Goto Section: 1.5000 | 1.5002 | Table of Contents

FCC 1.5001
Revised as of January 19, 2021
Goto Year:2020 | 2022
  §  1.5001   Contents of petitions for declaratory ruling under section 310(b)
of the Communications Act of 1934, as amended.

   Link to an amendment published at  85 FR 76382 , Nov. 27, 2020.

   The petition for declaratory ruling required by § 1.5000(a)(1) and/or
   (2) shall contain the following information:

   (a) With respect to each petitioning applicant or licensee, provide its
   name; FCC Registration Number (FRN); mailing address; place of
   organization; telephone number; facsimile number (if available);
   electronic mail address (if available); type of business organization
   (e.g., corporation, unincorporated association, trust, general
   partnership, limited partnership, limited liability company, trust,
   other (include description of legal entity)); name and title of officer
   certifying to the information contained in the petition.

   (b) If the petitioning applicant or licensee is represented by a third
   party (e.g., legal counsel), specify that individual's name, the name
   of the firm or company, mailing address and telephone number/electronic
   mail address.

   (c)(1) For each named licensee, list the type(s) of radio service
   authorized (e.g., broadcast service, cellular radio telephone service;
   microwave radio service; mobile satellite service; aeronautical fixed
   service). In the case of broadcast licensees, also list the call sign,
   facility identification number (if applicable), and community of
   license or transmit site for each authorization covered by the
   petition.

   (2) If the petition is filed in connection with an application for a
   radio station license or a spectrum leasing arrangement, or an
   application to acquire a license or spectrum leasing arrangement by
   assignment or transfer of control, specify for each named applicant:

   (i) The File No(s). of the associated application(s), if available at
   the time the petition is filed; otherwise, specify the anticipated
   filing date for each application; and

   (ii) The type(s) of radio services covered by each application (e.g.,
   broadcast service, cellular radio telephone service; microwave radio
   service; mobile satellite service; aeronautical fixed service).

   (d) With respect to each petitioner, include a statement as to whether
   the petitioner is requesting a declaratory ruling under § 1.5000(a)(1)
   and/or (2).

   (e) Disclosable interest holders—direct U.S. or foreign interests in
   the controlling U.S. parent. Paragraphs (e)(1) through (4) of this
   section apply only to petitions filed under § 1.5000(a)(1) and/or (2)
   for common carrier, aeronautical en route, and aeronautical fixed radio
   station applicants or licensees, as applicable. Petitions filed under
   § 1.5000(a)(1) for broadcast licensees shall provide the name of any
   individual or entity that holds, or would hold, directly, an
   attributable interest in the controlling U.S. parent of the petitioning
   broadcast station applicant(s) or licensee(s), as defined in the Notes
   to § 73.3555 of this chapter. Where no individual or entity holds, or
   would hold, directly, an attributable interest in the controlling U.S.
   parent (for petitions filed under § 1.5000(a)(1)), the petition shall
   specify that no individual or entity holds, or would hold, directly, an
   attributable interest in the U.S. parent, applicant(s), or licensee(s).

   (1) Direct U.S. or foreign interests of ten percent or more or a
   controlling interest. With respect to petitions filed under
   § 1.5000(a)(1), provide the name of any individual or entity that holds,
   or would hold, directly 10 percent or more of the equity interests
   and/or voting interests, or a controlling interest, in the controlling
   U.S. parent of the petitioning common carrier or aeronautical radio
   station applicant(s) or licensee(s) as specified in paragraphs
   (e)(4)(i) through (iv) of this section.

   (2) Direct U.S. or foreign interests of ten percent or more or a
   controlling interest. With respect to petitions filed under
   § 1.5000(a)(2), provide the name of any individual or entity that holds,
   or would hold, directly 10 percent or more of the equity interests
   and/or voting interests, or a controlling interest, in each petitioning
   common carrier applicant or licensee as specified in paragraphs
   (e)(4)(i) through (iv) of this section.

   (3) Where no individual or entity holds, or would hold, directly 10
   percent or more of the equity interests and/or voting interests, or a
   controlling interest, in the controlling U.S. parent (for petitions
   filed under § 1.5000(a)(1)) or in the applicant or licensee (for
   petitions filed under § 1.5000(a)(2)), the petition shall state that no
   individual or entity holds or would hold directly 10 percent or more of
   the equity interests and/or voting interests, or a controlling
   interest, in the U.S. parent, applicant or licensee.

