FCC Form 608 FCC Application or Notification for Spectrum Leasing Arr

FCC Application or Notification for Spectrum Leasing Arrangement or Private Commons Arrangement: WT and PSHS Bureaus

FCC Form 608 (2017)(final)

FCC Application or Notification for Sectrum Leasing Arrangement or Private Commons Arrangement: WTB and PSHSB

OMB: 3060-1058

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Main Form FEDERAL COMMUNICATIONS COMMISSION 3060-1058

Est. Avg. Burden Per Response: 5 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 5 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 website at http://www.fcc.gov or by manually submitting FCC Form 160. FCC Form 160 is available from the FCC’s website at http://www.fcc.gov/formpage.html,


This notice is required by the Privacy Act of 1974, Public Law 93-579, December 31, 1974, 5 U.S.C. § 552a(e)(3), and the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, 44 U.S.C. § 3507.











FCC Form 608 Main Form Instructions

May 2017 Page 1

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 CFR §§ 1.9001 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, 18 FCC Rcd 20604, 20643-44, paras. 84-85, n.181 (2003) (Secondary Markets First Report and Order); 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, 19 FCC Rcd 17503, 17529-36, paras. 53-66 (2004) (Secondary Markets Second Report and Order).



Shape1 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.


Shape2 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, Sublease, or Private Commons Arrangement, 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.


Shape3 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 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 47 CFR § 1.948.) 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.


FCC Form 608 Main Form Instructions

May 2017 Page 2

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.

































FCC Form 608 Main Form Instructions

May 2017 Page 3

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 CFR §§ 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) with the Commission prior to commencement of operations under the Lease that provides specified information about and certifications by both the Licensee and Lessee.


If a Licensee proposes to enter into a De Facto Transfer Lease with a Lessee, both parties are required to file jointly 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 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 arrangement, 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.




























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May 2017 Page 4

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 to enter only 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, Schedule F, Schedule G, and Schedule H 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. Alternatively, the Licensee may sign the form to indicate 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.


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May 2017 Page 5

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 Sublease, 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 Sublease, 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 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 and sent to the appropriate address. The mailing address can be found under the Application Fees and Filing Locations found on page 8 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 transfer sublease 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 sublease 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.








FCC Form 608 Main Form Instructions

May 2017 Page 6

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 transfer sublease 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 sublease 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 Secondary Markets Second Report and Order, 19 FCC Rcd at 17549-53, paras. 91-99; 47 CFR § 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.












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May 2017 Page 7

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 47 CFR § 1.65.


Applicable Rules and Regulations

Applicants 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 (47 CFR Part 1, Subpart G) and 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 web site at http://www.fcc.gov/fees,


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 Applicants 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.











FCC Form 608 Main Form Instructions

May 2017 Page 8


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

Item 3 Indicate whether the Lease or Sublease is a Long-Term or Short-Term Lease/Sublease.


Other Wireless Licenses/Leases/Subleases

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 of other spectrum or the transfer of control or assignment of Licenses/Leases/Subleases (as applicable) not listed in this application/notification held by the Lessee/Sublessee, affiliates of the Lessee/Sublessee, or third parties (e.g., spectrum swaps or multi-party transactions). For this purpose, "affiliates" is defined in Section 1.2110(c)(5) of the Commission’s Rules, and includes parents, subsidiaries, or commonly-controlled entities. 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 held 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.


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 that 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.




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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 filed with the Commission’s Office of the Managing Director 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 FCC 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

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 leased 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).


If the Applicant is modifying the type of radio service offerings it provides (i.e., changing from one radio service offering to another), please provide an exhibit explaining the modification.


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 Enter ‘Y’ if the Applicant plans to provide service interconnected to the public telephone network as defined in the FCC rules. ‘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 spectrum leasing arrangement involves spectrum under any licenses that were awarded with bidding credits within the last five 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 47 CFR § 1.2111. If the response to 12a is ‘Y’, Schedule A must be completed.








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Closed Bidding

Item 12b Enter ‘Y’ if the spectrum leasing arrangement involves spectrum under any licenses that were awarded pursuant to closed bidding within the last five years. Otherwise, enter ‘N’.


