OMB APPROVED
FCC Form 608 |
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OMB Control # |
Main Form |
FEDERAL COMMUNICATIONS COMMISSION |
3060-1058 Est. Avg. Burden Per Response: 4 hours |
Information and Instructions
FCC Application or Notification for
Spectrum Leasing Arrangement or Private Commons Arrangement: Wireless Telecommunications Bureau
Public Safety and Homeland Security Bureau
NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT OF 1974 AND THE PAPERWORK REDUCTION ACT OF 1995
We have estimated that each response to this collection of information will take on average 4 hours. Our estimate includes the time to read the instructions, look through existing records, gather and maintain required data, and actually complete and review the form or response. If you have any comments on this estimate, or on how we can improve the collection and reduce the burden it causes you, please write the Federal Communications Commission, AMD-PERM, Washington, DC 20554, Paperwork Reduction Project (3060-
1058). We will also accept your comments via the Internet if you send them to PRA@fcc.gov. Please do not send completed application/notification forms to this address.
You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection unless it displays a currently valid OMB control number with this notice. This collection has been assigned OMB control number 3060-1058.
The FCC is authorized under the Communications Act of 1934, as amended, to collect the personal information we request in this form. We will use the information you provide to determine whether the application/notification is in the public interest. If we believe there may be a violation or potential violation of a statute, FCC regulation, rule or order, your application/notification may be referred to the Federal, state, or local agency responsible for investigating, prosecuting, enforcing or implementing the statute, rule, regulation or order. In certain cases, the information in your application/notification may be disclosed to the Department of Justice or a court or adjudicative body when (a) the FCC; or (b) any employee of the FCC; or (c) the United States Government, is a party to a proceeding before the body or has an interest in the proceeding.
All parties and entities doing business with the Commission must obtain a unique identifying number called the FCC Registration Number (FRN) and supply it when doing business with the Commission. Failure to provide the FRN may delay the processing of the application/notification. This requirement is to facilitate compliance with the Debt Collection Improvement Act of 1996 (DCIA). The FRN can be obtained electronically through the FCC webpage at http://www.fcc.gov or by manually submitting FCC Form 160. FCC Form 160 is available from the FCC’s web site at http://www.fcc.gov/formpage.html, by calling the FCC’s Forms Distribution Center
800-418-FORM (3676), or from FCC’s Fax Information System by dialing (202) 418-0177.
This notice is required by the Privacy Act of 1974, Public Law 93-579, December 31, 1974, 5 U.S.C. Section 552a(e)(3), and the
Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, 44 U.S.C. 3507.
General Instructions For Spectrum Leasing Arrangement or Private Commons Arrangement
Purpose of Form
FCC Form 608 is a multi-purpose form. It is used to provide required notification or request approval for any spectrum leasing arrangement (“Lease”) entered into between an existing licensee (“Licensee”) in certain Wireless, Mobile Satellite Services and/or Public Safety Radio Services and a spectrum lessee (“Lessee”). This form also is required to notify or request approval for any spectrum subleasing arrangement (“Sublease”). The data collected on the form is used by the FCC to determine whether the public interest would be served by the Lease or Sublease. The form is also used to provide notification for any Private Commons Arrangement entered into between a Licensee, Lessee, or Sublessee and a class of third-party users (as defined in Section 1.9080 of the Commission’s Rules). Applications/Notifications for Subleases or Private Common Arrangements must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
The services that use this form are those services listed in Section 1.9005 of the Commission’s Rules. See 47 C.F.R. Section 1.900 et seq. For additional information, see Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, WT Docket No. 00-230, FCC 03-113, at ¶ 84 & n.181 (rel. Oct. 6, 2003) (“Secondary Markets First Report and Order”) and Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, WT Docket No. 00-230, FCC 04-167, 17529-33 ¶¶
53-66 (rel. Sept. 2, 2004) (“Secondary Markets Second Report and Order”)
FCC Form 608 replaces FCC Form 603-T for all purposes.
Introduction
This is a multi-part form consisting of a Main Form and several schedules. Each application/notification, amendment, or other request must contain only one Main Form but may contain as few or as many of the additional schedules as necessary.
Main Form
The purpose of the Main Form is to obtain information sufficient to identify the parties to the associated Lease, Sublease or Private Commons Arrangement, establish the parties’ eligibility and qualifications for entering into the Lease, classify the filing, and determine the nature of the proposed service. The Main Form also contains the required certifications and signature blocks for the parties. The Main Form is required for every filing.
Schedules
In addition to the Main Form, which is required with every filing, completion of certain schedule(s) may also be required, depending on the type of Lease or Sublease, or whether a Private Commons Arrangement is involved. The purposes of these schedules are as follows:
Schedule A (Schedule for Licensees that Received Bidding Credits or Participate in the Installment Payment Plan, or Involving Licenses Won in Closed Bidding) This Schedule establishes whether unjust enrichment provisions or other restrictions apply.
Schedule B (Schedule for New Lease or New Sublease) This Schedule is used to provide required notification for new Spectrum Manager Leases or Subleases and to request approval for new De Facto Transfer Leases or Subleases. All filings for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Schedule C (Schedule for Modification of a Geographically Licensed Lease or Sublease to Add, Modify or Delete Technical Location Information for International Coordination, Environmental Assessment, or Quiet Zone Location). This Schedule is used to provide the technical location information for locations that require international coordination, an environmental assessment, or are located in a Quiet Zone. File a separate schedule for each location. All filings for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Schedule D (Schedule for Transfer of Control of a Lessee or Sublessee) This Schedule is used to notify the Commission or request Commission approval of the transfer of control of a Lessee/Sublessee. In addition, this Schedule is used to provide required notification of a transfer of control of the Lessee/Sublessee pursuant to the Commission’s forbearance procedures for telecommunications carriers. (See Section
1.948 of the Commission’s Rules). All filings for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Schedule E (Schedule for Supplemental Information Pertaining to a New Lease, New Sublease, Revision To Extend the Term of an Existing Lease or Sublease, or Revision To Cancel an Existing Lease or Sublease). This Schedule is used to provide supplemental date information in regards to the filing. All filings for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Schedule F (Schedule for Defined Geographic Area To Be Leased (Geographically Licensed Service)) This Schedule is used in conjunction with Schedule B for a New Lease when geographically licensed authorizations are involved and the entire geographic area and/or spectrum is not being leased. This Schedule must be used when the leased area involves FCC-defined geographic boundaries (i.e., Major Trading Areas (MTAs), Basic Trading Areas (BTAs), etc.) or county boundaries.
This Schedule can be used to describe the geographic area of the Lease and any amount of the licensed spectrum (or both).
Schedule G (Schedule for Leases that Involve an Undefined Geographic Area) This Schedule is used in conjunction with Schedule B and Schedule F when geographically licensed authorizations are involved and the geographic area associated with the New Lease cannot be described using FCC-defined geographic boundaries or counties. This Schedule must be used to provide the geographic coordinates (latitude and longitude) that depict the periphery of the leased area.
Schedule H (Schedule for Point-to-Point Microwave Links To Be Leased in Geographically-Licensed Services) This Schedule is used in conjunction with Schedule B for a New Lease when geographically licensed point-to-point microwave authorizations are involved and one or more links are being leased.
Schedule I (Schedule for Supplemental Information Pertaining to a New Private Commons Arrangement, Modification of an Existing Private Commons Arrangement, Revision to Extend the Term of an Existing Private Commons Arrangement, or Revision to Cancel an Existing Private Commons Arrangement). This Schedule is used when filing a notification of a Private Commons Arrangement. All filings for Private Commons Arrangements must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Who Must File and When
Existing Licensees may enter into Leases with spectrum Lessees, consistent with the Commission’s Rules governing such arrangements as set forth in Subpart X of Part 1 of the Commission’s Rules, 47 C.F.R. §§ 1.9001 et seq. In general, two types of spectrum leasing arrangements are permitted: (1) spectrum manager leasing arrangements (“Spectrum Manager Leases”) and (2) de facto transfer leasing arrangements (“De Facto Transfer Leases”). In addition, provided that certain conditions are met, Lessees are permitted to enter into spectrum subleasing arrangements (“Subleases”) with spectrum sublessees (“Sublessees”). The Commission has also established a new type of secondary market arrangement that permits the development of a “Private Commons” in licensed wireless and/or public safety radio spectrum. Applications/Notifications for Subleases or Private Common Arrangements must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
If a Licensee proposes to enter into a Spectrum Manager Lease with a Lessee, the Licensee must file a notification (“Notification”) providing specified information about and certifications by the Licensee and Lessee, with the Commission prior to commencement of operations under the Lease.
If a Licensee proposes to enter into a De Facto Transfer Lease with a Lessee, they are required to file an application for approval by the
Commission providing specified information about and certifications by both the Licensee and Lessee.
If a Lessee proposes to enter into a Sublease with a Sublessee, a similar Notification is required for a Spectrum Manager Sublease or an application/notification is required for a De Facto Transfer Sublease. Applications/Notifications for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
If a Licensee, Lessee, or Sublessee proposes to enter into a Private Commons arrangement with a class of users, the Licensee or Lessee or Sublessee (whichever entity is to serve as manager of the Private Commons arrangement) is required to file a notification (“Notification”) with the Commission. This notification must include information that describes: the general terms and conditions of the Private Commons arrange, including a description of the conditions for spectrum access placed on users: the technical and operating terms and conditions of use placed on users, including those relating to the types of communications devices that may be used within the Private Commons; the types of communications uses that are allowed by within the Private Commons; the location(s) or coverage area(s) of the Private Commons under the license authorization; and, the term of the arrangement (e.g., commencement date and termination date). Applications/Notifications for Private Common Arrangements must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
General Definitions and Other General Information (Including Who Must Sign the Form)
Unless noted otherwise, all references in these instructions to the Commission’s Rules refer to Part 1, Subpart X of the
Commission’s Rules.
Spectrum Manager Lease
A Licensee and Lessee may enter into a Spectrum Manager Lease provided that (1) the Licensee retains de jure control of its license and de facto control over the leased spectrum pursuant to the de facto control standard applicable to spectrum leasing arrangements (See Section 1.9010 of the Commission’s Rules), and (2) the Licensee and Lessee meet the other applicable requirements for Spectrum Manager Leases as set forth in the Commission’s Rules.
De Facto Transfer Lease
A Licensee and Lessee may enter into a De Facto Transfer Lease, whereby de facto control over the use of the leased spectrum is transferred to the Lessee, provided that the Licensee retains de jure control of its license and the Licensee and Lessee meet the other applicable requirements for De Facto Transfer Leases as set forth in the Commission’s Rules.
New Lease
When a Licensee and Lessee enter into a Lease of certain specified spectrum associated with a particular license authorization for the first time, such Lease constitutes a new Lease (“New Lease”) for purposes of this application/notification.
If a Licensee and Lessee involved in a Short-Term De Facto Transfer Lease seek to “convert” that Short-Term De Facto Transfer Lease into a Long-Term De Facto Transfer Lease of spectrum under the license authorization, the Short-Term De Facto Transfer Lease must be cancelled and a new Long-Term De Facto Transfer Lease application/notification filed.
A Lessee may not assign an existing Lease to another party. The existing Lease must be cancelled and the new party must file for a new Lease.
If a New Lease application/notification is filed, the Main Form, Schedule B and Schedule E must be filed with the Commission and are always required. Schedules A, F, G and H are only required in certain circumstances.
If a New Lease application/notification is filed, both the Licensee and Lessee must sign the form.
New Sublease (Must be filed Manually)
A Lessee under an existing Spectrum Manager Lease or Long-Term De Facto Transfer Lease may enter into a Sublease provided that the Licensee has consented to the Sublease and all other applicable requirements for entering into a Sublease, as set forth in the Commission’s Rules, are met.
If the underlying Lease is a Spectrum Manager Lease, the Lessee and Sublessee are permitted only to enter into a Spectrum
Manager Sublease.
If the underlying Lease is a Long-Term De Facto Transfer Lease, the Lessee and Sublessee may enter into either a Spectrum
Manager Sublease or De Facto Transfer Sublease.
Lessees under Short-Term De Facto Transfer Leases are not permitted to enter into Subleases.
If a New Sublease application/notification is filed, the Main Form, Schedule B and Schedule E must be filed with the
Commission and are always required. Schedule A must be filed, if applicable.
If a New Sublease application/notification is filed, both the Lessee and Sublessee must sign the form. Also, an exhibit must be attached to the filing that includes a certification statement by the Licensee indicating its consent to the sublease.
Applications/Notifications for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Modification of a Lease/Sublease
If a Modification of a Lease/Sublease is filed and that Lease/Sublease does not contain a geographically licensed area, only the Main Form is required to be filed with the Commission.
If the Lease/Sublease contains a geographically licensed area, in addition to the Main Form, it may be necessary to file Schedule C if adding, modifying or deleting technical location information for international coordination, an environmental assessment or for a Quiet Zone location.
For a Modification of a Lease, the Lessee must sign the form. [For a Modification of a Spectrum Manager Lease, in addition to the Lessee information, the Licensee FRN is also required.]
For a Modification of a Sublease, the Sublessee must sign the form. [For a Modification of a Spectrum Manager Lease, in addition to the Sublessee information, the Licensee FRN and the Lessee FRN are also required.]
