§ 1.9050   Who may sign spectrum leasing notifications and applications.

   Under  the  rules set forth in this subpart, certain notifications and
   applications to the Commission must be filed by licensees and spectrum
   lessees that enter into spectrum leasing arrangements. In addition, the
   rules require that certain notifications and applications be filed by the
   licensee  and/or the spectrum lessee after they have entered into such
   arrangements. Whether the signature of the licensee, the spectrum lessee, or
   both, is required will depend on the particular notification or application
   involved, and whether the leasing arrangement concerns a spectrum manager
   leasing arrangement or a de facto transfer leasing arrangement.

   (a) Except as provided in paragraph (b) of this section, the notifications,
   applications, amendments, and related statements of fact required by the
   Commission (including certifications) must be signed as follows (either
   electronically or manually, see paragraph (d) of this section):

   (1) By the licensee or spectrum lessee, if an individual;

   (2) By one of the partners if the licensee or lessee is a partnership;

   (3) By an officer, director, or duly authorized employee, if the licensee or
   lessee is a corporation; or

   (4)  By  a  member  who is an officer, if the licensee or lessee is an
   unincorporated association.

   (b) Notifications, applications, amendments, and related statements of fact
   required  by  the Commission may be signed by the licensee or spectrum
   lessee's attorney in case of the licensee's or lessee's physical disability
   or absence from the United States. The attorney shall, when applicable,
   separately set forth the reason why the application is not signed by the
   licensee or lessee. In addition, if any matter is stated on the basis of the
   attorney's  belief  only  (rather  than knowledge), the attorney shall
   separately set forth the reasons for believing that such statements are
   true. Only the original of notifications, applications, amendments, and
   related statements of fact need be signed.

   (c) Notifications, applications, amendments, and related statements of fact
   need  not be signed under oath. Willful false statements made therein,
   however, are punishable by fine and imprisonment (see 18 U.S.C. section
   1001), and by appropriate administrative sanctions, including revocation of
   license pursuant to section 312(a)(1) of the Communications Act of 1934 or
   revocation of the spectrum leasing arrangement.

   (d)  “Signed,”  as  used  in  this  section, means, for manually filed
   notifications and applications only, an original hand-written signature or,
   for electronically filed notifications and applications only, an electronic
   signature. An electronic signature shall consist of the name of the licensee
   or spectrum lessee transmitted electronically via ULS and entered on the
   application as a signature.

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