Goto Section: 1.2001 | 1.2101 | Table of Contents
Revised as of December 2, 2020
Goto Year:2020 |
§ 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
(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 Federal, State or local governmental
entities or subdivisions thereof.
(d) The provisions of paragraphs (a) and (b) of this section are
applicable to spectrum lessees (see § 1.9003 of subpart X of this part)
engaged in spectrum manager leasing arrangements and de facto transfer
leasing arrangements pursuant to the rules set forth in subpart X of
[ 57 FR 187 , Jan. 3, 1992, as amended at 58 FR 8701 , Feb. 17, 1993; 60 FR 39269 , Aug. 2, 1995; 68 FR 66277 , Nov. 25, 2003]
Subpart Q—Competitive Bidding Proceedings
Source: 59 FR 44293 , Aug. 26, 1994, unless otherwise noted.
Goto Section: 1.2001 | 1.2101
Goto Year: 2020 |
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