Applications/Notifications for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Administrative Update of a Lease/Sublease
If an Administrative Update of a Lease/Sublease is filed, only the Main Form is required to be filed with the Commission.
For an Administrative Update of a Lease, the Lessee must sign the form. [For an Administrative Update of a Spectrum
Manager Lease, in addition to the Lessee information, the Licensee FRN is also required.]
For an Administrative Update of a Sublease, the Sublessee must sign the form. [For an Administrative Update of a Spectrum
Manager Lease, in addition to the Sublessee information, the Licensee FRN and the Lessee FRN are also required.]
Applications/Notifications for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Transfer of Control of the Lessee/Sublessee
A transfer of control of a Lessee/Sublessee under an existing Lease/Sublease is permitted pursuant to Commission Rules.
Such a transfer of control involves the transfer of de jure or de facto control of the Lessee/Sublessee, but does not change the identity of the Lessee/Sublessee. Refer to the applicable FCC rules for definitions of controlling interest and ownership.
Main Form and Schedule D [Schedule A, if applicable] must be completed for a transfer of control of a Lessee/Sublessee.
For a Transfer of Control of a Lessee, the Transferor and Transferee must sign the form. Note: The Lessee Information and the Lessee Contact Information are also required, but the Lessee does not need to sign the form. [For a Spectrum Manager Transfer of Control of a Lessee, in addition to the Transferor, Transferee and Lessee information, the Licensee FRN is also required.]
For a Transfer of Control of a Sublessee, the Transferor and Transferee must sign the form. Note: The Sublessee Information and the Sublessee Contact Information are also required, but the Sublessee does not need to sign the form. [For a Spectrum Manager a Transfer of Control of a Sublessee, in addition to the Transferor, Transferee and Sublessee information, the Licensee FRN and the Lessee FRN are also required.]
Applications/Notifications for Subleases must be filed manually sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations found on page 6 of the instructions.
Revision to Extend the Term of an Existing Lease/Sublease
The term of any existing Lease/Sublease may be revised to extend the term subsequent to entering into the Lease/Sublease, pursuant to the Commission’s Rules.
An application/notification to Extend the Term of an Existing Lease/Sublease must include the Main Form and Schedule E.
For a Revision to Extend the Term of an Existing Lease, the Licensee and the Lessee must sign the form. [In addition to the
Licensee Information and the Licensee Contact Information, only the FRN of the Lessee is required].
For a Revision to Extend the Term of an Existing Sublease, the Licensee, Lessee, and Sublessee must sign the form. [For a de facto lease that is being extended, in addition to the Lessee Information and the Lessee Contact Information, only the FRN of the Sublessee is required]. [For a Spectrum Manager lease that is being extended, in addition to the Lessee Information and the Lessee Contact Information, only the FRN of the Licensee and the FRN of the Sublessee is required].
Applications/Notifications for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Cancellation of an Existing Lease/Sublease
An existing Lease/Sublease may be cancelled earlier than the expiration date set forth in the original application/notification, pursuant to the Commission’s Rules. An application/notification involving a cancellation of a Lease/Sublease must be filed within ten days of the cancellation. The parties involved in a Lease/Sublease must notify the Commission if they did not commence operations under the Lease/Sublease, pursuant to the Commission’s Rules.
An application/notification to cancel an Existing Lease/Sublease must include the Main Form and Schedule E.
For a Revision to Cancel an Existing Lease, the Licensee must sign the form. [In addition to the Licensee Information and the
Licensee Contact Information, only the FRN of the Lessee is required].
For a Revision to Cancel an Existing Sublease, the Lessee must sign the form. [For a de facto lease that is being cancelled, in addition to the Lessee Information and the Lessee Contact Information, only the FRN of the Sublessee is required]. [For a Spectrum Manager lease that is being cancelled, in addition to the Lessee Information and the Lessee Contact Information, only the FRN of the Licensee and the FRN of the Sublessee is required].
Applications/Notifications for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Private Commons Arrangement
A “Private Commons” arrangement, an arrangement distinct from a spectrum leasing arrangement, is permitted in the same services for which spectrum leasing arrangements are allowed. Under a Private Commons arrangement, a Licensee, Lessee or Sublessee makes certain spectrum usage rights under the license authorization available to a class of third-party users that employ advanced communications technologies that do not involve use of the Licensee’s, Lessee’s or Sublessee’s end-to-end physical network infrastructure (e.g., base stations, mobile stations, or other related elements) and are not intended to be used in the provision of network-based services to end-users. Specifically, in a Private Commons arrangement the Licensee, Lessee or Sublessee authorizes users of certain communications devices employing particular technical parameters, as specified by the Licensee, Lessee or Sublessee, to operate under the license authorization. The Licensee, Lessee or Sublessee that acts as the manager of a Private Commons must retain de facto control of the use of the spectrum by such third-party users. This includes maintaining reasonable oversight over the user’s use of the spectrum to ensure that the use of the spectrum, and communications equipment employed, comply with the applicable technical and service rules; it also includes maintaining the ability to ensure such compliance. For additional information, see Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, WT Docket No. 00-230, FCC 04-167, at ¶¶ 91-99 (rel. Sep. 2, 2004) (“Secondary Markets Second Report and Order”); 47 C.F.R. § 1.9080.
A Licensee, Lessee or Sublessee acting as the manager of the Private Commons must notify the Commission of a Private Commons arrangement prior to permitting third-party users to commence operations. This Licensee, Lessee or Sublessee must complete the applicable questions, and submit the necessary exhibits, as set forth in the Main Form and Schedule I, and sign the Main Form. If a Private Commons Arrangement applies with regard to operations under a license authorization (as opposed to spectrum that has been leased under a spectrum leasing arrangement), the Licensee must sign the form.
If a Private Commons Arrangement applies with regard to spectrum leased under a De Facto Transfer Lease, the Lessee must sign the form.
If a Private Commons Arrangement applies with regard to spectrum leased under a De Facto Transfer Sublease, the
Sublessee must sign the form.
If a Private Commons Arrangement applies with regard to spectrum leased under a Spectrum Manager Lease, the Lessee must sign the form.
If a Private Commons Arrangement applies with regard to spectrum leased under a Spectrum Manager Sublease, the
Sublessee must sign the form.
Applications/Notifications for Private Commons Arrangements must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Lease Identifiers
The FCC will issue a unique identifier for each Lease/Sublease (“Lease Identifier/Sublease Identifier”). The FCC will use this information to process the application/notification. The FCC will also update ULS with the Lease Identifier.
Information Current and Complete
Information filed with the FCC must be kept current and complete. Parties to the application/notification must notify the FCC regarding any substantial and significant changes in the information furnished in the application/notification. (See Section 1.65 of the Commission’s Rules).
Applicable Rules and Regulations
The Applicant should obtain the relevant parts of the Commission’s Rules, which are located in Part 47 of the Code of Federal Regulations (CFR). Copies of Part 47 CFR may be purchased by contacting the Superintendent of Documents, Government Printing Office, Washington, DC 20402, by calling (202) 512-1800 or by accessing the Government Printing Office’s website at http://www.access.gpo.gov.
Application Fees and Filing Locations
An application/notification fee may be required with this form. To determine the required fee amount, refer to Subpart G of Part 1 of the Commission’s Rules or the current Fee Filing Guide. For assistance with fees applicable to the radio services governed by the Commission’s Rules, call (877) 480-3201 (TTY (717) 338-2824). The current Fee Filing Guide can be downloaded from the FCC's website at http://www.fcc.gov/fees, by calling the FCC's Forms Distribution Center at (800) 418- FORM (3676), or from the FCC’s Fax Information System by dialing (202) 418-0177.
Paper applications/notifications requiring a fee must be mailed to Federal Communications Commission, P. O. Box
979097, St. Louis, MO, 63197-9000 or hand delivered to the U.S. Bank, Attn: FCC Government Lockbox #979097, SL- MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
Non-feeable paper applications/notifications should be mailed to Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA 17325-7245. Hand-deliveries and messenger-deliveries should be delivered to Federal Communications Commission, 1280 Fairfield Road, Gettysburg, PA 17325.
Submission of Paper-Filed Forms
One original paper copy of this application/notification is required to be filed with the Commission. The Main Form and the applicable schedules should be submitted as one package, stapled in the upper left corner. The Main Form should be first, with the schedules attached in alphabetical order.
Exhibits
Each document required to be filed as an exhibit should be current as of the date of filing. Each page of every exhibit must be identified with the number or letter of the exhibit, the number of the page of the exhibit, and the total number of pages of the exhibit. If material is to be incorporated by reference, see the instruction on incorporation by reference.
Note: Some Commission Rules require the applicant to attach one or more exhibits to an application/notification in addition to the information requested in the application/notification form.
Incorporation by Reference
You may incorporate by reference documents, exhibits, or other lengthy showings already on file with the FCC only if the information previously filed is more than one 8 1/2” by 11” page in length, all information therein is current and accurate in all significant respects, and the reference states specifically where the previously filed information can be found (i.e., station call sign and application/notification file number, title of proceeding, docket number and legal citations), including exhibit and page references. Items that call for numbers or that can be answered ‘Y’ or ‘N’ or with other short answers must be answered directly without reference to a previous filing.
Assistance with Completing this Form
For assistance with this form, contact the Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA
17325-7245, or call (877) 480-3201 (TTY (717) 338-2824).
Technical Assistance for Electronic Filers
For technical assistance with filing electronically, contact the FCC at (877) 480-3201. Applications/Notifications for Subleases and Private Commons Arrangements must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
General Information
Instructions for FCC Form 608 Main Form
Application/Notification Purpose
Item 1a Indicate the purpose for which this application/notification of a spectrum leasing arrangement is being submitted by checking the appropriate block from the available selection of purposes (only one purpose may be selected).
Item 1b If the filing is an amendment (response to Item 1a is ‘AM’) or withdrawal (response to Item 1a is ‘WD’) of a previously filed application/notification, provide the File Number of the original application/notification. This information can be obtained by using the ULS Application Search or contacting the FCC at (877) 480-3201 (TTY 717-338-2824).
Classification of Filing
For Leases/Subleases Only
Item 2a Indicate the class of filing by checking the appropriate selection for this application/notification (select only one). Item 2b Indicate the type of filing by checking the appropriate block for the application/notification (select only one).
For Private Commons Arrangements Only
Item 2c Indicate by checking the appropriate block if the arrangement is for a License, a Lease or a Sublease (select only one).
Item 2d If Item 2c is checked Lease or Sublease, indicate by checking the appropriate block if the arrangement is a Spectrum
Manager or De Facto Transfer.
Note: Applications/Notifications for Subleases or Private Commons Arrangements must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Term of Lease/Sublease (Only for Transfer of Control of a Lessee or Sublessee, or a Revision to Extend the Term of a
Lease or Sublease)
Item 3 If the filing is for a Transfer of Control of a Lessee or Sublessee, or a Revision to Extend the Term of a Lease or
Sublease, indicate whether the existing Lease or Sublease is a Long-Term or Short-Term Lease.
Other Wireless Licenses
Item 4a Enter ‘Y’, if this application/notification is one in a series of related applications/notifications. Otherwise, enter ‘N’.
The purpose of this item is to indicate whether this application/notification is part of a proposed transaction involving the Lease/Sublease or transfer of other spectrum not listed in this application/notification that is held by the Licensee/Lessee/Sublessee, affiliates of the Licensee/Lessee/Sublessee, or third parties (e.g., spectrum swaps or multi-party transactions). Where a transaction involves the Lease/Sublease of spectrum under multiple licenses held by a common Licensee, a single form should be filed whenever possible. Where a transaction involves the Lease/Sublease of spectrum under licenses by affiliated Licensees or third-party licensees, a separate form must be filed for each affiliate or licensee. Enter ‘N’ if all licenses to be Leased/Subleased, as a result of the proposed transaction, are listed on this one Form. Parties who seek to Lease/Sublease licenses as part of a larger transaction or plan on filing multiple applications/notifications are strongly encouraged to contact the bureau in advance of filing this Form.
Item 4b If the response to 4a is ‘Y’ and this filing is the lead application/notification, enter ‘Y’. Otherwise, enter ‘N’.
Item 4c If the response to 4a is ‘Y’ and the response to 4b is ‘N’, provide the File Number of the lead application/notification of this transaction. Parties may wish to designate a lead application for transactions which involve a series of applications. This allows parties to submit all attachments that are common to all applications in a transaction once. The parties can then attach one exhibit to the other applications associated with the transaction in order to incorporate by reference the attachments in the lead application.
Attachments
Item 5 Enter ‘Y’ if attachments (other than associated schedules) are being filed with this application/notification. Otherwise, enter ‘N’.
Parties submitting applications/notifications may in some instances be required to provide by means of an attachment, additional information not specifically requested elsewhere on FCC Form 608 to establish the qualifications of the Lessee/Sublessee/Transferee or to otherwise demonstrate that the proposed transaction is in the public interest. The burden is on the parties to determine whether such additional information is necessary under Section 310(d) in light of the circumstances of the particular Lease/Sublease. Applicants seeking further guidance on this issue are encouraged to contact the bureau in advance of filing FCC Form 608.
