Sec. 90.815  Eligibility for small business status.

    (a) Short-Form Applications: Certifications and Disclosure. Each 
applicant for an MTA license which qualifies as a small business or 
consortium of small businesses shall append the following information as 
an exhibit to its short-form application (Form 175):
    (1) The identity of the applicant's affiliates, persons or entities 
that hold attributable interests in such entity, and their affiliates, 
and, if a consortium of small businesses, the members in the joint 
venture; and
    (2) The applicant's gross revenues, computed in accordance with 
Sec. 90.814.
    (b) Long Form Applications: Certifications and Disclosure. In 
addition to the requirements in subpart U of this part, each applicant 
submitting a long-form application for license(s) and qualifying as a 
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. 90.814, for each of the following: the 
applicant; the applicant's affiliates, the applicant's attributable 
investors, affiliates of its attributable investors, and, if a 
consortium of 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 under Secs. 90.810 through 90.812, including the 
establishment of de facto and de jure control; such agreements and 
instruments include 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, 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 and/or 
consortium of small businesses under Sec. 90.814. Licensees (and their 
successors in interest) shall maintain such files for the term of the 
license.
    (d) Audits. (1) Applicants and licensees claiming eligibility as a 
small business or consortium of small businesses under Secs. 90.810 
through 90.812 shall be subject to audits by the Commission, using in-
house and contract resources. 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 (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 900 MHz SMR 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, business owned by members of 
minority groups and/or women, consortium of small businesses, gross 
revenues, members of minority groups, nonattributable equity, small 
business and total assets used in this section are defined in 
Sec. 90.814.