§ 1.2114   Reporting of eligibility event.

   Link to an amendment published at  80 FR 56809 , September 18, 2015.

   (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 section 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;  79 FR 48530 , Aug. 15, 2014]

   return arrow Back to Top

Broadcast Television Spectrum Reverse Auction

   Source:  79 FR 48530 , Aug. 15, 2014, unless otherwise noted.

   return arrow Back to Top