Fees and Waivers
Exemption from Application Fees
Item 6 This item notifies the FCC that the Applicant is exempt from FCC application fees. If the response is ‘Y’, an exhibit demonstrating the Applicant’s eligibility for exemption from FCC application fees must be submitted with this filing. For additional information regarding an Applicant’s eligibility to be exempt from FCC application fees, see the current Fee Filing Guide or call (877) 480-3201 (TTY 717-338-2824).
Waiver/Deferral of Fees
Item 7 If a request for waiver/deferral of the FCC application fees has been filed with the FCC, enter ‘Y’ and attach the date- stamped copy of the request as an exhibit. Otherwise, enter ‘N’.
Waiver of Commission Rules
Item 8a If the filing includes a request for waiver of the Commission’s Rules (other than application fee waivers), enter ‘Y’ and attach an exhibit specifying the rule section(s) for which a waiver is being requested and including a justification for the requested waiver. Otherwise, enter ‘N’.
Item 8b If the response to 8a is ‘Y’, provide the number of rule sections involved (do not enter the actual rule section(s)).
Regulatory Status and Offerings (Only applicable on a Modification of a Lease or Modification of a Sublease)
Radio Service Offerings
Item 9 Indicate the type(s) of radio service offerings the Applicant plans to provide.
All entities that are planning to use the lease spectrum for telecommunications services should select common carrier in this item. The term ‘telecommunications service’ means the offering of telecommunications (i.e., the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received) for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Non-common carriers do not hold themselves out indiscriminately for hire as carriers of communications provided by the customer. A person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier. Thus, those entities meeting this definition would select non- common carrier for this item. Private internal users are those entities that utilize telecommunications services purely for internal business purposes or public safety communications and not on a for hire or for profit basis. Such entities should select ‘Private’ for this item. The term ‘Broadcast Services’ shall have the same meaning as that for “broadcasting” in § 3(6) of the Communications Act of 1934, i.e., the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.” 47 U.S.C. § 153(6).
Radio Service
Item 10 Select all types of radio services that the Applicant plans to provide, as applicable. Broadcast Auxiliary applicants should select Fixed or Mobile, not Broadcast Services.
Item 11 Indicate whether the Applicant plans to provide service interconnected to the public telephone network as defined in the FCC rules. Enter ‘Y’ if ‘Y’. Otherwise, enter ‘N’.
Designated Entity Information (If the answer to 12a, 12b or 12c is ‘Y’, Schedule A must be completed.)
Bidding Credits
Item 12a Enter ‘Y’ if the transaction involves spectrum under any licenses that were originally granted before April 25, 2006, and that were awarded with bidding credits within the last five years and/or any licenses that were originally granted after April
25, 2006, and that were awarded with bidding credits within the last ten years. Otherwise, enter ‘N’.
The initial grant date is the date that the license was originally granted by the Commission after an auction, even if the license was acquired in the secondary market. The initial grant date is not the date on which the Commission granted an assignment or transfer of control of the license.
If the response to this item is ‘Y’, the licenses may be subject to the FCC’s unjust enrichment rules. See Section 1.2111(d), (e)
of the Commission’s Rules. If the response to 12a is ‘Y’, Schedule A must be completed.
Installment Payment Plan
Item 12b Enter ‘Y’ if the transaction involves spectrum under licenses that were awarded subject to the FCC’s installment payment program. Otherwise, enter ‘N’.
If the response to this item is ‘Y’, the licenses may be subject to the FCC’s unjust enrichment rules. See Section 1.2111(c), (e)
of the Commission’s Rules. If the response to 12b is ‘Y’, Schedule A must be completed.
Closed Bidding
Item 12c Enter ‘Y’ if the transaction involves spectrum under licenses that were awarded pursuant to closed bidding within the last five years.
If the response to this item is ‘Y’, the licenses may be subject to limitations. See Sections 24.709 and 24.839 of the
Commission’s Rules. If the response to 12c is ‘Y’, Schedule A must be completed.
Competition-Related Information
Item 13 Enter ‘Y’ if this filing is for a Spectrum Leasing Arrangement that (1) involves a license authorization or Spectrum Lease/Sublease that may be used to provide interconnected mobile voice and/or data services , and (2) would create a geographic overlap with another license authorization(s) or Spectrum Leasing Arrangement(s) in which the Applicant already holds direct or indirect interests (of 10 percent or more), either as a licensee or spectrum lessee/sublessee, and that could also be used to provide interconnected mobile voice and/or data services. Otherwise, enter ‘N’.
Item 14a Enter ‘Y’ if the Applicant holds direct or indirect interests (of 10 percent or more) in any entity that already has access to 10 MHz or more of Cellular, Broadband PCS, or Specialized Mobile Radio (SMR) spectrum through license(s) or spectrum lease/subleases in the same geographic area. Otherwise, enter ‘N’.
Item 14b Enter ‘Y’ if this Spectrum Leasing Arrangement will reduce the number of entities providing service in the affected market(s). Otherwise, enter ‘N’.
Broadband Radio Service and Educational Broadband Service Information
Broadband Radio Service (BRS) and Educational Broadband Service (EBS) – Cable Cross-Ownership
Item 15a If the requested facilities will be used to provide multichannel video programming, enter ‘Y’. Otherwise, enter ‘N’.
Item 15b If response to 15a is ‘Y’, and the applicant will operate, control or have an attributable interest in a cable television system whose franchise area is located within the geographic service area of the proposed facilities, enter ‘Y’. Otherwise, enter ‘N’.
If ‘Y’, provide an exhibit explaining how the Applicant complies with Section 27.1202 of the Commission’s Rules or justifying a waiver of that rule. If a waiver of the Commission’s Rule(s) is being requested, 8a must be answered ‘Y’.
This item enables the FCC to determine whether the Applicant complies with Section 27.1202 of the Commission’s Rules.
Educational Broadband Service (EBS) Part 27 Programming Requirements
Item 16 Enter ‘Y’ if the applicant complies with the programming requirements contained in Section 27.1203 of the
Commission’s Rules. Otherwise, enter ‘N’.
If ‘N’, provide an exhibit explaining how the Applicant complies with Section 27.1203 of the Commission’s Rules or justifying a waiver of that rule. If a waiver of the Commission’s Rule(s) is being requested, 8a must be answered ‘Y’.
Part 90 Public Safety Services
Eligibility
Item 17 This question is applicable only to applications/notifications involving Long-Term De Facto Transfer Leases and Spectrum Manager Leases. Enter ‘Y’ if the Applicant is a public safety entity or otherwise an entity that will use the leased spectrum to provide communications in support of public safety operations pursuant to Section 90.523 of the Commission’s Rules. Otherwise, enter ‘N’.
Licensee Information
Items 18 through 30 identify the Licensee.
The Licensee information must be provided for Spectrum Manager Lease filings and for De Facto Transfer Lease filings for a New Lease, Extend the Term of Lease, or Cancel a Lease. The licensee information must be provided for Private Commons Arrangements of a License filings for a New, Modification, Extend the Term or Cancel.
Only the Licensee FRN (Item 18) is required for Spectrum Manager Lease filings for a New Sublease, Extend the Term of a Sublease, Cancel a Sublease, Transfer of Control of a Lessee/Sublessee, Administrative Update of a Lease/Sublease, or Modification of a Lease/Sublease. Only the Licensee FRN (Item 18) is required for Private Commons Arrangement of a Lease filings or for Private Commons Arrangement of a Sublease filings for a New, Modification, Extend the Term or Cancel.
FCC Registration Number (FRN)
Item 18 Enter your ten-digit FRN assigned by the Commission Registration System (CORES). The FRN is a unique identifier for everyone doing business with the Commission. The FRN can be obtained electronically through the FCC website at http://www.fcc.gov or by manually submitting FCC Form 160. FCC Form 160 is available for downloading from http://www.fcc.gov/formpage.html, by calling the FCC's Forms Distribution Center at (800) 418-3676, or the FCC’s Fax Information System by dialing (202) 418-0177. Failure to provide the FRN will prevent the Commission from processing the application/notification.
Entity
Item 19 This item indicates the legal entity type of the applicant. Select Individual, Unincorporated Association, Trust, Government Entity, Corporation, Limited Liability Company, General Partnership, Limited Partnership, Limited Liability Partnership, Consortium, or Other. When selecting ‘Other’, provide a description of the legal entity.
Licensee Name
Items 20 and 21 If Item 19 is an ‘Individual’, enter the individual name in Item 21. Otherwise, enter the name of the legal entity in Item 20. Note: The full legal name is required for these items.
Item 22 If completing Item 20 (entity name), you must provide the contact person for the Licensee.
Address
Items 23-30 complete this section as follows:
Either a PO Box or a Street Address is required. Both may be provided.
City, State and Zip Code are required.
Telephone Number is required (including area code).
FAX Number and E-Mail Address are optional.
Refer to Main Form Instructions, Appendix I, for a list of valid state, jurisdiction, and area abbreviations.
Failure to respond to FCC correspondence sent to the address of record may result in dismissal of an application/notification, liability for forfeiture, or revocation of an authorization. (See Section 1.934(c) of the Commission’s Rules).
Demographics (Optional)
Item 31 The information is optional and is requested for informational purposes only. Responses to this item will in no way affect processing of applications/notifications.
Licensee Contact Information
Contact Name & Address (If other than Licensee)
Items 32-42 These items identify the contact representative for the Licensee, if different from the Licensee. This is usually the headquarters office of a large company, the law firm or other representative of the Licensee, or the person or company that prepared or submitted the application/notification on behalf of the Licensee. If there is a question about the application/Nntification, an FCC representative may communicate with the Licensee’s contact representative.
If the above Licensee Information section is completed, this Licensee Contact Information section is required.
If the Licensee Contact Representative is the same as the Licensee, check the box and do not complete the remaining items in this section.
If the Licensee Contact Representative is not the same as the Licensee, then you must provide the information and complete
this section as follows:
Either the Individual Name or the Company Name is required.
If Individual Name is completed, then Company Name and Attention To are not required.
If Company Name is completed, then either an Individual Name or the Attention To is required.
Either a PO Box or a Street Address is required. Both may be provided.
City, State and Zip Code are required.
Telephone Number is required (including area code).
FAX Number and E-Mail Address are optional.
Lessee Information
Items 43 through 57 identify the Lessee.
The Lessee information must be provided for Spectrum Manager Lease filings and for De Facto Transfer Lease filings for a New Lease, New Sublease, Transfer of Control of a Lessee, Extend the Term of Sublease, Cancel a Sublease, Administrative Update of a Lease, or Modification of Lease. The Lessee information must be provided for Private Commons Arrangements of a Lease filings for a New, Modification, Extend the Term or Cancel.
Only the Lessee FRN (Item 43) is required for Spectrum Manager Lease filings for a Transfer of Control of a Sublessee, Extend the Term of a Lease, Cancel a Lease, Administrative Update of a Sublease, or Modification of a Sublease. Only the Lessee FRN (Item 43) is required for De Facto Transfer Lease filings for an Extend the Term of a Lease or Cancel a Lease. Only the Lessee FRN (Item 43) is required for Private Commons Arrangement of a Spectrum Manager Sublease filings for a New, Modification, Extend the Term or Cancel.
FCC Registration Number (FRN)
Item 43 Enter the Lessee’s ten-digit FRN assigned by the Commission Registration System (CORES). The FRN is a unique identifier for everyone doing business with the Commission. The FRN can be obtained electronically through the FCC website at http://www.fcc.gov or by manually submitting FCC Form 160. FCC Form 160 is available for downloading from http://www.fcc.gov/formpage.html, by calling (800) 418-FORM (3676), or from FCC’s Fax Information System by dialing (202)
418-0177. Failure to provide the FRN will prevent the Commission from processing the application/notification.
Entity
Item 44 This item indicates the legal entity type of the Lessee. Select Individual, Unincorporated Association, Trust, Government Entity, Corporation, Limited Liability Company, General Partnership, Limited Partnership, Limited Liability Partnership, Consortium, or Other. When selecting ‘Other’, provide a description of the legal entity.
Lessee Name
Item 45 Enter ‘Y’ if the new Lessee name change is due to a change in ownership, corporate structure or entity. If you answer Item 45 ‘Y’, you must file FCC Form 608 for a new lease. Otherwise, enter ‘N’ and continue. This item is completed only with the purposes of LM (Modification), LU (Administrative Update), LE (Extend the Term), LC (Cancel) or AM (Amendment of any of these purposes).
Items 46 and 47 If Item 44 is an ‘Individual’, enter the individual name in Item 47. Otherwise, enter the name of the legal entity in Item 46. Note: The full legal name is required for these items.
Item 48 If completing Item 46 (entity name), you must provide the contact person for the Lessee.
Name of Real Party in Interest
Item 49 The Lessee must identify the real party (parties) in interest. If the Lessee is also the real party in interest, enter the Lessee’s name in this item. If a party other than the Lessee is the real party in interest (e.g., a parent or other controlling entity), enter that party's name in this item. If there is more than one real party in interest, attach an exhibit detailing all parties in interest.
