Goto Section: 24.812 | 24.814 | Table of Contents

FCC 24.813
Revised as of
Goto Year:1996 | 1998
Sec. 24.813  General application requirements.

    (a) Each application (including applications filed on Forms 175 and 
600) for a broadband PCS license or for consent to assign or transfer 
control of a broadband PCS license shall disclose fully the real party 
or parties in interest and must include in an exhibit the following 
information:
    (1) A list of any business, holding or applying for CMRS or PMRS 
licenses, five percent or more of whose stock, warrants, options or debt 
securities are owned by the applicant or an officer, director, 
attributable stockholder or key management personnel of the applicant. 
This list must include a description of each such business' principal 
business and a description of each such business' relationship to the 
applicant.
    (2) A list of any party which holds a five percent or more interest 
(or a ten percent or more interest for institutional investors as 
defined in Sec. 24.720(h)) in the applicant, or any entity holding or 
applying for CMRS or PMRS licenses in which a five percent or more 
interest (or a ten percent or more interest for institutional investors 
as defined in Sec. 24.720(h)) is held by another party which holds a 
five percent or more interest (or a ten percent or more interest for 
institutional investors as defined in Sec. 24.720(h)) in the applicant 
(e.g. If Company A owns 5% of Company B (the applicant) and 5% of 
Company C, a company holding or applying for CMRS or PMRS licenses, then 
Companies A and C must be listed on Company B's applications.)
    (3) A list of the names, addresses, citizenship and principal 
business of any person holding five percent or more of each class of 
stock, warrants, options or debt securities together with the amount and 
percentage held, and the name, address, citizenship and principal place 
of business of any person on whose account, if other than the holder, 
such interest is held. If any of these persons are related by blood or 
marriage, include such relationship in the statement.
    (4) In the case of partnerships, the name and address of each 
partner, each partner's citizenship and the share or interest 
participation in the partnership. This information must be provided for 
all partners, regardless of their respective ownership interest in the 
partnership.
    (b) Each application for a broadband PCS license must:
    (1) Submit the information required by the Commission's Rules, 
requests and application forms;
    (2) Be maintained by the applicant substantially accurate and 
complete in all significant respects in accordance with the provisions 
of Sec. 1.65 of this chapter.
    (3) Show compliance with and make all special showings that may be 
applicable;

[[Page 294]]

    (c) Where documents, exhibits, or other lengthy showings already on 
file with the Commission contain information which is required by an 
application form, the application may specifically refer to such 
information, if:
    (1) The information previously filed is over one A4 (21 cm x 29.7 
cm) or 8.5 x 11 inch (21.6 cm x 27.9 cm) page in length, and all 
information referenced therein is current and accurate in all 
significant respects under Sec. 1.65 of this chapter; and
    (2) The reference states specifically where the previously filed 
information can actually be found, including mention of:
    (i) The station call sign or application file number whenever the 
reference is to station files or previously filed applications; and
    (ii) The title of the proceeding, the docket number, and any legal 
citations, whenever the reference is to a docketed proceeding.

However, question on an application form which call for specific 
technical data, or which can be answered by a ``yes'' or ``no'' or other 
short answer shall be answered as appropriate and shall not be cross-
referenced to a previous filing.
    (d) In addition to the general application requirements of subpart F 
and Secs. 1.2105 of this chapter, 24.813 and 24.815, applicants shall 
submit any additional documents, exhibits, or signed written statements 
of fact:
    (1) As may be required by these rules; and
    (2) As the Commission, at any time after the filing of an 
application and during the term of any authorization, may require from 
any applicant, permittee or licensee to enable it to determine whether a 
radio authorization should be granted, denied or revoked.
    (e) Except when the Commission has declared explicitly to the 
contrary, an informational requirement does not in itself imply the 
processing treatment of decisional weight to be accorded the response.
    (f) All applicants (except applicants filing FCC Form 175) are 
required to indicate at the time their application is filed whether or 
not a Commission grant of the application may have a significant 
environmental impact as defined by Sec. 1.1307 of this chapter. If 
answered affirmatively, the requisite environmental assessment as 
prescribed in Sec. 1.1311 of this chapter must be filed with the 
application and Commission environmental review must be completed prior 
to construction. See Sec. 1.1312 of this chapter. All broadband PCS 
licensees are subject to continuing obligation to determine whether 
subsequent construction may have a significant environmental impact 
prior to undertaking such construction and to otherwise comply with 
Secs. 1.1301 through 1.1319 of this chapter. See Sec. 1.1312 of this 
chapter.
[ 59 FR 37610 , July 22, 1994, as amended at  59 FR 53371 , Oct. 24, 1994; 
 59 FR 59957 , Nov. 21, 1994;  60 FR 13917 , Mar. 15, 1995;  61 FR 33870 , 
July 1, 1996]


Goto Section: 24.812 | 24.814

Goto Year: 1996 | 1998
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