§ 1.2002   Applicants required to submit information.

   (a) In order to be eligible for any new, modified, and/or renewed instrument
   of  authorization  from  the Commission, including but not limited to,
   authorizations issued pursuant to sections 214, 301, 302, 303(1), 308,
   310(d),  318,  319,  325(b),  351, 361(b), 362(b), 381, and 385 of the
   Communications Act of 1934, as amended, by whatever name that instrument may
   be designated, all applicants shall certify that neither the applicant nor
   any party to the application is subject to a denial of Federal benefits that
   includes FCC benefits pursuant to section 5301 of the Anti-Drug Abuse Act of
   1988. 21 U.S.C. 862. If a section 5301 certification has been incorporated
   into the FCC application form being filed, the applicant need not submit a
   separate  certification.  If a section 5301 certification has not been
   incorporated into the FCC application form being filed, the applicant shall
   be deemed to have certified by signing the application, unless an exhibit is
   included stating that the signature does not constitute such a certification
   and explaining why the applicant is unable to certify. If no FCC application
   form is involved, the applicant must attach a certification to its written
   application. If the applicant is unable to so certify, the applicant shall
   be ineligible for the authorization for which it applied, and will have 90
   days from the filing of the application to comply with this rule. If a
   section 5301 certification has been incorporated into the FCC application
   form, failure to respond to the question concerning certification shall
   result in dismissal of the application pursuant to the relevant processing
   rules.

   (b) A party to the application, as used in paragraph (a) of this section
   shall include:

   (1) If the applicant is an individual, that individual;

   (2) If the applicant is a corporation or unincorporated association, all
   officers, directors, or persons holding 5% or more of the outstanding stock
   or shares (voting and/or non-voting) of the applicant; and

   (3) If the applicant is a partnership, all non-limited partners and any
   limited partners holding a 5% or more interest in the partnership.

   (c)  The  provisions of paragraphs (a) and (b) of this section are not
   applicable to the Amateur Radio Service, the Citizens Band Radio Service,
   the Radio Control Radio Service, to users in the Public Mobile Services and
   the  Private  Radio Services that are not individually licensed by the
   Commission,  or  to  Federal,  State or local governmental entities or
   subdivisions thereof.

   (d) The provisions of paragraphs (a) and (b) of this section are applicable
   to spectrum lessees (see § 1.9003 of subpart X of this part) engaged in
   spectrum  manager  leasing  arrangements and de facto transfer leasing
   arrangements pursuant to the rules set forth in subpart X of this part.

   [ 57 FR 187 , Jan. 3, 1992, as amended at  58 FR 8701 , Feb. 17, 1993;  60 FR 39269 , Aug. 2, 1995;  68 FR 66277 , Nov. 25, 2003]

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Subpart Q—Competitive Bidding Proceedings

   Source:  59 FR 44293 , Aug. 26, 1994, unless otherwise noted.

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General Procedures

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