The real party in interest is defined as a person who “has an ownership interest, or will be in a position to actually or potentially control the operation of the station.” Astroline Communications Co. Ltd. v. FCC, 857 F.2d 1556, 1564 (D.C. Cir. 1988); see also Applications of Georgia Public Telecommunications Commission, et al., MM Docket No. 89-337, 7 FCC Rcd 7996 (1992); Applications of Madalina Broadcasting, et al., MM Docket No. 91-100, 8 FCC Rcd 6344 (1993).
Item 50 You must enter the real party in interest’s ten-digit FCC Registration Number (FRN) assigned by the Commission Registration System (CORES). The FRN is a unique entity identifier for everyone doing business with the Commission. The FRN can be obtained electronically through the FCC website at http://www.fcc.gov or by manually submitting FCC Form 160. FCC Form 160 is available for downloading from http://www.fcc.gov/formpage.html, by calling (800) 418-FORM (3676), or from FCC’s Fax Information System by dialing (202) 418-0177. If the Lessee is also the real party in interest, enter the Lessee’s FRN in this item. Failure to provide the FRN may prevent the Commission from processing the application/notification.
Address
Items 51-58 complete this section as follows:
Either a PO Box or a Street Address is required. Both may be provided.
City, State and Zip Code are required.
Telephone Number is required (including area code).
FAX Number and E-Mail Address are optional.
Refer to Main Form Instructions, Appendix I, for a list of valid state, jurisdiction, and area abbreviations.
Failure to respond to FCC correspondence sent to the address of record may result in dismissal of an application/notification, liability for forfeiture, or revocation of an authorization. (See Section 1.934(c) of the Commission’s Rules).
Demographics (Optional)
Item 59 The information is optional and is requested for informational purposes only. Responses to this item will in no way affect processing of applications/notifications.
Lessee Contact Information
Contact Name & Address (If other than Lessee)
Items 60-70 These items identify the contact representative for the Lessee, if different from the Lessee. This is usually the headquarters office of a large company, the law firm or other representative of the Lessee, or the person or company that prepared or submitted the application/notification on behalf of the Lessee. If there is a question about the application/notification, an FCC representative will communicate with the Lessee’s contact representative.
If the above Lessee Information section is completed, this Lessee Contact Information section is required.
If the Lessee Contact Representative is the same as the Lessee, check the box and do not complete the remaining items in this section.
If the Lessee Contact Representative is not the same as the Lessee, then you must provide the information and complete this
section as follows:
Either the Individual Name or the Company Name is required.
If Individual Name is completed, then Company Name and Attention To are not required.
If Company Name is completed, then either an Individual Name or the Attention To is required.
Either a PO Box or a Street Address is required. Both may be provided.
City, State and Zip Code are required.
Telephone Number is required (including area code).
FAX Number and E-Mail Address are optional.
Sublessee Information
Items 71 through 86 identify the Sublessee.
The Sublessee information must be provided for Spectrum Manager Lease filings and for De Facto Transfer Lease filings for a New Sublease, Transfer of Control of a Sublessee, Administrative Update of a Sublease, or Modification of Sublease. The Sublessee information must be provided for Private Commons Arrangements of a Sublease filings for a New, Modification, Extend the Term or Cancel.
Only the Sublessee FRN (Item 70) is required for Spectrum Manager Lease filings and for De Facto Transfer Lease filings for
Extend the Term of a Sublease or Cancel a Sublease.
FCC Registration Number (FRN)
Item 71 Enter the Sublessee’s ten-digit FRN assigned by the Commission Registration System (CORES). The FRN is a unique identifier for everyone doing business with the Commission. The FRN can be obtained electronically through the FCC website at http://www.fcc.gov or by manually submitting FCC Form 160. FCC Form 160 is available for downloading from http://www.fcc.gov/formpage.html, by calling (800) 418-FORM (3676), or from FCC’s Fax Information System by dialing (202)
418-0177. Failure to provide the FRN will prevent the Commission from processing the application/notification.
Entity
Item 72 This item indicates the legal entity type of the Sublessee. Select Individual, Unincorporated Association, Trust, Government Entity, Corporation, Limited Liability Company, General Partnership, Limited Partnership, Limited Liability Partnership, Consortium, or Other. When selecting ‘Other’, provide a description of the legal entity.
Sublessee Name
Item 73 Enter ‘Y’ if the new Sublessee name change is due to a change in ownership, corporate structure or entity. If you answer Item 73 ‘Y’, you must file FCC Form 608 for a new sublease. Otherwise, enter ‘N’ and continue. This item is completed only with the purposes of LM (Modification), LU (Administrative Update), LE (Extend the Term), LC (Cancel) or AM (Amendment of any of these purposes).
Items 74 and 75 If Item 72 is an ‘Individual’, enter the individual name in Item 75. Otherwise, enter the name of the legal entity in Item 74. Note: The full legal name is required for these items.
Item 76 If completing Item 74 (entity name), you must provide the contact person for the Sublessee.
Name of Real Party in Interest
Item 77 The Sublessee must identify the real party (parties) in interest. If the Sublessee is also the real party in interest, enter the Sublessee’s name in this item. If a party other than the Sublessee is the real party in interest (e.g., a parent or other controlling entity), enter that party's name in this item. If there is more than one real party in interest, attach an exhibit detailing all parties in interest.
The real party in interest is defined as a person who “has an ownership interest, or will be in a position to actually or potentially control the operation of the station.” Astroline Communications Co. Ltd. v. FCC, 857 F.2d 1556, 1564 (D.C. Cir. 1988); see
also Applications of Georgia Public Telecommunications Commission, et al., MM Docket No. 89-337, 7 FCC Rcd 7996 (1992); Applications of Madalina Broadcasting, et al., MM Docket No. 91-100, 8 FCC Rcd 6344 (1993).
Item 78 Enter the real party in interest’s ten-digit FRN assigned by the Commission Registration System (CORES). The FRN is a unique identifier for everyone doing business with the Commission. The FRN can be obtained electronically through the FCC website at http://www.fcc.gov or by manually submitting FCC Form 160. FCC Form 160 is available for downloading from http://www.fcc.gov/formpage.html, by calling (800) 418-FORM (3676), or from FCC’s Fax Information System by dialing (202) 418-0177. If the Sublessee is also the real party in interest, enter the Sublessee’s FRN in this item. Failure to provide the FRN may prevent the Commission from processing the application/notification.
Address
Items 79-86 complete this section as follows:
Either a PO Box or a Street Address is required. Both may be provided.
City, State and Zip Code are required.
Telephone Number is required (including area code).
FAX Number and E-Mail Address are optional.
Refer to Main Form Instructions, Appendix I, for a list of valid state, jurisdiction, and area abbreviations.
Failure to respond to FCC correspondence sent to the address of record may result in dismissal of an application/notification, liability for forfeiture, or revocation of an authorization. (See Section 1.934(c) of the Commission’s Rules).
Demographics (Optional)
Item 87 The information is optional and is requested for informational purposes only. Responses to this item will in no way affect processing of applications/notifications.
Sublessee Contact Information
Contact Name & Address (If other than Sublessee)
Items 88-98 These items identify the contact representative for the Sublessee, if different from the Sublessee. This is usually the headquarters office of a large company, the law firm or other representative of the Sublessee, or the person or company that prepared or submitted the application/notification on behalf of the Sublessee. If there is a question about the application/notification, an FCC representative may communicate with the Sublessee’s contact representative.
If the above Sublessee Information section is completed, this Sublessee Contact Information section is required.
If the Sublessee Contact Representative is the same as the Sublessee, check the box and do not complete the remaining items in this section.
If the Sublessee Contact Representative is not the same as the Sublessee, then you must provide the information and
complete this section as follows:
Either the Individual Name or the Company Name is required.
If Individual Name is completed, then Company Name and Attention To are not required.
If Company Name is completed, then either an Individual Name or the Attention To is required.
Either a PO Box or a Street Address is required. Both may be provided.
City, State and Zip Code are required.
Telephone Number is required (including area code).
FAX Number and E-Mail Address are optional.
Transferee Information
Items 99 through 114 identify the Transferee.
This information must be provided for all applications/notifications for a Transfer of Control of a Lessee or Transfer of Control of a Sublessee.
FCC Registration Number (FRN)
Item 99 Enter the Transferee’s ten-digit FRN assigned by the Commission Registration System (CORES). The FRN is a unique identifier for everyone doing business with the Commission. The FRN can be obtained electronically through the FCC website at http://www.fcc.gov or by manually submitting FCC Form 160. FCC Form 160 is available for downloading from http://www.fcc.gov/formpage.html, by calling (800) 418-FORM (3676), or from FCC’s Fax Information System by dialing (202)
418-0177. Failure to provide the FRN will prevent the Commission from processing the application/notification.
Entity
Item 100 This item indicates the legal entity type of the Transferee. Select Individual, Unincorporated Association, Trust, Government Entity, Corporation, Limited Liability Company, General Partnership, Limited Partnership, Limited Liability Partnership, Consortium, or Other. When selecting ‘Other’, provide a description of the legal entity.
Transferee Name
Items 101 and 102 If Item 100 is an ‘Individual’, enter the individual name in Item 102. Otherwise, enter the name of the legal entity in Item 101. Note: The full legal name is required for these items.
Item 103 If completing Item 101 (entity name), you must provide the contact person for the Transferee.
Name of Real Party in Interest
Item 104 The Transferee must identify the real party (parties) in interest. If the Transferee is also the real party in interest, enter the Transferee’s name in this item. If a party other than the Transferee is the real party in interest (e.g., a parent or other controlling entity), enter that party's name in this item. If there is more than one real party in interest, attach an exhibit detailing all parties in interest.
The real party in interest is defined as a person who “has an ownership interest, or will be in a position to actually or potentially control the operation of the station.” Astroline Communications Co. Ltd. v. FCC, 857 F.2d 1556, 1564 (D.C. Cir. 1988); see also Applications of Georgia Public Telecommunications Commission, et al., MM Docket No. 89-337, 7 FCC Rcd 7996 (1992); Applications of Madalina Broadcasting, et al., MM Docket No. 91-100, 8 FCC Rcd 6344 (1993).
Item 105 Enter the real party in interest’s ten-digit FRN assigned by the Commission Registration System (CORES). The FRN is a unique identifier for everyone doing business with the Commission. The FRN can be obtained electronically through the FCC website at http://www.fcc.gov or by manually submitting FCC Form 160. FCC Form 160 is available for downloading from http://www.fcc.gov/formpage.html, by calling (800) 418-FORM (3676), or from FCC’s Fax Information System by dialing (202) 418-0177. If the Transferee is also the real party in interest, enter the Transferee’s FRN in this item. Failure to provide the FRN may prevent the Commission from processing the application/notification.
Address
Items 106-113 complete this section as follows:
Either a PO Box or a Street Address is required. Both may be provided.
City, State and Zip Code are required.
Telephone Number is required (including area code).
FAX Number and E-Mail Address are optional.
Refer to Main Form Instructions, Appendix I, for a list of valid state, jurisdiction, and area abbreviations.
Failure to respond to FCC correspondence sent to the address of record may result in dismissal of an application/notification, liability for forfeiture, or revocation of an authorization. (See Section 1.934(c) of the Commission’s Rules).
Demographics (Optional)
Item 114 The information is optional and is requested for informational purposes only. Responses to this item will in no way affect processing of applications/notifications.
Transferee Contact Information
Contact Name & Address (If other than Transferee)
Items 115-125 These items identify the contact representative for the Transferee, if different from the Transferee. This is usually the headquarters office of a large company, the law firm or other representative of the Transferee, or the person or company that prepared or submitted the application/notification on behalf of the Transferee. If there is a question about the application/notification, an FCC representative may communicate with the Transferee’s contact representative.
If the above Transferee Information section is completed, this Transferee Contact Information section is required.
If the Transferee Contact Representative is the same as the Transferee, check the box and do not complete the remaining items in this section.
If the Transferee Contact Representative is not the same as the Transferee, then you must provide the information and
complete this section as follows:
Either the Individual Name or the Company Name is required.
If Individual Name is completed, then Company Name and Attention To are not required.
If Company Name is completed, then either an Individual Name or the Attention To is required.
Either a PO Box or a Street Address is required. Both may be provided.
City, State and Zip Code are required.
Telephone Number is required (including area code).
FAX Number and E-Mail Address are optional.
Transferor Information
Items 126 through 139 identify the Transferor.
This information must be provided for all applications/notifications for a Transfer of Control of a Lessee or Transfer of Control of a Sublessee.
FCC Registration Number (FRN)
Item 126 Enter the Transferor’s ten-digit FRN assigned by the Commission Registration System (CORES). The FRN is a unique identifier for everyone doing business with the Commission. The FRN can be obtained electronically through the FCC website at http://www.fcc.gov or by manually submitting FCC Form 160. FCC Form 160 is available for downloading from http://www.fcc.gov/formpage.html, by calling (800) 418-FORM (3676), or from FCC’s Fax Information System by dialing (202)
418-0177. Failure to provide the FRN will prevent the Commission from processing the application/notification.
Entity
Item 127 This item indicates the legal entity type of the Transferor. Select Individual, Unincorporated Association, Trust, Government Entity, Corporation, Limited Liability Company, General Partnership, Limited Partnership, Limited Liability Partnership, Consortium, or Other. When selecting ‘Other’, provide a description of the legal entity.