   (4)(i) Where a named U.S. parent, applicant, or licensee is organized
   as a corporation, provide the name of any individual or entity that
   holds, or would hold, 10 percent or more of the outstanding capital
   stock and/or voting stock, or a controlling interest.

   (ii) Where a named U.S. parent, applicant, or licensee is organized as
   a general partnership, provide the names of the partnership's
   constituent general partners.

   (iii) Where a named U.S. parent, applicant, or licensee is organized as
   a limited partnership or limited liability partnership, provide the
   name(s) of the general partner(s) (in the case of a limited
   partnership), any uninsulated partner, regardless of its equity
   interest, and any insulated partner with an equity interest in the
   partnership of at least 10 percent (calculated according to the
   percentage of the partner's capital contribution). With respect to each
   named partner (other than a named general partner), the petitioner
   shall state whether the partnership interest is insulated or
   uninsulated, based on the insulation criteria specified in § 1.5003.

   (iv) Where a named U.S. parent, applicant, or licensee is organized as
   a limited liability company, provide the name(s) of each uninsulated
   member, regardless of its equity interest, any insulated member with an
   equity interest of at least 10 percent (calculated according to the
   percentage of its capital contribution), and any non-equity manager(s).
   With respect to each named member, the petitioner shall state whether
   the interest is insulated or uninsulated, based on the insulation
   criteria specified in § 1.5003, and whether the member is a manager.

   Note to paragraph (e): The Commission presumes that a general partner
   of a general partnership or limited partnership has a controlling (100
   percent) voting interest in the partnership. A general partner shall in
   all cases be deemed to hold an uninsulated interest in the partnership.

   (f) Disclosable interest holders—indirect U.S. or foreign interests in
   the controlling U.S. parent. Paragraphs (f)(1) through (3) of this
   section apply only to petitions filed under § 1.5000(a)(1) and/or
   § 1.5000(a)(2) for common carrier, aeronautical en route, and
   aeronautical fixed radio station applicants or licensees, as
   applicable. Petitions filed under § 1.5000(a)(1) for broadcast licensees
   shall provide the name of any individual or entity that holds, or would
   hold, indirectly, an attributable interest in the controlling U.S.
   parent of the petitioning broadcast station applicant(s) or
   licensee(s), as defined in the Notes to § 73.3555 of this chapter. Where
   no individual or entity holds, or would hold, indirectly, an
   attributable interest in the controlling U.S. parent (for petitions
   filed under § 1.5000(a)(1)), the petition shall specify that no
   individual or entity holds, or would hold, indirectly, an attributable
   interest in the U.S. parent, applicant(s), or licensee(s).

   (1) Indirect U.S. or foreign interests of 10 percent or more or a
   controlling interest. With respect to petitions filed under
   § 1.5000(a)(1), provide the name of any individual or entity that holds,
   or would hold, indirectly, through one or more intervening entities, 10
   percent or more of the equity interests and/or voting interests, or a
   controlling interest, in the controlling U.S. parent of the petitioning
   common carrier or aeronautical radio station applicant(s) or
   licensee(s). Equity interests and voting interests held indirectly
   shall be calculated in accordance with the principles set forth in
   § 1.5002.

   (2) Indirect U.S. or foreign interests of 10 percent or more or a
   controlling interest. With respect to petitions filed under
   § 1.5000(a)(2), provide the name of any individual or entity that holds,
   or would hold, indirectly, through one or more intervening entities, 10
   percent or more of the equity interests and/or voting interests, or a
   controlling interest, in the petitioning common carrier radio station
   applicant(s) or licensee(s). Equity interests and voting interests held
   indirectly shall be calculated in accordance with the principles set
   forth in § 1.5002.

   (3) Where no individual or entity holds, or would hold, indirectly 10
   percent or more of the equity interests and/or voting interests, or a
   controlling interest, in the controlling U.S. parent (for petitions
   filed under § 1.5000(a)(1)) or in the petitioning applicant(s) or
   licensee(s) (for petitions filed under § 1.5000(a)(2)), the petition
   shall specify that no individual or entity holds indirectly 10 percent
   or more of the equity interests and/or voting interests, or a
   controlling interest, in the U.S. parent, applicant(s), or licensee(s).

