Sec. 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

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Federal, State or local governmental entities or subdivisions thereof.
[ 57 FR 187 , Jan. 3, 1992, as amended at  58 FR 8701 , Feb. 17, 1993;  60 FR 39269 , Aug. 2, 1995]