Transferor Name
Items 128 and 129 If Item 127 is an ‘Individual’, enter the individual name in Item 129. Otherwise, enter the name of the legal entity in Item 128. Note: The full legal name is required for these items.
Item 130 If completing Item 128 (entity name), you must provide the contact person for the Transferor.
Address
Items 131-138 complete this section as follows:
Either a PO Box or a Street Address is required. Both may be provided.
City, State and Zip Code are required.
Telephone Number is required (including area code).
FAX Number and E-Mail Address are optional.
Refer to Main Form Instructions, Appendix I, for a list of valid state, jurisdiction, and area abbreviations.
Failure to respond to FCC correspondence sent to the address of record may result in dismissal of an application/notification, liability for forfeiture, or revocation of an authorization. (See Section 1.934(c) of the Commission’s Rules).
Demographics (Optional)
Item 139 The information is optional and is requested for informational purposes only. Responses to this item will in no way affect processing of applications/notifications.
Transferor Contact Information
Contact Name & Address (If other than Transferor)
Items 140-150 These items identify the contact representative for the Transferor, if different from the Transferor. This is usually the headquarters office of a large company, the law firm or other representative of the Transferor, or the person or company that prepared or submitted the application/notification on behalf of the Transferor. If there is a question about the application/notification, an FCC representative may communicate with the Transferor’s contact representative.
If the above Transferor Information section is completed, this Transferor Contact Information section is required.
If the Transferor Contact Representative is the same as the Transferor, check the box and do not complete the remaining items in this section.
If the Transferor Contact Representative is not the same as the Transferor, then you must provide the information and complete this section as follows:
Either the Individual Name or the Company Name is required.
If Individual Name is completed, then Company Name and Attention To are not required.
If Company Name is completed, then either an Individual Name or the Attention To is required.
Either a PO Box or a Street Address is required. Both may be provided.
City, State and Zip Code are required.
Telephone Number is required (including area code).
FAX Number and E-Mail Address are optional.
Ownership Disclosure Information
FCC Form 602
If the application/notification includes Licenses in the Wireless Radio Services that are subject to the ownership reporting requirements of Section 1.2112(a), or in the Mobile Satellite Services that are subject to the ownership reporting requirements of Section 25.149(g), the Applicant must file a FCC Form 602, Ownership Disclosure Form. For purposes of this question, Applicant is the Lessee, Sublessee or Transferee.
Item 151a Enter ‘Y’ if the Applicant is required to file FCC Form 602, Ownership Disclosure Information for the Wireless
Telecommunications Services. Otherwise, enter ‘N’.
Item 151b If the response to Item 151a is ‘Y’, enter the File Number of the FCC Form 602 that was filed in conjunction with this filing or already on file with the FCC.
Alien Ownership Questions
Alien Ownership
Pursuant to the Secondary Markets First Report and Order, the Commission requires that a Lessee/Sublessee, including a Lessee or Sublessee subsequent to a proposed transfer of control, meet the eligibility requirements that pertain to foreign ownership, as set forth in Section 310 of the Communications Act of 1934, as amended. See Secondary Markets First Report and Order, WT Docket No. 00-230, FCC 03-113, at ¶¶ 110,143. The following items enable the FCC to determine whether a Lessee/Sublessee, including a Lessee or Sublessee subsequent to a proposed transfer of control, is eligible under Section 310(a) and (b) of the Communications Act to Lease/Sublease. If the application/notification is for the transfer of control of a lease or sublease, the foreign ownership of the post-transaction Lessee or Sublessee is evaluated. All Lessees/Sublessees and Post-Transfer Lessees/Sublessees filing an application/notification must answer Items 152-156. Any applicant that answers ‘Y’ to Items 153-156a must provide an attachment explaining the circumstances. The FCC will otherwise dismiss the application/notification without further consideration.
The Commission’s foreign ownership rules for common carrier, aeronautical en route and aeronautical fixed radio station licensees are codified in Sections 1.990 through 1.994 of the Commission’s Rules, 47 C.F.R. §§ 1.990-1.994. See also Review of Foreign Ownership Policies for Common Carrier and Aeronautical Radio Licensees under Section 310(b)(4) of the Communications Act of 1934, as amended, IB Docket No. 11-133, Second Report and Order, FCC 13-50, 28 FCC Rcd 5741 (2013) (“Foreign Ownership Second Report and Order”).
Item 152 All Transferees/Lessees/Sublessees filing an application/notification must answer Item 152. The FCC cannot grant an application/notification if the Lessee/Sublessee or Post-transfer Lessee/Sublessee is a foreign government or the representative of a foreign government. Therefore, if the true and correct answer to Item 152 is ‘Y’, the Lessee/Sublessee or Post-transfer Lessee/Sublessee is not eligible to enter into a Lease and the FCC will dismiss the application/notification, if filed, without further consideration.
Items 153-154 The FCC cannot grant an authorization to provide common carrier service to any Lessee/Sublessee or Post-Transfer Lessee/Sublessee for which the true and correct answer to either of Items 153 or 154 is ‘Y’. Any Applicant that answers ‘Y’ to either of Items 153 or 154 must provide an attachment explaining why the Lease(s) that is the subject of the application/notification is exempt from the prohibitions contained in § 310(b)(1)-(2) of the Communications Act, 47 U.S.C. § 310(b)(1)-(2). The FCC will otherwise dismiss the application/notification without further consideration.
Item 155 Enter ‘Y’ if the Lessee/Sublessee or Post-transfer Lessee/Sublessee is a corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country. Otherwise, enter ‘N’. If the answer is ‘Y’, and if the Lease(s) that is the subject of the application/notification allows for the provision of a common carrier service, it is necessary for the Lessee/Sublessee or Post-transfer Lessee/Sublessee to have or obtain Commission approval. See 47 C.F.R. § 1.990(a)(2). See also Secondary Markets First Report and Order, WT Docket No. 00-230, FCC 03-113, at ¶¶ 110, 143.
While Section 310(b)(3) of the Communications Act prohibits foreign individuals, governments, and corporations from owning more than 20 percent of the capital stock of a broadcast, common carrier, aeronautical en route, and aeronautical fixed radio station licensee, the Commission has determined that it will not apply the 20 percent limit to common carrier licensees in which the foreign investment is held in the licensee through U.S.-organized entities that do not control the licensee, to the extent the Commission determines such foreign ownership is consistent with the public interest. In making a public interest determination, the Commission applies the same policies and procedures that it applies in reviewing foreign ownership that is subject to Section 310(b)(4) of the Communications Act. The Commission adopted this Section 310(b)(3) “forbearance” approach in the Foreign Ownership First Report and Order, IB Docket No. 11-133, FCC 12-93, 27 FCC Rcd 9832 (2012). The Commission codified the forbearance approach in the Foreign Ownership Second Report and Order, IB Docket No. 11-133, FCC 13-50, at ¶¶ 30-37.
The Commission’s Section 310(b)(3) forbearance approach applies only to foreign equity and voting interests that are held, or would be held, in the common carrier Lessee/Sublessee or Post-transfer Lessee/Sublessee through one or more intervening U.S.-organized entities that do not control the Lessee/Sublessee or Post-transfer Lessee/Sublessee. Foreign equity and/or voting interests that are held, or would be held, directly in the Lessee/Sublessee or Post-transfer Lessee/Sublessee, or indirectly other than through an intervening U.S.-organized entity, are not subject to the Commission’s Section 310(b)(3) forbearance approach and shall not be permitted to exceed 20 percent equity or voting interests.
Accordingly, any Lessee/Sublessee or Post-transfer Lessee/Sublessee that answers ‘Y’ to Item 155 must provide an attachment consisting of one of the showings specified in (i), (ii), or (iii) below. The FCC will otherwise dismiss the application/notification without further consideration.
(i) A demonstration that the subject Lease(s) is exempt from the provisions of Section 310(b)(3);
(ii) A statement that the Lessee/Sublessee or Post-transfer Lessee/Sublessee has received prior Commission approval of its foreign ownership pursuant to the Commission’s Section 310(b)(3) forbearance approach, citation(s) to the relevant declaratory ruling(s) received by the Lessee/Sublessee or Post-transfer Lessee/Sublessee (i.e., DA or FCC Number, FCC Record citation if available, and release date), and a statement specifying that the Lessee/Sublessee or Post-transfer Lessee/Sublessee is in compliance with the terms and conditions of its ruling and with the Commission’s Rules; or
(iii) A copy of a petition for declaratory ruling filed pursuant to Section 1.990(a)(2) of the Commission’s Rules, 47 C.F.R. § 1.990(a)(2), requesting Commission approval of the Lessee/Sublessee or Post-transfer Lessee/Sublessee’s foreign ownership, held through one or more intervening U.S.-organized entities that hold non-controlling equity and/or voting interests in the Lessee/Sublessee or Post-transfer Lessee/Sublessee, along with any foreign interests held in the Lessee/Sublessee or Post-transfer Lessee/Sublessee directly (which shall not exceed 20 percent of its equity interests and/or 20 percent of its voting interests). The petition may be filed electronically on the Internet through the International Bureau Filing System (IBFS) and shall otherwise comport with the requirements of Sections 1.990 through 1.994 of the Commission’s Rules, 47 C.F.R. §§ 1.990-1.994.
With respect to the showing specified in (ii) above, a Lessee/Sublessee or Post-transfer Lessee/Sublessee that is relying on a foreign ownership ruling(s) issued to an “affiliate” pursuant to the Commission’s Section 310(b)(3) forbearance approach and Section 1.990(a)(2) of the Rules shall include in its showing a certification signed by the affiliate, a U.S.-organized successor-in-interest formed as part of a pro forma reorganization, or a controlling parent company, stating that the affiliate or successor-in-interest is in compliance with the terms and conditions of the foreign ownership ruling(s) and the Commission’s Rules. See Section 1.994(b) of the Rules, 47 C.F.R. § 1.994(b). See also Section 1.990(d)(2) (defining the term “affiliate” for purposes of Sections 1.990-1.994 of the Rules).
Item 156a Enter ‘Y’ if the Lessee/Sublessee or Post-transfer Lessee/Sublessee is directly or indirectly controlled by any other U.S.-organized entity of which more than one-fourth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country. Otherwise, enter ‘N’. If the answer is ‘Y’, and if the Lease(s) that is the subject of the application/notification allows for the provision of a common carrier service, it is necessary for the Lessee/Sublessee or Post-transfer Lessee/Sublessee to have or obtain Commission approval of the foreign ownership of its direct and/or indirect controlling U.S.-organized parent company(ies) pursuant to Section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4). See 47 C.F.R. § 1.990(a)(1); Foreign Ownership Second Report and Order, IB Docket No. 11-133, FCC 13-50, ¶¶ 30-37. See also Secondary Markets First Report and Order, WT Docket No. 00-230, FCC 03-113, at ¶¶ 110, 143.
Accordingly, any Lessee/Sublessee or Post-transfer Lessee/Sublessee that answers ‘Y’ to Item 156a must provide an attachment consisting of one of the showings specified in (i), (ii), or (iii) below. The FCC will otherwise dismiss the application/notification without further consideration.
(i) A demonstration that the subject Lease(s) is exempt from the provisions of Section 310(b)(4);
(ii) A statement that the Lessee/Sublessee or Post-transfer Lessee/Sublessee has received prior Commission approval of the foreign ownership of its direct and/or indirect controlling U.S. parent company(ies) pursuant to Section 310(b)(4), citation(s) to the relevant declaratory ruling(s) received by the Lessee/Sublessee or Post-transfer Lessee/Sublessee (i.e., DA or FCC Number, FCC Record citation if available, and release date), and a statement specifying that the Lessee/Sublessee or Post-transfer Lessee/Sublessee is in compliance with the terms and conditions of its ruling and with the Commission’s Rules; or
(iii) A copy of a petition for declaratory ruling filed pursuant to Section 1.990(a)(1) of the Commission’s Rules, 47 C.F.R. § 1.990(a)(1), requesting Commission approval of the foreign ownership of its direct and/or indirect controlling U.S.-organized parent company(ies). The petition may be filed electronically on the Internet through the International Bureau Filing System (IBFS) and shall otherwise comport with the requirements of Sections 1.990 through 1.994 of the Commission’s Rules, 47 C.F.R. §§ 1.990-1.994.
With respect to the showing specified in (ii) above, a Lessee/Sublessee or Post-transfer Lessee/Sublessee that is relying on a foreign ownership ruling(s) issued to an “affiliate” pursuant to Section 310(b)(4) of the Act and Section 1.990(a)(1) of the Rules shall include in its showing a certification signed by the affiliate, a U.S.-organized successor-in-interest formed as part of a pro forma reorganization, or a controlling parent company, stating that the affiliate or successor-in-interest is in compliance with the terms and conditions of the foreign ownership ruling(s) and the Commission’s Rules. See Section 1.994(b) of the Rules, 47 C.F.R. § 1.994(b). See also Section 1.990(d)(2) (defining the term “affiliate” for purposes of Sections 1.990-1.994 of the Rules).