   Note to paragraph (f): The Commission presumes that a general partner
   of a general partnership or limited partnership has a controlling
   interest in the partnership. A general partner shall in all cases be
   deemed to hold an uninsulated interest in the partnership.

   (g)(1) Citizenship and other information for disclosable interests in
   common carrier, aeronautical en route, and aeronautical fixed radio
   station applicants and licensees. For each 10 percent interest holder
   named in response to paragraphs (e) and (f) of this section, specify
   the equity interest held and the voting interest held (each to the
   nearest one percent); in the case of an individual, his or her
   citizenship; and in the case of a business organization, its place of
   organization, type of business organization (e.g., corporation,
   unincorporated association, trust, general partnership, limited
   partnership, limited liability company, trust, other (include
   description of legal entity)), and principal business(es).

   (2) Citizenship and other information for disclosable interests in
   broadcast station applicants and licensees. For each attributable
   interest holder named in response to paragraphs (e) and (f) of this
   section, describe the nature of the attributable interest and, if
   applicable, specify the equity interest held and the voting interest
   held (each to the nearest one percent); in the case of an individual,
   his or her citizenship; and in the case of a business organization, its
   place of organization, type of business organization (e.g.,
   corporation, unincorporated association, trust, general partnership,
   limited partnership, limited liability company, trust, other (include
   description of legal entity)), and principal business(es).

   (h)(1) Estimate of aggregate foreign ownership. For petitions filed
   under § 1.5000(a)(1), attach an exhibit that provides a percentage
   estimate of the controlling U.S. parent's aggregate direct and/or
   indirect foreign equity interests and its aggregate direct and/or
   indirect foreign voting interests. For petitions filed under
   § 1.5000(a)(2), attach an exhibit that provides a percentage estimate of
   the aggregate foreign equity interests and aggregate foreign voting
   interests held directly in the petitioning applicant(s) and/or
   licensee(s), if any, and the aggregate foreign equity interests and
   aggregate foreign voting interests held indirectly in the petitioning
   applicant(s) and/or licensee(s). The exhibit required by this paragraph
   must also provide a general description of the methods used to
   determine the percentages, and a statement addressing the circumstances
   that prompted the filing of the petition and demonstrating that the
   public interest would be served by grant of the petition.

   (2) Ownership and control structure. Attach an exhibit that describes
   the ownership and control structure of the applicant(s) and/or
   licensee(s) that are the subject of the petition, including an
   ownership diagram and identification of the real party-in-interest
   disclosed in any companion applications. The ownership diagram should
   illustrate the petitioner's vertical ownership structure, including the
   controlling U.S. parent named in the petition (for petitions filed
   under § 1.5000(a)(1)) and either:

   (i) For common carrier, aeronautical en route, and aeronautical fixed
   radio station applicants and licensees, the direct and indirect
   ownership (equity and voting) interests held by the individual(s)
   and/or entity(ies) named in response to paragraphs (e) and (f) of this
   section; or

   (ii) For broadcast station applicants and licensees, the attributable
   interest holders named in response to paragraphs (e) and (f) of this
   section. Each such individual or entity shall be depicted in the
   ownership diagram and all controlling interests labeled as such. Where
   the petition includes multiple petitioners, the ownership of all
   petitioners may be depicted in a single ownership diagram or in
   multiple diagrams.

   (i) Requests for specific approval. Provide, as required or permitted
   by this paragraph, the name of each foreign individual and/or entity
   for which each petitioner requests specific approval, if any, and the
   respective percentages of equity and/or voting interests (to the
   nearest one percent) that each such foreign individual or entity holds,
   or would hold, directly and/or indirectly, in the controlling U.S.
   parent of the petitioning broadcast, common carrier or aeronautical
   radio station applicant(s) or licensee(s) for petitions filed under
   § 1.5000(a)(1), and in each petitioning common carrier applicant or
   licensee for petitions filed under § 1.5000(a)(2).

