Sec. 22.225 Certifications, disclosures, records maintenance and
audits.
(a) Short-form applications: certifications and disclosure. In
addition to certifications and disclosures required by part 1, subpart
Q, of this chapter, each applicant for a paging license which qualifies
as a small business or consortium of small businesses shall append the
following information as an exhibit to its FCC Form 175:
(1) The identity of the applicant's controlling principals and
affiliates, and, if a consortium of small businesses, the members in the
joint venture; and
(2) The applicant's gross revenues, computed in accordance with
Sec. 22.223.
(b) Long form applications: certifications and disclosure. Each
applicant submitting a long-form application for a paging geographic
area authorization and qualifying as a small business shall, in an
exhibit to its long-form application:
(1) Disclose separately and in the aggregate the gross revenues,
computed in accordance with Sec. 22.223, for each of the following: the
applicant, the applicant's affiliates, the applicant's controlling
principals, and, if a consortium of small businesses, the members of the
joint venture;
(2) List and summarize all agreements or other instruments (with
appropriate references to specific provisions in the text of such
agreements and instruments) that support the applicant's eligibility as
a small business under Secs. 22.217 through 22.223, including the
establishment of de facto and de jure control; such agreements and
instruments include, but are not limited to, articles of incorporation
and bylaws, shareholder agreements, voting or other trust agreements,
franchise
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agreements, and any other relevant agreements, including letters of
intent, oral or written; and
(3) List and summarize any investor protection agreements, including
rights of first refusal, supermajority clauses, options, veto rights,
and rights to hire and fire employees and to appoint members to boards
of directors or management committees.
(c) Records maintenance. All winning bidders qualifying as small
businesses shall maintain at their principal place of business an
updated file of ownership, revenue, and asset information, including any
documents necessary to establish eligibility as a small business and/or
consortium of small businesses under Sec. 22.223. Licensees (and their
successors-in-interest) shall maintain such files for the term of the
license. Applicants that do not obtain the license(s) for which they
applied shall maintain such files until the grant of such license(s) is
final, or one year from the date of the filing of their short-form
application (FCC Form 175), whichever is earlier.
(d) Audits. (1) Applicants and licensees claiming eligibility as a
small business or consortium of small businesses under Secs. 22.217
through 22.223 shall be subject to audits by the Commission. Selection
for audit may be random, on information, or on the basis of other
factors.
(2) Consent to such audits is part of the certification included in
the short-form application (FCC Form 175). Such consent shall include
consent to the audit of the applicant's or licensee's books, documents
and other material (including accounting procedures and practices)
regardless of form or type, sufficient to confirm that such applicant's
or licensee's representations are, and remain, accurate. Such consent
shall include inspection at all reasonable times of the facilities, or
parts thereof, engaged in providing and transacting business, or keeping
records regarding licensed paging service and shall also include consent
to the interview of principals, employees, customers and suppliers of
the applicant or licensee.
(e) Definitions. The terms affiliate, small business, consortium of
small businesses, and gross revenues, used in this section are defined
in Sec. 22.223.
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