Item 156b A Lessee/Sublessee or Post-transfer Lessee/Sublessee that has answered ‘Y’ to Item 155 and/or Item 156a is required to respond to Item 156b. Item 156b has two purposes. First, Item 156b enables the FCC to determine whether the Lessee/Sublessee or Post-transfer Lessee/Sublessee has attached to its application/notification the appropriate foreign ownership showing required by the Commission’s Foreign Ownership Second Report and Order, IB Docket No. 11-133, FCC 13-50, and the foreign ownership rules adopted in that Order, 47 C.F.R. §§ 1.990-1.994. See Main Form Instructions for Item 155 and Item 156a.
Second, Item 156b enables the FCC to determine whether the application/notification may be eligible for the “immediate approval” procedures in Sections 1.9030(e) or 1.9035(e) of the Rules, 47 C.F.R. §§ 1.9030(e) and 1.9035(e), or for the “immediate processing” procedures in Section 1.9020(e) of the Rules, 47 C.F.R. § 1.9020(e).
The application/notification may be eligible for the Commission’s immediate approval/immediate processing procedures if the Lessee/Sublessee or Post-transfer Lessee/Sublessee is able to select the first or second option in Item 156b. Specifically, the application/notification may be eligible for the Commission’s immediate approval/immediate processing procedures where the Lessee/Sublessee or Post-transfer Lessee/Sublessee is able to certify that: (1) it is exempt from the provisions of Section 310(b); or (2) it has received a declaratory ruling(s) approving its foreign ownership, and the application/notification involves only the acquisition/use of additional spectrum for the provision of a wireless service in a geographic coverage area for which the Lessee/Sublessee or Post-Transfer Lessee/Sublessee has been previously authorized. See Foreign Ownership Second Report and Order, IB Docket No. 11-133, FCC 13-50, ¶¶ 96, 110.
Basic Qualification Information
Basic Qualification Questions
Items 157-159 These items enable the FCC to determine whether a Transferee/Lessee/Sublessee is eligible to Lease/Sublease spectrum or control a Lessee/Sublessee. Transferees/Lessees/Sublessees do not have to answer these questions if they are filing FCC Form 608 for a revision of the terms of an existing Lease/Sublease. If the answer to any one or more of Items 157-159 is ‘Y’, attach as an exhibit a statement explaining the circumstances and a statement giving the reasons why the Transferee/Lessee/Sublessee believes that grant of the application/notification would be in the public interest notwithstanding the actual or alleged misconduct. If the Transferee/Lessee/Sublessee responds ‘Y’ to any question and has previously provided a statement and explanation regarding the circumstances as an attachment to a prior application/notification filed in ULS, and the facts and circumstances are unchanged, the Transferee/Lessee/Sublessee may refer to the previous application/notification by identifying the application/notification file number and indicating the disposition of the prior application/notification.
Licensee Certification Statements
By signing this form, the Licensee certifies that the statements listed in this section are true, complete, correct, and made in good faith.
The Licensee Certification is required for Spectrum Manager Lease filings and for De Facto Transfer Lease filings for a New Lease, Extend the Term of Lease, Extend the Term of a Sublease, or Cancel a Lease. The Licensee Certification must be provided for Private Commons Arrangements of a License filings for a New, Modification, Extend the Term or Cancel.
Items 160-163 These items must be completed. To be acceptable for filing, the application/notification (or Amendment or Withdrawal of a pending application/notification) must be signed in accordance with Part 1 of the FCC rules. The party signing must be a person authorized to sign the application/notification. A paper original of the application/notification must bear an original signature; neither a rubber-stamped nor photocopied signature is acceptable. For a Licensee filing electronically via ULS, the electronic signature shall consist of the name of the person authorized to sign typed on the application/notification as a signature. Applications for Subleases or Private Common Arrangements must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions..
Lessee Certification Statements
By signing this form, the Lessee certifies that the statements listed in this section are true, complete, correct, and made in good faith. General Certification (9) is required for applications for licenses for spectrum that is required by Sections 6103, 6401-6403 of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. §§ 309, 1413, 1451-1452, to be assigned by a system of competitive bidding under 47 U.S.C. § 309(j). Currently, this certification applies to applications for licenses in radio service AH (AWS, 1915-1920 MHz and 1995-2000 MHz). For purposes of this certification, the term “reasons of national security” means matters relating to the national defense and foreign relations of the United States.
The Lessee Certification is required for Spectrum Manager Lease filings and for De Facto Transfer Lease filings for a New Lease, New Sublease, Extend the Term of a Lease, Extend the Term of Sublease, Cancel a Sublease, Administrative Update of a Lease, or a Modification of a Lease. The Lessee Certification must be provided for Private Commons Arrangements of a Lease filings for a New, Modification, Extend the Term or Cancel.
Items 164-167 These items must be completed. To be acceptable for filing, the Application/Notification (or Amendment or Withdrawal of a pending application/notification) must be signed in accordance with Part 1 of the FCC rules. The party signing must be a person authorized to sign the application/notification. A paper original of any application/notification must bear an original signature; neither a rubber-stamped nor photocopied signature is acceptable. For a Lessee filing electronically via ULS, the electronic signature shall consist of the name of the person authorized to sign typed on the application/notification as a signature. Applications/Notifications for Subleases or Private Common Arrangements must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Sublessee Certification Statements
By signing this form, the Sublessee certifies that the statements listed in this section are true, complete, correct, and made in good faith. General Certification (9) is required for applications for licenses for spectrum that is required by Sections 6103, 6401-6403 of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. §§ 309, 1413, 1451-1452, to be assigned by a system of competitive bidding under 47 U.S.C. § 309(j). Currently, this certification applies to applications for licenses in radio service AH (AWS, 1915-1920 MHz and 1995-2000 MHz). For purposes of this certification, the term “reasons of national security” means matters relating to the national defense and foreign relations of the United States.
The Sublessee Certification is required for Spectrum Manager Lease filings and for De Facto Transfer Lease filings for a New
Sublease, Extend the Term of a Sublease, Administrative Update of a Sublease, or a Modification of a Sublease. The
Sublessee Certification must be provided for Private Commons Arrangements of a Sublease filings for a New, Modification, Extend the Term or Cancel.
Items 168-171 These items must be completed. To be acceptable for filing, the application/notification (or Amendment or Withdrawal of a pending application/notification) must be signed in accordance with Part 1 of the FCC rules. The party signing must be a person authorized to sign the application/notification. A paper original of any application/notification must bear an original signature; neither a rubber-stamped nor photocopied signature is acceptable. Applications/Notifications for Subleases or Private Common Arrangements must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Transferee Certification Statements
By signing this form, the Transferee certifies that the statements listed in this section are true, complete, correct, and made in good faith. General Certification (9) is required for applications for licenses for spectrum that is required by Sections 6103, 6401-6403 of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. §§ 309, 1413, 1451-1452, to be assigned by a system of competitive bidding under 47 U.S.C. § 309(j). Currently, this certification applies to applications for licenses in radio service AH (AWS, 1915-1920 MHz and 1995-2000 MHz). For purposes of this certification, the term “reasons of national security” means matters relating to the national defense and foreign relations of the United States.
The Transferee Certification is required for all applications/notifications for a Transfer of Control of a Lessee or Transfer of
Control of a Sublessee.
Items 172-175 These items must be completed. To be acceptable for filing, the application/notification (or Amendment or Withdrawal of a pending application/notification) must be signed in accordance with Part 1 of the FCC rules. The party signing must be a person authorized to sign the application/notification. A paper original of any application/notification must bear an original signature; neither a rubber-stamped nor photocopied signature is acceptable. For a Transferee filing electronically via ULS, the electronic signature shall consist of the name of the person authorized to sign typed on the application/notification as a signature. Applications/Notifications for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Transferor Certification Statements
By signing this form, the Transferor certifies that the statements listed in this section are true, complete, correct, and made in good faith.
The Transferor Certification is required for all applications/notifications for a Transfer of Control of a Lessee or Transfer of
Control of a Sublessee.
Items 176-179 These items must be completed. To be acceptable for filing, the application/notification (or Amendment or Withdrawal of a pending application/notification) must be signed in accordance with Part 1 of the FCC rules. The part signing must be a person authorized to sign the application/notification. A paper original of any application/notification must bear an original signature; neither a rubber-stamped nor photocopied signature is acceptable. For a Transferor filing electronically via ULS, the electronic signature shall consist of the name of the person authorized to sign typed on the application/notification as a signature. Applications/Notifications for Subleases must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
Private Commons Manager Certification Statements
By signing this form, the Private Commons Manager certifies that the statements listed in this section are true, complete, correct, and made in good faith. General Certification (9) is required for applications for licenses for spectrum that is required by Sections 6103, 6401-6403 of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. §§ 309, 1413, 1451-1452, to be assigned by a system of competitive bidding under 47 U.S.C. § 309(j). Currently, this certification applies to applications for licenses in radio service AH (AWS, 1915-1920 MHz and 1995-2000 MHz). For purposes of this certification, the term “reasons of national security” means matters relating to the national defense and foreign relations of the United States.
The Private Commons Manager Certification is required for all Notifications for a Private Commons Arrangement.
Items 180-183 These items must be completed. To be acceptable for filing, the application/notification (or Amendment or Withdrawal of a pending application/notification) must be signed in accordance with Part 1 of the FCC rules. The party signing must be a person authorized to sign the application/notification. A paper original of any Notification must bear an original signature; neither a rubber-stamped nor photocopied signature is acceptable. Applications/Notifications for Private Common Arrangements must be filed manually and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations section found on page 8 of the instructions.
License Authorization(s) or identifiers (pertaining to Lease(s)/Sublease(s)/Private
Commons) Associated with the Spectrum To Be Included in the Filing
Items 184-190 In every application/notification, list the Call Sign(s) or Lease Identifier(s) of the License(s), Lease, or Sublease that are associated with the spectrum included in the proposed application/notification. There must be at least one Call Sign, Lease Identifier or Sublease Identifier entered in the column designated as Item 184. For example, if the filing is for a new Lease and the spectrum involved in the Lease is associated with three different Call Signs, all three call signs must be provided. Likewise, if the filing is for a new Sublease, each Lease Identifier must be provided. Additionally, if the application/notification is to revise existing Lease/Sublease terms, each Lease/Sublease Identifier must be provided.
In addition, if this is an application/notification for New Lease for a site-based License and the Lease does not encompass the entire License, use this section to identify the specific locations/paths to be leased (complete Items 186-190, as appropriate).
Item 184 In this item, list the Call Sign(s) or Lease Identifier(s) of the licenses that are associated with the Lease/Sublease. Call signs are located on FCC Authorizations. Lease/Sublease Identifiers are located on Lease Arrangement Letters.
Item 185 In this column, list the Radio Service Code of the Call Sign or Lease/Sublease Identifier. The Radio Service Code is a 2-letter code and is located on FCC authorizations and Lease Arrangement Letters.
Site-based authorizations only (To be completed only when the type of filing in Item 2a is a “New Lease.”)
Item 186 If the Lease does not encompass the entire License, in this item, list the location numbers associated with the spectrum to be leased (non-Microwave Site-based Services only). Location numbers are located on FCC authorizations.
Note: Providing locations without specifying which specific frequencies are to be leased for that location will result in all frequencies at that location being associated with the spectrum to be leased. Use Items 189 and 190 to specify which (if any) specific frequencies are to be included in the Lease.
Item 187 If the Lease does not encompass the entire License, in this item, list the path numbers to be included in the Lease
(Microwave Site-based Services only). Path numbers are located on FCC authorizations.
Note: Providing paths without specifying which specific frequencies are to be leased for that path will result in all frequencies on that path being associated with the spectrum to be leased. Use Items 189 and 190 to specify which (if any) specific frequencies are to be included in the Lease.
Item 188 If the Lease does not encompass the entire License or all frequencies at a particular location or path, in this item list the frequency number to be included in the Lease. Frequency numbers are located on FCC authorizations.
Item 189 and 190 If the Lease does not encompass the entire License or all frequencies at a particular location or path, in these items, list the frequencies, in Megahertz (MHz), to be included in the Lease. Enter the lower frequency of a frequency band in Item 189. If applicable, enter the upper frequency of a frequency band in Item 190. Frequencies are located on FCC authorizations.
Note: Listing Call Signs associated with site-based licenses without specifying specific locations, paths (Microwave Services only), or frequencies will result in all locations, paths, and frequencies for that Call Sign being associated with the spectrum to be leased/subleased. Use Item 186 to specify which (if any) specific locations are to be included in the Lease. Use Item 187 to specify which (if any) specific paths (Microwave Services only) are to be included in the Lease. Use Items
189 and 190 to specify which (if any) specific frequencies are to be included in the Lease.