   (1) Each petitioning broadcast, common carrier or aeronautical radio
   station applicant or licensee filing under § 1.5000(a)(1) shall identify
   and request specific approval for any foreign individual, entity, or
   group of such individuals or entities that holds, or would hold,
   directly and/or indirectly, more than 5 percent of the equity and/or
   voting interests, or a controlling interest, in the petitioner's
   controlling U.S. parent unless the foreign investment is exempt under
   paragraph (i)(3) of this section. Equity and voting interests held
   indirectly in the petitioner's controlling U.S. parent shall be
   calculated in accordance with the principles set forth in § § 1.5002 and
   1.5003. Equity and voting interests held directly in a petitioner's
   controlling U.S. parent that is organized as a partnership or limited
   liability company shall be calculated in accordance with Note 1 to
   paragraph (i)(3)(ii)(C) of this section.

   Note to paragraph (i)(1): Solely for the purpose of identifying foreign
   interests that require specific approval under this paragraph (i),
   broadcast station applicants and licensees filing petitions under
   § 1.5000(a)(1) should calculate equity and voting interests in
   accordance with the principles set forth in § § 1.5002 and 1.5003 and not
   as set forth in the Notes to § 73.3555 of this chapter, to the extent
   that there are any differences in such calculation methods.
   Notwithstanding the foregoing, the insulation of limited partnership,
   limited liability partnership, and limited liability company interests
   for broadcast applicants and licensees shall be determined in
   accordance with Note 2(f) of § 73.3555 of this chapter.

   (2) Each petitioning common carrier radio station applicant or licensee
   filing under § 1.5000(a)(2) shall identify and request specific approval
   for any foreign individual, entity, or group of such individuals or
   entities that holds, or would hold, directly, and/or indirectly through
   one or more intervening U.S.-organized entities that do not control the
   applicant or licensee, more than 5 percent of the equity and/or voting
   interests in the applicant or licensee unless the foreign investment is
   exempt under paragraph (i)(3) of this section. Equity and voting
   interests held indirectly in the applicant or licensee shall be
   calculated in accordance with the principles set forth in § § 1.5002 and
   1.5003. Equity and voting interests held directly in an applicant or
   licensee that is organized as a partnership or limited liability
   company shall be calculated in accordance with Note 1 to paragraph
   (i)(3)(ii)(C) of this section.

   Note 1 to paragraphs (i)(1) and (2): Certain foreign interests of 5
   percent or less may require specific approval under paragraphs (i)(1)
   and (2). See Note 2 to paragraph (i)(3)(ii)(C) of this section.

   Note 2 to paragraphs (i)(1) and (2): Two or more individuals or
   entities will be treated as a “group” when they have agreed to act
   together for the purpose of acquiring, holding, voting, or disposing of
   their equity and/or voting interests in the licensee and/or controlling
   U.S. parent of the licensee or in any intermediate company(ies) through
   which any of the individuals or entities holds its interests in the
   licensee and/or controlling U.S. parent of the licensee.

   (3) A foreign investment is exempt from the specific approval
   requirements of paragraphs (i)(1) and (2) of this section where:

   (i) The foreign individual or entity holds, or would hold, directly
   and/or indirectly, no more than 10 percent of the equity and/or voting
   interests of the U.S. parent (for petitions filed under § 1.5000(a)(1))
   or the petitioning applicant or licensee (for petitions filed under
   § 1.5000(a)(2)); and

   (ii) The foreign individual or entity does not hold, and would not
   hold, a controlling interest in the petitioner or any controlling
   parent company, does not plan or intend to change or influence control
   of the petitioner or any controlling parent company, does not possess
   or develop any such purpose, and does not take any action having such
   purpose or effect. The Commission will presume, in the absence of
   evidence to the contrary, that the following interests satisfy this
   criterion for exemption from the specific approval requirements in
   paragraphs (i)(1) and (2) of this section:

   (A) Where the petitioning applicant or licensee, controlling U.S.
   parent, or entity holding a direct or indirect equity and/or voting
   interest in the applicant/licensee or U.S. parent is a “public
   company,” as defined in § 1.5000(d)(9), provided that the foreign holder
   is an institutional investor that is eligible to report its beneficial
   ownership interests in the company's voting, equity securities in
   excess of 5 percent (not to exceed 10 percent) pursuant to Exchange Act
   Rule 13d-1(b), 17 CFR 240.13d-1(b), or a substantially comparable
   foreign law or regulation. This presumption shall not apply if the
   foreign individual, entity or group holding such interests is obligated
   to report its holdings in the company pursuant to Exchange Act Rule
   13d-1(a), 17 CFR 240.13d-1(a), or a substantially comparable foreign
   law or regulation.
   Example. Common carrier applicant (“Applicant”) is preparing a petition
   for declaratory ruling to request Commission approval for foreign
   ownership of its controlling, U.S.-organized parent (“U.S. Parent”) to
   exceed the 25 percent benchmark in section 310(b)(4) of the Act.
   Applicant does not currently hold any FCC licenses. Shares of U.S.
   Parent trade publicly on the New York Stock Exchange. Based on a review
   of its shareholder records, U.S. Parent has determined that its
   aggregate foreign ownership on any given day may exceed an aggregate 25
   percent, including a 6 percent common stock interest held by a
   foreign-organized mutual fund (“Foreign Fund”). U.S. Parent has
   confirmed that Foreign Fund is not currently required to report its
   interest pursuant to Exchange Act Rule 13d-1(a) and instead is eligible
   to report its interest pursuant to Exchange Act Rule 13d-1(b). U.S.
   Parent also has confirmed that Foreign Fund does not hold any other
   interests in U.S. Parent's equity securities, whether of a class of
   voting or non-voting securities. Applicant may, but is not required to,
   request specific approval of Foreign Fund's 6 percent interest in U.S.
   Parent.

   Note to paragraph (i)(3)(ii)(A): Where an institutional investor holds
   voting, equity securities that are subject to reporting under Exchange
   Act Rule 13d-1, 17 CFR 240.13d-1, or a substantially comparable foreign
   law or regulation, in addition to equity securities that are not
   subject to such reporting, the investor's total capital stock interests
   may be aggregated and treated as exempt from the 5 percent specific
   approval requirement in paragraphs (i)(1) and (2) of this section so
   long as the aggregate amount of the institutional investor's holdings
   does not exceed 10 percent of the company's total capital stock or
   voting rights and the investor is eligible to certify under Exchange
   Act Rule 13d-1(b), 17 CFR 240.13d-1(b), or a substantially comparable
   foreign law or regulation that it has acquired its capital stock
   interests in the ordinary course of business and not with the purpose
   nor with the effect of changing or influencing the control of the
   company. In calculating foreign equity and voting interests, the
   Commission does not consider convertible interests such as options,
   warrants and convertible debentures until converted, unless
   specifically requested by the petitioner, i.e., where the petitioner is
   requesting approval so those rights can be exercised in a particular
   case without further Commission approval.

   (B) Where the petitioning applicant or licensee, controlling U.S.
   parent, or entity holding a direct and/or indirect equity and/or voting
   interest in the applicant/licensee or U.S. parent is a “privately held”
   corporation, as defined in § 1.5000(d)(8), provided that a shareholders'
   agreement, or similar voting agreement, prohibits the foreign holder
   from becoming actively involved in the management or operation of the
   corporation and limits the foreign holder's voting and consent rights,
   if any, to the minority shareholder protections listed in paragraph
   (i)(5) of this section.

   (C) Where the petitioning applicant or licensee, controlling U.S.
   parent, or entity holding a direct and/or indirect equity and/or voting
   interest in the licensee or U.S. parent is “privately held,” as defined
   in § 1.5000(d)(8), and is organized as a limited partnership, limited
   liability company (“LLC”), or limited liability partnership (“LLP”),
   provided that the foreign holder is “insulated” in accordance with the
   criteria specified in § 1.5003.

   Note 1 to paragraph (i)(3)(ii)(C): For purposes of identifying foreign
   interests that require specific approval, where the petitioning
   applicant, licensee, or controlling U.S. parent is itself organized as
   a partnership or LLC, a general partner, uninsulated limited partner,
   uninsulated LLC member, and non-member LLC manager shall be deemed to
   hold a controlling (100 percent) voting interest in the applicant,
   licensee, or controlling U.S. parent.

