§  1.919   Ownership information.

   (a) Applicants or licensees in Wireless Radio Services that are subject
   to the ownership reporting requirements of §  1.2112 shall use FCC Form
   602 to provide all ownership information required by the chapter.

   (b) Any applicant or licensee that is subject to the reporting
   requirements of §  1.2112 or §  1.2114 shall file an FCC Form 602, or
   file an updated form if the ownership information on a previously filed
   FCC Form 602 is not current, at the time it submits:

   (1) An initial application for authorization (FCC Form 601);

   (2) An application for license renewal (FCC Form 601);

   (3) An application for assignment of authorization or transfer of
   control (FCC Form 603); or

   (4) A notification of consummation of a pro forma assignment of
   authorization or transfer of control (FCC Form 603) under the
   Commission's forbearance procedures (see §  1.948(c) of this part).

   (5) An application reporting any reportable eligibility event, as
   defined in §  1.2114.

   (c) Reporting of Cellular Cross-Ownership Interests. (1) A cellular
   licensee of one channel block in a cellular geographic service area
   (CGSA) must report current ownership information if the licensee, a
   party that owns a controlling or otherwise attributable interest in the
   licensee, or a party that actually controls the licensee, obtains a
   direct or indirect ownership interest of more than 10 percent in a
   cellular licensee, a party that owns a controlling or otherwise
   attributable interest in a cellular licensee, or a party that actually
   controls a cellular licensee, for the other channel block in an
   overlapping CGSA, if the overlap is located in whole or in part in a
   Rural Service Area (RSA), as defined in §  22.909 of this chapter. The
   ownership information must be filed on a FCC Form 602 within 30 days of
   the date of consummation of the transaction and reflect the specific
   levels of investment.

   (2) For the purposes of paragraph (c) of this section, the following
   definitions and other provisions shall apply:

   (i) Non-controlling interests. A direct or indirect non-attributable
   interest in both systems is excluded from the reporting requirement set
   out in paragraph (c)(1) of this section.

   (ii) Ownership attribution. For purposes of paragraph (c) of this
   section, ownership and other interests in cellular licensees will be
   attributed to their holders pursuant to the following criteria:

   (A) Controlling interest shall be attributable. Controlling interest
   means majority voting equity ownership, any general partnership
   interest, or any means of actual working control (including negative
   control) over the operation of the licensee, in whatever manner
   exercised.

   (B) Partnership and other ownership interests and any stock interest
   amounting to 20 percent or more of the equity, or outstanding stock, or
   outstanding voting stock of a cellular licensee shall be attributed.

   (C) Non-voting stock shall be attributed as an interest in the issuing
   entity if in excess of the amounts set forth in paragraph (c)(2)(ii)(B)
   of this section.

   (D) Debt and instruments such as warrants, convertible debentures,
   options, or other interests (except non-voting stock) with rights of
   conversion to voting interests shall not be attributed unless and until
   converted.

   (E) Limited partnership interests shall be attributed to limited
   partners and shall be calculated according to both the percentage of
   equity paid in and the percentage of distribution of profits and
   losses.

   (F) Officers and directors of a cellular licensee shall be considered
   to have an attributable interest in the entity with which they are so
   associated. The officers and directors of an entity that controls a
   cellular licensee shall be considered to have an attributable interest
   in the cellular licensee.

   (G) Ownership interests that are held indirectly by any party through
   one or more intervening corporations will be determined by successive
   multiplication of the ownership percentages for each link in the
   vertical ownership chain and application of the relevant attribution
   benchmark to the resulting product, except that if the ownership
   percentage for an interest in any link in the chain exceeds 50 percent
   or represents actual control, it shall be treated as if it were a 100
   percent interest. (For example, if A owns 20 percent of B, and B owns
   40 percent of licensee C, then A's interest in licensee C would be 8
   percent. If A owns 20 percent of B, and B owns 51 percent of licensee
   C, then A's interest in licensee C would be 20 percent because B's
   ownership of C exceeds 50 percent.)

   (H) Any person who manages the operations of a cellular licensee
   pursuant to a management agreement shall be considered to have an
   attributable interest in such licensee if such person, or its
   affiliate, has authority to make decisions or otherwise engage in
   practices or activities that determine, or significantly influence:

   ( 1 ) The nature or types of services offered by such licensee;

   ( 2 ) The terms upon which such services are offered; or

   ( 3 ) The prices charged for such services.

   (I) Any licensee, or its affiliate, who enters into a joint marketing
   arrangements with a cellular licensee, or its affiliate, shall be
   considered to have an attributable interest, if such licensee or
   affiliate has authority to make decisions or otherwise engage in
   practices or activities that determine, or significantly influence:

   ( 1 ) The nature or types of services offered by such licensee;

   ( 2 ) The terms upon which such services are offered; or

   ( 3 ) The prices charged for such services.

   (3) Sunset Provisions. This notification requirement will sunset at the
   earlier of:

   (i) Five years after February 14, 2005, or

   (ii) At the cellular licensee's specific deadline for renewal.

   (d) A single FCC Form 602 may be associated with multiple applications
   filed by the same applicant or licensee. If an applicant or licensee
   already has a current FCC Form 602 on file when it files an initial
   application, renewal application, application for assignment or
   transfer of control, or notification of a pro forma assignment or
   transfer, it may certify that it has a current FCC Form 602 on file.

   (e) No filing fee is required to submit or update FCC Form 602.

   (f) Applicants or licensees in Wireless Radio Services that are not
   subject to the ownership reporting requirements of §  1.2112 are not
   required to file FCC Form 602. However, such applicants and licensees
   may be required by the rules applicable to such services to disclose
   the real party (or parties) in interest to the application, including
   (as required) a complete disclosure of the identity and relationship of
   those persons or entities directly or indirectly owning or controlling
   (or both) the applicant or licensee.

   [ 63 FR 68923 , Dec. 14, 1998, as amended at  68 FR 42995 , July 21, 2003;
    69 FR 75170 , Dec. 15, 2004;  71 FR 26251 , May 4, 2006]

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