Appendix I
STATE TABLE
Abbreviations for States, Jurisdictions, and Areas
AL Alabama AK Alaska AZ Arizona
AR Arkansas
CA California
CO Colorado
CT Connecticut
DE Delaware
DC District of Columbia
FL Florida
GA Georgia
GM Gulf of Mexico
HI Hawaii ID Idaho IL Illinois
IN Indiana
IA Iowa
KS Kansas
KY Kentucky LA Louisiana ME Maine
MD Maryland
MA Massachusetts
MI Michigan
MN Minnesota MS Mississippi MO Missouri MT Montana NE Nebraska NV Nevada
NH New Hampshire
NJ New Jersey
NM New Mexico
NY New York
NC North Carolina
ND North Dakota
OH Ohio
OK Oklahoma
OR Oregon
PA Pennsylvania RI Rhode Island SC South Carolina SD South Dakota TN Tennessee
TX Texas
UT Utah
VT Vermont
VA Virginia
WA Washington
WV West Virginia WI Wisconsin WY Wyoming
AS American Samoa
GU Guam
MP Northern Mariana Islands
PR Puerto Rico
UM U.S. Territories: (Baker Island, Howland Island, Jarvis Island, Johston Atoll, Kingman Reef, Midway Island, Navassa Island, Palmyra Atoll and Wake Island)
VI Virgin Islands
AA Armed Forces-Americas (excluding Canada) AE Armed Forces-Europe, Middle East,
Africa, Canada
AP Armed Forces-Pacific
FCC Form 608 |
FCC Application or Notification for Spectrum Leasing Arrangement/ |
Approved by OMB |
Main Form |
Notification of a Private Commons Arrangement |
3060-1058 |
Wireless Telecommunications Bureau See 608 Main Form Instructions
Public Safety and Homeland Security Bureau For public burden estimate
General Information
Application/Notification Purpose
1a) Purpose of Filing (Select only one):
( ) LN – New |
( ) LM – Modification |
( ) LU – Administrative Update |
( ) LT – Transfer of Control |
( ) LE – Extend the Term |
( ) LC – Cancel |
( ) AM – Amendment |
( ) WD –Withdraw |
|
1b) If this filing is for an Amendment (AM) or Withdrawal (WD), enter the File Number of the pending
Application/Notification currently on file with the FCC.
File Number:
Classification of Filing
For Leases/Subleases Only
2a) Classification of Filing (Select only one): ( ) ML – Spectrum Manager Lease
( ) TL – De Facto Transfer Lease
2b) Type of Filing
( ) L – Lease
( ) S – Sublease (Must be filed Manually)
For Private Commons Arrangements Only (Must be filed Manually)
2c) This filing will be a Private Commons Arrangement of a (Select only one): ( ) N— License
( ) L— Lease
( ) S— Sublease
2d) If a Private Commons Arrangement of a Lease or Sublease, choose the legal type (Select only one):
( ) M –Spectrum Manager
( ) T –De Facto Transfer
Term of Lease/Sublease (Only for Transfer of Control of a Lessee or Sublessee, or a Revision to Extend the Term of a Lease or Sublease)
3) Indicate whether the existing Lease/Sublease is: ( ) Short-Term or ( ) Long-Term
Other Wireless Licenses
4a) Is this filing part of a series of filings involving other wireless license(s) or lease(s) held by the Applicant, affiliates of the Licensee (e.g., parents, subsidiaries, or commonly-controlled entities), or third parties that are not included on this filing and for which Commission approval or notification is required? |
( ) Yes No |
4b) If the answer to 4a is ‘Y’, is this filing the lead Application/Notification? |
( ) Yes No |
4c) If the answer to 4a is ‘Y’ and the answer to 4b is ‘Y’, provide the File Number of the lead Application/Notification. |
File Number: |
Attachments
5) Are attachments (other than associated schedules) being filed with this Application/Notification? ( ) Yes No
Fees and Waivers
Exemption from Application Fees
6) Is the applicant exempt from FCC application fees?
If the answer to 6 is ‘Y’, attach an exhibit demonstrating how the applicant is exempt from FCC
application fees.
( ) Yes No
Waiver/Deferral of Fees
7) Is a waiver/deferral of the FCC application fees being requested?
If the answer to 7 is ‘Y’, attach a date-stamped copy of the request for waiver/deferral of the FCC application fees.
( ) Yes No
Waiver of Commission Rules
8a) Does this filing include a request for waiver of the Commission’s Rules (other than a request for application fee waivers)?
If the answer to 8a is ‘Y’, attach an exhibit specifying the rule section(s) for which a waiver is being requested and including a justification for the waiver request. |
( ) Yes No |
8b) If the answer to 8a is ‘Y’, enter the number of rule sections involved. |
Number of Rule Sections: |
Regulatory Status and Offerings (To be completed only for Modification of a Lease or Modification of a Sublease)
Radio Service Offerings
9) The Applicant will provide the following type(s) of radio service offerings (select all that apply):
( ) Common Carrier ( ) Non-common Carrier ( ) Private, internal communications ( ) Broadcast Services
Radio Service
10) The Applicant will provide the following type(s) of radio service (select all that apply):
( ) Fixed ( ) Mobile ( ) Radiolocation ( ) Satellite (sound) ( ) Broadcast Services
11) Does the Applicant propose to provide service interconnected to the public telephone network? ( ) Yes No
Designated Entity Information (If the answer to 12a, 12b or 12c is ‘Y’, Schedule A must be completed.)
Bidding Credits
12a) Does this filing involve any spectrum associated with any licenses that were originally granted before April
25, 2006, and were awarded with bidding credits within the last five years and/or any licenses that were originally granted after April 25, 2006, and were awarded with bidding credits within the last ten years?
Installment Payment Plan
12b) Does this filing involve any spectrum associated with any licenses that were originally subject to the
( ) Yes No
Commission’s installment payment plan? ( ) Yes No
Closed Bidding
12c) Does this filing involve any spectrum associated with any licenses that were originally granted pursuant to
closed bidding within the last five years? ( ) Yes No
Competition-Related Information
13) Does this filing involve a license authorization or Spectrum Lease/Sublease that may be used to provide interconnected mobile voice and/or data services that would, create a geographic overlap with another license authorization(s) or Spectrum Leasing Arrangement(s) in which the Applicant already holds direct or indirect interests (of 10 percent or more), either as a licensee or Spectrum Lessee/Sublessee, and that could also be used to provide interconnected mobile voice and/or data services? |
( ) Yes No |
14a) Does the Applicant (Lessee/Sublessee) hold direct or indirect interests (of 10 percent or more) in any entity that already has access to 10 MHz or more of Cellular, Broadband PCS, or Specialized Mobile Radio (SMR) spectrum through license(s) or spectrum lease/subleases in the same geographic area? |
( ) Yes No |
14b) Would/Does this Spectrum Leasing Arrangement reduce the number of entities providing service (using spectrum in any of the three services above) in the affected market(s)? |
( ) Yes No |
Broadband Radio Service and Educational Broadband Service Information
Broadband Radio Service (BRS) and Educational Broadband Service (EBS) – Cable Cross-Ownership
15a) Will the requested facilities be used to provide multichannel video programming service? |
( ) Yes No |
15b) If the answer to 15a is ‘Y’, does the Applicant operate, control or have an attributable interest (as defined in Section 27.1202 of the Commission’s Rules) in a cable television system whose franchise area is located within the geographic service area of the requested facilities?
If ‘Y’, provide an exhibit explaining how the Applicant (Lessee/Sublessee) complies with Section 27.1202 of the Commission’s Rules or justifying a waiver of that rule. If a waiver of the Commission’s Rule(s) is being requested, 8a must be answered ‘Y’. |
( ) Yes No |
Educational Broadband Service (EBS) – Part 27 Programming Requirements
16) Does the Applicant comply with the programming requirements contained in Section 27.1203 of the
Commission’s Rules?
If ‘N’, provide an exhibit explaining how the Applicant complies with Section 27.1203 of the Commission’s Rules or justifying a waiver of that rule. If a waiver of the Commission’s Rule(s) is being requested, 8a must be answered ‘Y’.
( ) Yes No
Part 90 Public Safety Services
Eligibility
17) Is the Applicant a public safety entity or otherwise an entity that will use the leased spectrum to provide communications in support of public safety operations pursuant to Section 90.523 of the Commission’s Rules?
( ) Yes No
Licensee Information
FRN
18) FCC Registration Number:
Entity
19) Licensee is a(n) (Select One):
( )Individual ( )Unincorporated Association ( )Trust ( )Government Entity ( )Corporation ( )Limited Liability Company
( )General Partnership ( )Limited Partnership ( )Limited Liability Partnership ( )Consortium
( )Other:
Licensee Name
20) Licensee Name (if entity): |
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21) Licensee Name (if individual): |
First: |
MI: |
Last: |
Suffix: |
22) Attention To: |
Address
23) P.O. Box: |
And /Or |
24) Street Address: |
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25) City: |
26) State: |
27) Zip Code: |
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28) Telephone Number: |
29) FAX Number: |
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30) E-Mail Address: |
31) Demographics (Optional):
Race:
( )American Indian or Alaska Native
( )Asian
( )Black or African-American
( )Native Hawaiian or Other Pacific Islander
( )White
Ethnicity:
( )Hispanic or Latino
( )Not Hispanic or Latino
Gender:
( )Male
( )Female
Licensee Contact Information
Contact Name (if other than Licensee)
( ) Check here if same as Licensee Information
32) Name: |
First: |
MI: |
Last: |
Suffix: |
33) Company Name: |
||||
34) Attention To: |
Address
35) P.O. Box: |
And /Or |
36) Street Address: |
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37) City: |
38) State: |
39) Zip Code: |
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40) Telephone Number: |
41) FAX Number: |
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42) E-Mail Address: |
Lessee Information
FRN
43) FCC Registration Number:
Entity
44) Lessee is a(n) (Select One):
( )Individual ( )Unincorporated Association ( )Trust ( )Government Entity ( )Corporation ( )Limited Liability Company
( )General Partnership ( )Limited Partnership ( )Limited Liability Partnership ( )Consortium
( )Other:
Lessee Name
45) If the Licensee name is being updated, is the update a result from the sale (or transfer of control) of the license(s) to another party and for which proper Commission approval has not been received or proper notification not provided? |
( ) Yes No |
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46) Lessee Name (if entity): |
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47) Lessee Name (if individual): |
First: |
MI: |
Last: |
Suffix: |
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48) Attention To: |
Name of Real Party in Interest
49) Name of Real Party in Interest:
50) FCC Registration Number (FRN):
Address
51) P.O. Box: |
And /Or |
52) Street Address: |
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53) City: |
54) State: |
55) Zip Code: |
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56) Telephone Number: |
57) FAX Number: |
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58) E-Mail Address: |
59) Demographics (Optional):
Race:
( )American Indian or Alaska Native
( )Asian
( )Black or African-American
( )Native Hawaiian or Other Pacific Islander
( )White
Ethnicity:
( )Hispanic or Latino
( )Not Hispanic or Latino
Gender:
( )Male
( )Female
Lessee Contact Information
Contact Name (if other than Lessee)
( ) Check here if same as Lessee Information
60) Name: |
First: |
MI: |
Last: |
Suffix: |
61) Company Name: |
||||
62) Attention To: |
Address
63) P.O. Box: |
And /Or |
64) Street Address: |
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65) City: |
66) State: |
67) Zip Code: |
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68) Telephone Number: |
69) FAX Number: |
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70) E-Mail Address: |
Sublessee Information
FRN
71) FCC Registration Number:
Entity
72) Sublessee is a(n) (Select One):
( )Individual ( )Unincorporated Association ( )Trust ( )Government Entity ( )Corporation ( )Limited Liability Company
( )General Partnership ( )Limited Partnership ( )Limited Liability Partnership ( )Consortium
( )Other:
Sublessee Name
73) If the Licensee name is being updated, is the update a result from the sale (or transfer of control) of the license(s) to another party and for which proper Commission approval has not been received or proper notification not provided? |
( ) Yes No |
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74) Sublessee Name (if entity): |
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75) Sublessee Name (if individual): |
First: |
MI: |
Last: |
Suffix: |
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76) Attention To: |
Name of Real Party in Interest
77) Name of Real Party in Interest:
78) FCC Registration Number (FRN):
Address
79) P.O. Box: |
And /Or |
80) Street Address: |
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81) City: |
82) State: |
83) Zip Code: |
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84) Telephone Number: |
85) FAX Number: |
||||
86) E-Mail Address: |
87) Demographics (Optional):
Race:
( )American Indian or Alaska Native
( )Asian
( )Black or African-American
( )Native Hawaiian or Other Pacific Islander
( )White
Ethnicity:
( )Hispanic or Latino
( )Not Hispanic or Latino
Gender:
( )Male
( )Female
Sublessee Contact Information
Contact Name (if other than Sublessee)
( ) Check here if same as Sublessee Information
88) Name: |
First: |
MI: |
Last: |
Suffix: |
89) Company Name: |
||||
90) Attention To: |
Address
91) P.O. Box: |
And /Or |
92) Street Address: |
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93) City: |
94) State: |
95) Zip Code: |
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96) Telephone Number: |
97) FAX Number: |
||||
98) E-Mail Address: |
Transferee Information
FRN
99) FCC Registration Number:
Entity
100) Transferee is a(n) (Select One):
( )Individual ( )Unincorporated Association ( )Trust ( )Government Entity ( )Corporation ( )Limited Liability Company
( )General Partnership ( )Limited Partnership ( )Limited Liability Partnership ( )Consortium
( )Other:
Transferee Name
101) Transferee Name (if entity): |
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102) Transferee Name (if individual): |
First: |
MI: |
Last: |
Suffix: |
103) Attention To: |
Name of Real Party in Interest
104) Name of Real Party in Interest:
105) FCC Registration Number (FRN):
Address
106) P.O. Box: |
And /Or |
107) Street Address: |
|||
108) City: |
109) State: |
110) Zip Code: |
|||
111) Telephone Number: |
112) FAX Number: |
||||
113) E-Mail Address: |
114) Demographics (Optional):
Race:
( )American Indian or Alaska Native
( )Asian
( )Black or African-American
( )Native Hawaiian or Other Pacific Islander
( )White
Ethnicity:
( )Hispanic or Latino
( )Not Hispanic or Latino
Gender:
( )Male
( )Female
Transferee Contact Information
Contact Name (if other than Transferee)
( ) Check here if same as Transferee Information
115) Name: |
First: |
MI: |
Last: |
Suffix: |
116) Company Name: |
||||
117) Attention To: |
Address
118) P.O. Box: |
And /Or |
119) Street Address: |
|||
120) City: |
121) State: |
122) Zip Code: |
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123) Telephone Number: |
124) FAX Number: |
||||
125) E-Mail Address: |
Transferor Information
FRN
126) FCC Registration Number:
Entity
127) Transferor is a(n) (Select One):
( )Individual ( )Unincorporated Association ( )Trust ( )Government Entity ( )Corporation ( )Limited Liability Company
( )General Partnership ( )Limited Partnership ( )Limited Liability Partnership ( )Consortium
( )Other:
Transferor Name
128) Transferor Name (if entity): |
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129) Transferor Name (if individual): |
First: |
MI: |
Last: |
Suffix: |
130) Attention To: |
Address
131) P.O. Box: |
And /Or |
132) Street Address: |
|||
133) City: |
134) State: |
135) Zip Code: |
|||
136) Telephone Number: |
137) FAX Number: |
||||
138) E-Mail Address: |
139) Demographics (Optional):
Race:
( )American Indian or Alaska Native
( )Asian
( )Black or African-American
( )Native Hawaiian or Other Pacific Islander
( )White
Ethnicity:
( )Hispanic or Latino
( )Not Hispanic or Latino
Gender:
( )Male
( )Female
Transferor Contact Information
Contact Name (if other than Transferor)
( ) Check here if same as Transferor Information
140) Name: |
First: |
MI: |
Last: |
Suffix: |
141) Company Name: |
||||
142) Attention To: |
Address
143) P.O. Box: |
And /Or |
144) Street Address: |
|||
145) City: |
146) State: |
147) Zip Code: |
|||
148) Telephone Number: |
149) FAX Number: |
||||
150) E-Mail Address: |
Ownership Disclosure Information
FCC Form 602
151a) Is the Applicant required to file FCC Form 602, Ownership Disclosure Information for the Wireless Telecommunications Services? |
( ) Yes No |
151b) If the answer to 151a is ‘Y’, provide the File Number of FCC Form 602 that has been filed in conjunction with application or is already on file with the FCC. |
File Number: |
Alien Ownership Questions
Alien Ownership (If any answer is ‘Y”, provide an attachment explaining the circumstances. In preparing the attachment, refer to the Main Form Instructions for the “Alien Ownership Questions”.)
