Sec. 90.1023  Certifications, disclosures, records maintenance and 
          audits.

    (a) Short-form applications: Certifications and disclosure. In 
addition to certifications and disclosures required in part 1, subpart 
Q, of this chapter, each applicant for a 220 MHz service geographic area 
license which qualifies as a small business, very small business, 
consortium of small businesses, or consortium of very small businesses, 
shall append the following information as an exhibit to its FCC Form 
175:
    (1) The identity of the applicant's affiliates and controlling 
principals, and, if a consortium of small businesses (or consortium of 
very small businesses), the members of the joint venture; and
    (2) The applicant's gross revenues, computed in accordance with 
Sec. 90.1021.

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    (b) Long-form applications: Certifications and disclosure. In 
addition to the requirements in Sec. 90.1013, each applicant submitting 
a long-form application for a 220 MHz service geographic area license 
and qualifying as a small business or very small business shall, in an 
exhibit to its long-form application:
    (1) Disclose separately and in the aggregate the gross revenues, 
computed in accordance with Sec. 90.1021, for each of the following: The 
applicant, the applicant's affiliates, the applicant's controlling 
principals, and, if a consortium of small businesses (or consortium of 
very small businesses), the members of the joint venture;
    (2) List and summarize all agreements or other instruments (with 
appropriate references to specific provisions in the text of such 
agreements and instruments) that support the applicant's eligibility as 
a small business or very small business under Secs. 90.1017 through 
90.1023, including the establishment of de facto and de jure control; 
such agreements and instruments include, but are not limited to, 
articles of incorporation and bylaws, shareholder agreements, voting or 
other trust agreements, franchise agreements, and any other relevant 
agreements including letters of intent, oral or written; and
    (3) List and summarize any investor protection agreements, including 
rights of first refusal, supermajority clauses, options, veto rights, 
and rights to hire and fire employees and to appoint members to boards 
of directors or management committees.
    (c) Records maintenance. All winning bidders qualifying as small 
businesses or very small businesses shall maintain at their principal 
place of business an updated file of ownership, revenue, and asset 
information, including any documents necessary to establish eligibility 
as a small business or very small business and/or consortium of small 
businesses (or consortium of very small businesses) under Sec. 90.1021. 
Licensees (and their successors-in-interest) shall maintain such files 
for the term of the license. Applicants that do not obtain the 
license(s) for which they applied shall maintain such files until the 
grant of such license(s) is final, or one year from the date of the 
filing of their short-form application (FCC Form 175), whichever is 
earlier.
    (d) Audits. (1) Applicants and licensees claiming eligibility as a 
small business or very small business or consortium of small businesses 
(or consortium of very small businesses) under Secs. 90.1017 through 
90.1023 shall be subject to audits by the Commission. Selection for 
audit may be random, on information, or on the basis of other factors.
    (2) Consent to such audits is part of the certification included in 
the short-form application (FCC Form 175). Such consent shall include 
consent to the audit of the applicant's or licensee's books, documents 
and other material (including accounting procedures and practices) 
regardless of form or type, sufficient to confirm that such applicant's 
or licensee's representations are, and remain, accurate. Such consent 
shall include inspection at all reasonable times of the facilities, or 
parts thereof, engaged in providing and transacting business, or keeping 
records regarding licensed 220 MHz service, and shall also include 
consent to the interview of principals, employees, customers and 
suppliers of the applicant or licensee.
    (e) Definitions. The terms affiliate, small business, very small 
business, consortium of small businesses (or consortium of very small 
businesses), and gross revenues used in this section are defined in 
Sec. 90.1021.