|
These questions request indications and information that enable the FCC to determine whether an applicant is eligible under Section 310(a) and (b) of the Communications Act of 1934, as amended, to hold or have ownership interests in a License. The applicant must answer all questions. A "Yes" answer to any question requires an exhibit to be attached explaining the circumstances.
Is the Assignee/Post-transfer Licensee a foreign government or the representative of any foreign government?
Select Yes or No from the pull-down menu to indicate whether the Assignee/Transferee is a foreign government or the representative of any foreign government. The FCC cannot grant an authorization to a foreign government or the representative of a foreign government. If the true and correct answer to this question is "Yes", the FCC will dismiss the application without further consideration.
Is the Assignee/Post-transfer Licensee an alien or the representative of an alien?
Select Yes or No from the pull-down menu to indicate whether the Assignee/Transferee is an alien or the representative of an alien. The FCC cannot grant an authorization to provide common carrier or aeronautical en route service to any Applicant for which the true and correct answer to this question is “Yes”. If the answer to this question is “Yes”, provide an attachment explaining why the License(s) that is the subject of the application is exempt from the prohibitions contained in § 310(b)(1)-(2) of the Communications Act, 47 U.S.C. § 310(b)(1)-(2). The FCC will otherwise dismiss the application without further consideration.
Is the Assignee/Post-transfer Licensee a corporation organized under the laws of any foreign government?
Select Yes or No from the pull-down menu to indicate whether the Assignee/Transferee is a corporation organized under the laws of any foreign government. The FCC cannot grant an authorization to provide common carrier or aeronautical en route service to any Applicant for which the true and correct answer to this question is “Yes”. If the answer to this question is “Yes”, provide an attachment explaining why the License(s) that is the subject of the application is exempt from the prohibitions contained in § 310(b)(1)-(2) of the Communications Act, 47 U.S.C. § 310(b)(1)-(2). The FCC will otherwise dismiss the application without further consideration.
Is the Assignee/Post-transfer Licensee a corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country?
Select Yes or No from the pull-down menu to indicate whether the Assignee/Transferee is a corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country. If the answer to this question is “Yes”, and if any license(s) to be transferred or assigned would allow for the provision of a common carrier service, it is necessary for the Assignee/Post-transfer Licensee to have or obtain Commission approval. If the answer to this question is “Yes”, make one selection that describes your declaratory ruling status from the declaratory ruling status options and one of the following three attachments must be supplied:
(i) A demonstration that the subject License(s) is exempt from the provisions of Section 310(b)(3);
(ii) A statement that the Assignee/Post-transfer Licensee has received prior Commission approval of its foreign ownership, citation(s) to the relevant declaratory ruling(s) received by the Assignee/Post-transfer Licensee (i.e., DA or FCC Number, FCC Record citation if available, and release date), and a statement specifying that the Assignee/Post-transfer Licensee is in compliance with the terms and conditions of its ruling and with the Commission's Rules; or
(iii) A copy of a petition for declaratory ruling filed pursuant to Section 1.990(a)(2) of the Commission's Rules, 47 C.F.R. § 1.990(a)(2), requesting Commission approval of the Assignee/Post-transfer Licensee's foreign ownership, held through one or more intervening U.S.-organized entities that hold non-controlling equity and/or voting interests in the Assignee/Post-transfer Licensee, along with any foreign interests held in the Assignee/Post-transfer Licensee directly (which shall not exceed 20 percent of its equity interests and/or 20 percent of its voting interests). The petition may be filed electronically on the Internet through the International Bureau Filing System (IBFS) and shall otherwise comport with the requirements of Sections 1.990 through 1.994 of the Commission's Rules, 47 C.F.R. §§ 1.990-1.994.
Is the Assignee/Post-transfer Licensee directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country?
Select Yes or No from the pull-down menu to indicate whether the Assignee/Transferee is directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country . If the answer to this question is “Yes”, and if any license(s) to be transferred or assigned would allow for the provision of a common carrier service, it is necessary for the Assignee/Post-transfer Licensee to have or obtain Commission approval. If the answer to this question is “Yes”, make one selection that describes your declaratory ruling status from the declaratory ruling status options and one of the following three attachments must be supplied:
(i) A demonstration that the subject License(s) is exempt from the provisions of Section 310(b)(4);
(ii) A statement that the Assignee/Post-transfer Licensee has received prior Commission approval of the foreign ownership of its direct and/or indirect controlling U.S. parent company(ies) pursuant to Section 310(b)(4), citation(s) to the relevant declaratory ruling(s) received by the Assignee/Post-transfer Licensee (i.e., DA or FCC Number, FCC Record citation if available, and release date), and a statement specifying that the Assignee/Post-transfer Licensee is in compliance with the terms and conditions of its ruling and with the Commission's Rules; or
(iii) A copy of a petition for declaratory ruling filed pursuant to Section 1.990(a)(1) of the Commission's Rules, 47 C.F.R. § 1.990(a)(1), requesting Commission approval of the foreign ownership of its direct and/or indirect controlling U.S.-organized parent company(ies). The petition may be filed electronically on the Internet through the International Bureau Filing System (IBFS) and shall otherwise comport with the requirements of Sections 1.990 through 1.994 of the Commission's Rules, 47 C.F.R. §§ 1.990-1.994.