   Note 2 to paragraph (i)(3)(ii)(C): For purposes of identifying foreign
   interests that require specific approval, where interests are held
   indirectly in the petitioning applicant, licensee, or controlling U.S.
   parent through one or more intervening partnerships or LLCs, a general
   partner, uninsulated limited partner, uninsulated LLC members, and
   non-member LLC managers shall be deemed to hold the same voting
   interest as the partnership or LLC holds in the company situated in the
   next lower tier of the petitioner's vertical ownership chain and,
   ultimately, the same voting interest as the partnership or LLC is
   calculated as holding in the controlling U.S. parent (for petitions
   filed under § 1.5000(a)(1)) or in the applicant or licensee (for
   petitions filed under § 1.5000(a)(2)). See § 1.5002(b)(2)(ii)(A) and
   (b)(2)(iii)(A). Where a limited partner or LLC member is insulated, the
   limited partner's or LLC member's voting interest in the controlling
   U.S. parent (for petitions filed under § 1.5000(a)(1)), or in the
   applicant or licensee (for petitions filed under § 1.5000(a)(2)) is
   calculated as equal to the limited partner's or LLC member's equity
   interest in the U.S. parent or in the applicant or licensee,
   respectively. See § 1.5002(b)(2)(ii)(B) and (b)(2)(iii)(B). Thus,
   depending on the particular ownership structure presented in the
   petition, a foreign general partner, uninsulated limited partner, LLC
   member, or non-member LLC manager of an intervening partnership or LLC
   may be deemed to hold an indirect voting interest in the controlling
   U.S. parent or in the petitioning applicant or licensee that requires
   specific approval because the voting interest exceeds the 5 percent
   amount specified in paragraphs (i)(1) and (2) of this section and,
   unless the voting interest is otherwise insulated at a lower tier of
   the petitioner's vertical ownership chain, the voting interest would
   not qualify as exempt from specific approval under this paragraph
   (i)(3)(ii)(C) even in circumstances where the voting interest does not
   exceed 10 percent.

   (4) A petitioner may, but is not required to, request specific approval
   for any other foreign individual or entity that holds, or would hold, a
   direct and/or indirect equity and/or voting interest in the controlling
   U.S. parent (for petitions filed under § 1.5000(a)(1)) or in the
   petitioning applicant or licensee (for petitions filed under
   § 1.5000(a)(2)).

   (5) The minority shareholder protections referenced in paragraph
   (i)(3)(ii)(B) of this section consist of the following rights:

   (i) The power to prevent the sale or pledge of all or substantially all
   of the assets of the corporation or a voluntary filing for bankruptcy
   or liquidation;

   (ii) The power to prevent the corporation from entering into contracts
   with majority shareholders or their affiliates;

   (iii) The power to prevent the corporation from guaranteeing the
   obligations of majority shareholders or their affiliates;

   (iv) The power to purchase an additional interest in the corporation to
   prevent the dilution of the shareholder's pro rata interest in the
   event that the corporation issues additional instruments conveying
   shares in the company;

   (v) The power to prevent the change of existing legal rights or
   preferences of the shareholders, as provided in the charter, by-laws or
   other operative governance documents;

   (vi) The power to prevent the amendment of the charter, by-laws or
   other operative governance documents of the company with respect to the
   matters described in paragraph (i)(5)(i) through (v) of this section.

   (6) The Commission reserves the right to consider, on a case-by-case
   basis, whether voting or consent rights over matters other than those
   listed in paragraph (i)(5) of this section shall be considered
   permissible minority shareholder protections in a particular case.

   (j) For each foreign individual or entity named in response to
   paragraph (i) of this section, provide the following information:

   (1) In the case of an individual, his or her citizenship and principal
   business(es);

   (2) In the case of a business organization:

   (i) Its place of organization, type of business organization (e.g.,
   corporation, unincorporated association, trust, general partnership,
   limited partnership, limited liability company, trust, other (include
   description of legal entity)), and principal business(es);

   (ii)(A) For common carrier, aeronautical en route, and aeronautical
   fixed radio station applicants and licensees, the name of any
   individual or entity that holds, or would hold, directly and/or
   indirectly, through one or more intervening entities, 10 percent or
   more of the equity interests and/or voting interests, or a controlling
   interest, in the foreign entity for which the petitioner requests
   specific approval. Specify for each such interest holder, his or her
   citizenship (for individuals) or place of legal organization (for
   entities). Equity interests and voting interests held indirectly shall
   be calculated in accordance with the principles set forth in § 1.5002.

