Bureau (Bureau) will grant the application, deny the
application, or remove the application from streamlined processing for
further review.
(4) Grant of the application will be reflected in a Public Notice (see
§ 1.933(a)(2)) promptly issued after the grant.
(5) If the Bureau determines to remove an application from streamlined
processing, it will issue a Public Notice indicating that the
application has been removed from streamlined processing. Within 90
days of that Public Notice, the Bureau will either take action upon the
application or provide public notice that an additional 90-day period
for review is needed.
(e) Public notice of application. Applications under this subpart will
be placed on an informational public notice on a weekly basis (see
§ 1.933(a)).
(f) Contents of the application. The application must contain all
information requested on the applicable form, any additional
information and certifications required by the rules in this chapter,
and any rules pertaining to the specific service for which the
application is filed.
(g) The designated entity is required to update any change in a
relationship that gave rise to a reportable eligibility event.
[ 71 FR 26253 , May 4, 2006, as amended at 71 FR 34278 , June 14, 2006]
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Subpart R--Implementation of Section 4(g)(3) of the Communications Act:
Procedures Governing Acceptance of Unconditional Gifts, Donations and
Bequests
Source: 59 FR 38128 , July 27, 1994, unless otherwise noted.
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