With respect to the showing specified in (ii) above, an Assignee/Post-transfer Licensee that is relying on a foreign ownership ruling(s) issued to an "affiliate" pursuant to Section 310(b)(4) of the Act and Section 1.990(a)(1) of the Rules shall include in its showing a certification signed by the affiliate, a U.S.-organized successor-in-interest formed as part of a pro forma reorganization, or a controlling parent company, stating that the affiliate or successor-in-interest is in compliance with the terms and conditions of the foreign ownership ruling(s) and the Commission's Rules. See Section 1.994(b) of the Rules, 47 C.F.R. § 1.994(b). See also Section 1.990(d)(2) (defining the term "affiliate" for purposes of Sections 1.990-1.994 of the Rules).
If the answer to either of the previous two questions (one-fifth or one-fourth owned or voted) is "Yes", select the one option that describes your declaratory ruling status and supply the appropriate attachments.
If "The Assignee or Post-transfer Licensee is exempt from the provisions of Section 310(b)" is selected, then It is not necessary to file a petition for declaratory ruling if the Assignee or Post-transfer Licensee includes in the attachment required by either of the previous two questions, a showing that the subject License(s) is exempt from the provisions of Section 310(b).
If "The Assignee or Post-transfer Licensee has received a declaratory ruling(s) approving its foreign ownership, and the application involves only the acquisition of additional spectrum for the provision of a wireless service in a geographic coverage area for which the Assignee or Post-transfer Licensee has been previously authorized" is selected, then include in the attachment required by either of the previous two questions, the citation(s) of the applicable declaratory ruling(s) by DA/FCC number, the FCC Record citation, if available, release date, and a statement that there has been no change in the foreign ownership of the Assignee or Post-Transfer Licensee since the issuance of its ruling.
If "The Assignee or Post-transfer Licensee: (i) has received a declaratory ruling(s) approving its foreign ownership, but is not able to make the certification specified immediately above; or (ii) is an "affiliate" of a Licensee or Lessee/SubLessee that received a declaratory ruling(s) under Section 1.990(a) of the Commission's Rules, 47 C.F.R. § 1.990(a), and is relying on the affiliate's ruling for purposes of filing this application as permitted under the affiliate's ruling and Section 1.994(b) of the Rules, 47 C.F.R. § 1.994(b)" is selected, and if the Assignee or Post-transfer Licensee received its declaratory ruling(s) on or after August 9, 2013, then include in the attachment required by either of the previous two questions, the citation(s) of the Assignee or Post-transfer Licensee's declaratory ruling(s) by DA/FCC number, the FCC Record citation, if available, release date, and a statement that the Assignee or Post-transfer Licensee is in compliance with the terms and conditions of its ruling and with the Commission's Rules.
Also, if the Assignee or Post-transfer Licensee received its declaratory ruling(s) prior to August 9, 2013, include in the attachment a copy of a petition for declaratory ruling filed contemporaneously with the Commission to extend the Assignee or Post-transfer Licensee's existing ruling(s) to cover the same radio service(s) and geographic coverage area(s) involved in the application. Alternatively, the Assignee or Post-transfer Licensee may request a new declaratory ruling pursuant to Section 1.990(a) of the Commission's Rules, 47 C.F.R. § 1.990(a). Petitions for declaratory ruling may be filed electronically on the Internet through the International Bureau Filing System (IBFS) (with a copy attached hereto).
Additionally, if the Assignee or Post-transfer Licensee is relying on an affiliate's ruling for purposes of filing this application, include in the attachment required by either of the previous two questions, the citation(s) of the applicable declaratory ruling(s) by DA/FCC number, the FCC Record citation, if available, release date, and a statement that the Assignee or Post-transfer Licensee is in compliance with the terms and conditions of the named affiliate's ruling and with the Commission's Rules. The Assignee or Post-transfer Licensee must also include a certification of compliance signed by the named affiliate or other qualified entity as specified in Section 1.994(b) of the Rules, 47 C.F.R. § 1.994(b). See Main Form Instructions for Items 98 or 99a, as applicable.
If "The Assignee or Post-transfer Licensee has not received a declaratory ruling approving its foreign ownership and is requesting a declaratory ruling under Section 1.990(a) of the Commission's Rules, 47 C.F.R. § 1.990(a), in a petition filed contemporaneously with the Commission" is selected, then include in the attachment required by either of the previous two questions, a copy of the petition for declaratory ruling filed contemporaneously with the Commission pursuant to Section 1.990(a) of the Commission's Rules, 47 C.F.R. § 1.990(a). Petitions for declaratory ruling may be filed electronically on the Internet through the International Bureau Filing System (IBFS) (with a copy attached hereto).
Click Continue.