   (B) For broadcast applicants and licensees, the name of any individual
   or entity that holds, or would hold, directly and/or indirectly,
   through one or more intervening entities, an attributable interest in
   the foreign entity for which the petitioner requests specific approval.
   Specify for each such interest holder, his or her citizenship (for
   individuals) or place of legal organization (for entities).
   Attributable interests shall be calculated in accordance with the
   principles set forth in the Notes to § 73.3555 of this chapter.

   (iii)(A) For common carrier, aeronautical en route, and aeronautical
   fixed radio station applicants and licensees, where no individual or
   entity holds, or would hold, directly and/or indirectly, 10 percent or
   more of the equity interests and/or voting interests, or a controlling
   interest, the petition shall specify that no individual or entity
   holds, or would hold, directly and/or indirectly, 10 percent or more of
   the equity interests and/or voting interests, or a controlling
   interest, in the foreign entity for which the petitioner requests
   specific approval.

   (B) For broadcast applicants and licensees, where no individual or
   entity holds, or would hold, directly and/or indirectly, an
   attributable interest in the foreign entity, the petition shall specify
   that no individual or entity holds, or would hold, directly and/or
   indirectly, an attributable interest in the foreign entity for which
   the petitioner requests specific approval.

   (k) Requests for advance approval. The petitioner may, but is not
   required to, request advance approval in its petition for any foreign
   individual or entity named in response to paragraph (i) of this section
   to increase its direct and/or indirect equity and/or voting interests
   in the controlling U.S. parent of the broadcast, common carrier or
   aeronautical radio station licensee, for petitions filed under
   § 1.5000(a)(1), and/or in the common carrier licensee, for petitions
   filed under § 1.5000(a)(2), above the percentages specified in response
   to paragraph (i) of this section. Requests for advance approval shall
   be made as follows:

   (1) Petitions filed under § 1.5000(a)(1). Where a foreign individual or
   entity named in response to paragraph (i) of this section holds, or
   would hold upon consummation of any transactions described in the
   petition, a de jure or de facto controlling interest in the controlling
   U.S. parent, the petitioner may request advance approval in its
   petition for the foreign individual or entity to increase its
   interests, at some future time, up to any amount, including 100 percent
   of the direct and/or indirect equity and/or voting interests in the
   U.S. parent. The petitioner shall specify for the named controlling
   foreign individual(s) or entity(ies) the maximum percentages of equity
   and/or voting interests for which advance approval is sought or, in
   lieu of a specific amount, state that the petitioner requests advance
   approval for the named controlling foreign individual or entity to
   increase its interests up to and including 100 percent of the U.S.
   parent's direct and/or indirect equity and/or voting interests.

   (2) Petitions filed under § 1.5000(a)(1) and/or (2). Where a foreign
   individual or entity named in response to paragraph (i) of this section
   holds, or would hold upon consummation of any transactions described in
   the petition, a non-controlling interest in the controlling U.S. parent
   of the licensee, for petitions filed under § 1.5000(a)(1), or in the
   licensee, for petitions filed under § 1.5000(a)(2), the petitioner may
   request advance approval in its petition for the foreign individual or
   entity to increase its interests, at some future time, up to any
   non-controlling amount not to exceed 49.99 percent. The petitioner
   shall specify for the named foreign individual(s) or entity(ies) the
   maximum percentages of equity and/or voting interests for which advance
   approval is sought or, in lieu of a specific amount, shall state that
   the petitioner requests advance approval for the named foreign
   individual(s) or entity(ies) to increase their interests up to and
   including a non-controlling 49.99 percent equity and/or voting interest
   in the licensee, for petitions filed under § 1.5000(a)(2), or in the
   controlling U.S. parent of the licensee, for petitions filed under
   § 1.5000(a)(1).

   (l) Each applicant, licensee, or spectrum lessee filing a petition for
   declaratory ruling shall certify to the information contained in the
   petition in accordance with the provisions of § 1.16 and the
   requirements of § 1.5000(c)(1).

   


Goto Section: 1.5000 | 1.5002

Goto Year: 2020 | 2022
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