152) Is the Lessee/Sublessee or Post-transfer Lessee/Sublessee a foreign government or the representative of any foreign government? |
( ) Yes No |
153) Is the Lessee/Sublessee or Post-transfer Lessee/Sublessee an alien or the representative of an alien? |
( ) Yes No |
154) Is the Lessee/Sublessee or Post-transfer Lessee/Sublessee a corporation organized under the laws of a foreign government? |
( ) Yes No |
155) Is the Lessee/Sublessee or Post-transfer Lessee/Sublessee a corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country? |
( ) Yes No |
156a) Is the Lessee/Sublessee or Post-transfer Lessee/Sublessee directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country? |
( ) Yes No |
156b) If the answer to 155 or 156a is ‘Y’ select one of the choices below.
The Lessee/Sublessee or Post-transfer Lessee/Sublessee is exempt from the provisions of Section 310(b).
It is not necessary to file a petition for declaratory ruling if the Lessee/Sublessee or Post-transfer Lessee/Sublessee includes in the attachment required by Item 155 or Item 156a a showing that the subject Lease is exempt from the provisions of Section 310(b).
The Lessee/Sublessee or Post-transfer Lessee/Sublessee has received a declaratory ruling(s) approving its foreign ownership, and the application/notification involves only the acquisition/use of additional spectrum for the provision of a wireless service in a geographic coverage area for which the Lessee/Sublessee or Post-transfer Lessee/Sublessee has been previously authorized.
If checked, include in the attachment required by Item 155 or Item 156a the citation(s) of the applicable declaratory ruling(s) by DA/FCC number, the FCC Record citation, if available, release date, and a statement that there has been no change in the foreign ownership of the Lessee/Sublessee or Post-Transfer Lessee/Sublessee since the issuance of its ruling.
The Lessee/Sublessee or Post-transfer Lessee/Sublessee: (i) has received a declaratory ruling(s) approving its foreign ownership, but is not able to make the certification specified immediately above; or (ii) is an “affiliate” of a Licensee or Lessee/SubLessee that received a declaratory ruling(s) under Section 1.990(a) of the Commission’s Rules, 47 C.F.R. § 1.990(a), and is relying on the affiliate’s ruling for purposes of filing this application/notification as permitted under the affiliate’s ruling and Section 1.994(b) of the Rules, 47 C.F.R. § 1.994(b).
If checked, and if the Lessee/Sublessee or Post-transfer Lessee/Sublessee received its declaratory ruling(s) on or after August 9, 2013, include in the attachment required by Item 155 or Item 156a the citation(s) of the Lessee/Sublessee or Post-Transfer Lessee/Sublessee’s declaratory ruling(s) by DA/FCC number, the FCC Record citation, if available, release date, and a statement that the Lessee/Sublessee or Post-Transfer Lessee/Sublessee is in compliance with the terms and conditions of its ruling and with the Commission’s Rules.
If checked, and if the Lessee/Sublessee or Post-transfer Lessee/Sublessee received its declaratory ruling(s) prior to August 9, 2013, include in the attachment required by Item 156a a copy of a petition for declaratory ruling filed contemporaneously with the Commission to extend the Lessee/Sublessee or Post-transfer Lessee/Sublessee’s existing ruling(s) to cover the same radio service(s) and geographic coverage area(s) involved in the application/notification. Alternatively, the Lessee/Sublessee or Post-transfer Lessee/Sublessee may request a new declaratory ruling pursuant to Section 1.990(a) of the Commission’s Rules, 47 C.F.R. § 1.990(a). Petitions for declaratory ruling may be filed electronically on the Internet through the International Bureau Filing System (IBFS) (with a copy attached hereto).
If checked, and if the Lessee/Sublessee or Post-transfer Lessee/Sublessee is relying on an affiliate’s ruling for purposes of filing this application/notification, include in the attachment required by Item 155 or Item 156a the citation(s) of the applicable declaratory ruling(s) by DA/FCC number, the FCC Record citation, if available, release date, and a statement that the Lessee/Sublessee or Post-Transfer Lessee/Sublessee is in compliance with the terms and conditions of the named affiliates’s ruling and with the Commission’s Rules. The Lessee/Sublessee or Post-Transfer Lessee/Sublessee must also include a certification of compliance signed by the named affiliate or other qualified entity as specified in Section 1.994(b) of the Rules, 47 C.F.R. § 1.994(b). See Main Form Instructions for Items 155 or 156a, as applicable.
The Lessee/Sublessee or Post-transfer Lessee/Sublessee has not received a declaratory ruling approving its foreign ownership and is requesting a declaratory ruling under Section 1.990(a) of the Commission’s Rules, 47 C.F.R. § 1.990(a), in a petition filed contemporaneously with the Commission.
If checked, include in the attachment required by Item 155 or 156a a copy of the petition for declaratory ruling filed contemporaneously with the Commission pursuant to Section 1.990(a) of the Commission’s Rules, 47 C.F.R. § 1.990(a). Petitions for declaratory ruling may be filed electronically on the Internet through the International Bureau Filing System (IBFS) (with a copy attached hereto).
|
Basic Qualification Information
Basic Qualification Questions (If any answer is ‘Y’, provide an attachment explaining the circumstances)
157) Has the Applicant or any party to this application had any FCC station authorization, license, or construction permit revoked or had any application for an initial, modification or renewal of FCC station authorization, license or construction permit denied by the Commission? |
( ) Yes No |
158) Has the Applicant or any party to this filing, or any party directly or indirectly controlling the Applicant or any party to this filing ever been convicted of a felony by any state or federal court? |
( ) Yes No |
159) Has any court finally adjudged the Applicant or any party directly or indirectly controlling the Applicant guilty of unlawfully monopolizing or attempting unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement, or any other means or unfair methods of competition? |
( ) Yes No |
Licensee Certification Statements
1) The Licensee agrees that the Lease is not a sale or transfer of the license itself.
2) The Licensee certifies that it will not consent to assignment of the Lease except to the extent such assignment complies with the Commission’s
Rules and Regulations.
3) The Licensee certifies that it holds exclusive use rights to use the licensed spectrum.
4) The Licensee certifies that it is not in default on any payment for Commission licenses and that it is not delinquent on any non-tax debt owed to any federal agency.
The Licensee certifies that all of its statements made in this Application/Notification and in the schedules, exhibits, attachments, or documents incorporated by reference are material, are part of this Application/Notification, and are true, complete, correct, and made in good faith.
Type or Printed Name of Party Authorized to Sign
160) First Name: |
MI: |
Last Name: |
Suffix: |
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161) Title: |
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162) Signature: |
163) Date: |
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WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). |
Lessee Certification Statements
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The Lessee certifies that all of its statements made in this Application/Notification and in the schedules, exhibits, attachments, or documents incorporated by reference are material, are part of this Application/Notification, and are true, complete, correct, and made in good faith |
Type or Printed Name of Party Authorized to Sign
164) First Name: |
MI: |
Last Name: |
Suffix: |
|
165) Title: |
||||
166) Signature: |
167) Date: |
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WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). |
Sublessee Certification Statements
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The Sublessee certifies that all of its statements made in this Application/Notification and in the schedules, exhibits, attachments, or documents incorporated by reference are material, are part of this Application/Notification, and are true, complete, correct, and made in good faith. |
Type or Printed Name of Party Authorized to Sign
168) First Name: |
MI: |
Last Name: |
Suffix: |
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169) Title: |
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170) Signature: |
171) Date: |
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WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). |
Transferee Certification Statements
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The Transferee certifies that all of its statements made in this Application/Notification and in the schedules, exhibits, attachments, or documents incorporated by reference are material, are part of this Application/Notification, and are true, complete, correct, and made in good faith. |
Type or Printed Name of Party Authorized to Sign
172) First Name: |
MI: |
Last Name: |
Suffix: |
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173) Title: |
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174) Signature: |
175) Date: |
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WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). |
Transferor Certification Statements
1) The Transferor certifies either (1) that control of the Lessee/Sublessee will not be transferred until consent of the Federal Communications Commission has been given, or (2) that prior Commission consent is not required because the Lease/Sublease is subject to streamlined notification procedures for pro forma transfers of control. See Memorandum Opinion and Order, 13 FCC Rcd. 6293 (1998).
2) The Transferor certifies that it is not in default on any payment for Commission licenses and that it is not delinquent on any non-tax debt owed to any federal agency.
The Transferor certifies that all of its statements made in this Application/Notification and in the schedules, exhibits, attachments, or documents incorporated by reference are material, are part of this Application/Notification, and are true, complete, correct, and made in good faith.
Type or Printed Name of Party Authorized to Sign
176) First Name: |
MI: |
Last Name: |
Suffix: |
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177) Title: |
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178) Signature: |
179) Date: |
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WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). |
Private Commons Manager Certification Statements
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The Licensee/Lessee/Sublessee manager of the Private Commons arrangement certifies that all of its statements made in this Notification and in the schedules, exhibits, attachments, or documents incorporated by reference are material, are part of this Notification, and are true, complete, correct, and made in good faith. |
Type or Printed Name of Party Authorized to Sign
180) First Name: |
MI: |
Last Name: |
Suffix: |
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181) Title: |
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182) Signature: |
183) Date: |
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WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). |
License Authorization(s) or identifiers (pertaining to Lease(s)/Sublease(s)/Private Commons) Associated with the Spectrum
To Be Included in the Filing
184) Call Sign(s) or Lease/Sublease/ Private Commons Identifier(s) |
185) Radio Service Code |
186) Location Number |
187) Path Number (Microwave only) |
188) Frequency Number |
189) Lower Frequency (MHz) |
190) Upper Frequency (MHz) |
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* Note: Items 186 – 190 are for New Leases involving spectrum associated with site-based authorizations when only a
portion of the licensed locations, paths and/or frequencies will be leased.
FCC Form 608 – Main Form Instructions
January
2015
–
Page
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Title | Microsoft Word - Form 608 Main Form 2011.06.doc |
Author | mary.cole |
File Modified | 0000-00-00 |
File Created | 2021-01-25 |