§ 1.2114   Reporting of eligibility event.

   (a) A designated entity must seek Commission approval for all
   reportable eligibility events. A reportable eligibility event is:

   (1) Any spectrum lease (as defined in § 1.9003) or any other type of
   spectrum use agreement with one entity or on a cumulative basis that
   might cause a licensee to lose eligibility for installment payments, a
   set-aside license, or a bidding credit (or for a particular level of
   bidding credit) under § 1.2110 and applicable service-specific rules.

   (2) Any other event that would lead to a change in the eligibility of a
   licensee for designated entity benefits.

   (b) Documents listed on and filed with application. A designated entity
   filing an application pursuant to this section must—

   (1) List and summarize on the application all agreements and
   arrangements (including proposed agreements and arrangements) that give
   rise to or otherwise relate to a reportable eligibility event. In
   addition to a summary of each agreement or arrangement, this list must
   include the parties (including each party's affiliates, its controlling
   interests, the affiliates of its controlling interests, its spectrum
   lessees, and its spectrum resellers and wholesalers) to each agreement
   or arrangement, as well as the dates on which the parties entered into
   each agreement or arrangement.

   (2) File with the application a copy of each agreement and arrangement
   listed pursuant to this paragraph.

   (3) Maintain at its facilities or with its designated agents, for the
   term of the license, the lists, summaries, dates, and copies of
   agreements and arrangements required to be provided to the Commission
   pursuant to this section.

   (c) Application fees. The application reporting the eligibility event
   will be treated as a transfer of control for purposes of determining
   the applicable application fees as set forth in § 1.1102.

   (d) Streamlined approval procedures. (1) The eligibility event
   application will be placed on public notice once the application is
   sufficiently complete and accepted for filing (see § 1.933).

   (2) Petitions to deny filed in accordance with section 309(d) of the
   Communications Act must comply with the provisions of § 1.939, except
   that such petitions must be filed no later than 14 days following the
   date of the Public Notice listing the application as accepted for
   filing.

   (3) No later than 21 days following the date of the Public Notice
   listing an application as accepted for filing, the Wireless
   Telecommunications Bureau (Bureau) will grant the application, deny the
   application, or remove the application from streamlined processing for
   further review.

   (4) Grant of the application will be reflected in a Public Notice (see
   § 1.933(a)(2)) promptly issued after the grant.

   (5) If the Bureau determines to remove an application from streamlined
   processing, it will issue a Public Notice indicating that the
   application has been removed from streamlined processing. Within 90
   days of that Public Notice, the Bureau will either take action upon the
   application or provide public notice that an additional 90-day period
   for review is needed.

   (e) Public notice of application. Applications under this section will
   be placed on an informational public notice on a weekly basis (see
   § 1.933(a)).

   (f) Contents of the application. The application must contain all
   information requested on the applicable form, any additional
   information and certifications required by the rules in this chapter,
   and any rules pertaining to the specific service for which the
   application is filed.

   (g) The designated entity is required to update any change in a
   relationship that gave rise to a reportable eligibility event.

   [ 71 FR 26253 , May 4, 2006, as amended at  71 FR 34278 , June 14, 2006;  79 FR 48530 , Aug. 15, 2014;  80 FR 56816 , Sept. 18, 2015]

   Effective Date Note: At  80 FR 56816 , Sept. 18, 2015, § 1.2114 (a)(1) was
   revised. This paragraph contains information collection and
   recordkeeping requirements and will not become effective until approval
   has been given by the Office of Management and Budget.

   return arrow Back to Top