Sec. 90.913  Eligibility for small business status.

    (a) Short-form applications: Certifications and disclosure. Each 
applicant for an EA license which qualifies as a small business or 
consortium of small businesses under Secs. 90.912(b) or (c) shall append 
the following information as an exhibit to its short-form application 
(FCC Form 175):
    (1) The identity of the applicant's affiliates and controlling 
principals, and, if a consortium of small businesses (or a consortium of 
very small businesses), the members of the joint venture; and
    (2) The applicant's gross revenues, computed in accordance with 
Sec. 90.912.
    (b) Long-form applications: Certifications and disclosure. In 
addition to the requirements in subpart V of this part, each applicant 
submitting a long-form application for license(s) for Spectrum Blocks A 
through V 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. 90.912, for each of the following: the 
applicant, the applicant's affiliates, the applicant's controlling 
principals, and, if a consortium of small businesses (or consortium of 
very 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, very small business, consortium of small businesses or 
consortium of very small businesses under Secs. 90.910 and 90.912, 
including the establishment of de facto and de jure control; such 
agreements and instruments include articles of incorporation and bylaws, 
shareholder agreements, voting or other trust agreements, franchise 
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 or very small businesses, shall maintain at their principal 
place of business an updated file of ownership, revenue and asset 
information, including any document necessary to establish eligibility 
as a small business, very small business and/or consortium of small 
businesses (or consortium of very small businesses) under Sec. 90.912. 
Licensees (and their successors in interest) shall maintain such files 
for the term of the license.
    (d) Audits. (1) Applicants and licensees claiming eligibility as a 
small business, very small business or consortium of small businesses 
(or consortium of very small businesses under Secs. 90.910 and 90.912 
shall be subject to audits by the Commission, using in-house and 
contract resources. 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-

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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 800 MHz SMR service and shall also include consent to 
the interview of principals, employees, customers and suppliers of the 
applicant or licensee.
    (3) Definitions. The terms affiliate, small business, very small 
business consortium of small businesses, consortium of very small 
businesses, and gross revenues used in this section are defined in 
Sec. 90.912.
[62 1997 FR 41224 , July 31, 1997]

    Subpart W--Competitive Bidding Procedures for the 220 MHz Service

    Source:  62 FR 15999 , Apr. 3, 1997, unless otherwise noted.