§ 1.2002   Applicants required to submit information.

   (a) In order to be eligible for any new, modified, and/or renewed
   instrument of authorization from the Commission, including but not
   limited to, authorizations issued pursuant to sections 214, 301, 302,
   303(1), 308, 310(d), 318, 319, 325(b), 351, 361(b), 362(b), 381, and
   385 of the Communications Act of 1934, as amended, by whatever name
   that instrument may be designated, all applicants shall certify that
   neither the applicant nor any party to the application is subject to a
   denial of Federal benefits that includes FCC benefits pursuant to
   section 5301 of the Anti-Drug Abuse Act of 1988. 21 U.S.C. 862. If a
   section 5301 certification has been incorporated into the FCC
   application form being filed, the applicant need not submit a separate
   certification. If a section 5301 certification has not been
   incorporated into the FCC application form being filed, the applicant
   shall be deemed to have certified by signing the application, unless an
   exhibit is included stating that the signature does not constitute such
   a certification and explaining why the applicant is unable to certify.
   If no FCC application form is involved, the applicant must attach a
   certification to its written application. If the applicant is unable to
   so certify, the applicant shall be ineligible for the authorization for
   which it applied, and will have 90 days from the filing of the
   application to comply with this rule. If a section 5301 certification
   has been incorporated into the FCC application form, failure to respond
   to the question concerning certification shall result in dismissal of
   the application pursuant to the relevant processing rules.

   (b) A party to the application, as used in paragraph (a) of this
   section shall include:

   (1) If the applicant is an individual, that individual;

   (2) If the applicant is a corporation or unincorporated association,
   all officers, directors, or persons holding 5% or more of the
   outstanding stock or shares (voting and/or non-voting) of the
   applicant; and

   (3) If the applicant is a partnership, all non-limited partners and any
   limited partners holding a 5% or more interest in the partnership.

   (c) The provisions of paragraphs (a) and (b) of this section are not
   applicable to the Amateur Radio Service, the Citizens Band Radio
   Service, the Radio Control Radio Service, to users in the Public Mobile
   Services and the Private Radio Services that are not individually
   licensed by the Commission, or to Federal, State or local governmental
   entities or subdivisions thereof.

   (d) The provisions of paragraphs (a) and (b) of this section are
   applicable to spectrum lessees (see § 1.9003 of subpart X of this part)
   engaged in spectrum manager leasing arrangements and de facto transfer
   leasing arrangements pursuant to the rules set forth in subpart X of
   this part.

   [ 57 FR 187 , Jan. 3, 1992, as amended at  58 FR 8701 , Feb. 17, 1993;  60 FR 39269 , Aug. 2, 1995;  68 FR 66277 , Nov. 25, 2003]

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Subpart Q—Competitive Bidding Proceedings

   Source:  59 FR 44293 , Aug. 26, 1994, unless otherwise noted.

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General Procedures

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