Sec. 26.323  Post-action divestitures.

    Any parties sharing a common non-controlling ownership interests who 
aggregate more GWCS spectrum among them than a single entity is entitled 
to hold will be permitted to divest sufficient properties within 90 days 
of the license grant to come into compliance with the spectrum 
aggregation limits as follows:
    (a) The GWCS applicant shall submit a signed statement with its 
long-form application stating that sufficient properties will be 
divested within 90 days of the license grant. If the licensee is 
otherwise qualified, the Commission will grant the applications subject 
to a condition that the licensee come into compliance with the GWCS 
spectrum aggregation limits within 90 days of grant.
    (b) Within 90 days of license grant, the licensee must certify that 
the applicant and all parties to the application have come into 
compliance with the GWCS spectrum aggregation limits. If the licensee 
fails to submit the certification within 90 days, the Commission will 
immediately cancel all broadband GWCS licenses won by the applicant, 
impose the default payment and, based on the facts presented, take

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any other action it deems appropriate. Divestiture may be an interim 
trustee if a buyer has not been secured in the required time frame, as 
long as the applicant has no interest in or control of the trustee, and 
the trustee may dispose of the property as it sees fit. In no event may 
the trustee retain the property for longer than six months from grant of 
license.