If the response to this item is ‘Y’, the license(s) may be subject to limitations. See Sections 24.709 and 24.839 of the Commission’s Rules. If the response to 12b 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), that also could be used to provide interconnected mobile voice and/or data services, in which the Applicant already holds attributable interests, as defined in Section 20.22(b) of the Commission’s Rules, either as a licensee or spectrum lessee/sublessee. Otherwise, enter ‘N’.


If ‘Y’, specify in an exhibit all geographic areas/markets (e.g., BTA, CMA, county, etc.) where there are spectrum overlaps and the total amount of spectrum that the Assignee/Transferee will hold and/or lease in each geographic area/market.


Item 14 Enter ‘Y’ if this Spectrum Leasing Arrangement will reduce the number of entities providing service in any of the overlap geographic areas/market(s). Otherwise, enter ‘N’.


Broadband Radio Service and Educational Broadband Service Information


These items enable the FCC to determine whether the Applicant complies with Section 27.1202 of the Commission’s Rules.


Item 15a If the proposed Lease/Sublease will be used to provide multichannel video programming, enter ‘Y’. Otherwise, enter ‘N’.


Item 15b If the response to 15a is ‘Y’, and the Lessee/Sublessee 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 Lease/Sublease, enter ‘Y’. Otherwise, enter ‘N’.


If ‘Y’, provide an exhibit explaining how the Lessee/Sublesse 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 27.1203 of the Commission’s Rules.


Item 16 Enter ‘Y’ if the Lessee/Sublessee 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 Lessee/Sublessee 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’.


600 MHz Band Information


Item 18 Enter ‘Y’ if the spectrum leasing/subleasing arrangement has a term of one year or more (either initially or cumulatively) and involves any licenses in the 600 MHz Band initially granted in the last six years that would, if leased, create a geographic overlap with another licenses(s) in which the Lessee/Sublessee already holds attributable interests, as defined in Section 20.22(b) of the Commission’s Rules, either as a licensee or spectrum Lessee/Sublessee, and that would result in the Lessee/Sublessee holding an attributable interest, as defined in Section 20.22(b) of the Commission’s Rules, in one-third or more of the total suitable and available below-1-GHz spectrum as calculated on a county-by-county population-weighted basis in the relevant license area, utilizing 2010 U.S. Census data. 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.






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If the response to this item is ‘Y’, this spectrum leasing application must be part of a spectrum leasing exchange of 600 MHz band spectrum in the same market(s) or must be a pro forma spectrum leasing arrangement. If the response is ‘Y’, provide an exhibit detailing the proposed spectrum leasing/subleasing exchange of 600 MHz band spectrum in the same market(s), including a list of all file numbers for applications associated with the proposed spectrum leasing arrangement exchange, or describing the pro forma nature of the spectrum leasing/subleasing arrangement, as appropriate.


Item 19 Enter ‘Y’ if the spectrum leasing/subleasing arrangement has a term of one year or more (either initially or cumulatively) and involves any licenses that were initially granted as reserved spectrum licenses in the 600 MHz Band in the last six 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 proposed Lessee/Sublessee must have been qualified to bid on that reserved spectrum license(s) under Section 20.22(c)(1) of the Commission’s Rules as of the FCC Form 175 filing deadline for Auction 1002 (February 10, 2016), the forward auction of the Broadcast Incentive Auction, and must provide an exhibit demonstrating how the proposed Lessee/Sublessee would have qualified to bid on that reserved spectrum license(s) in Auction 1002 as of the FCC Form 175 filing deadline for Auction 1002 (February 10, 2016).



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.


























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FCC Registration Number (FRN)

Item 20 Enter the 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,. Failure to provide the FRN will prevent the Commission from processing the application/notification.


Entity

Item 21 This item indicates the legal entity type of the Licensee. Select Individual, Unincorporated Association, Trust, Government Entity, Corporation, Limited Liability Company, General Partnership, Limited Partnership, Limited Liability Partnership, or Other. When selecting ‘Other’, provide a description of the legal entity.


Licensee Name

Items 22 and 23 If Item 21 is an ‘Individual’, enter the individual name in Item 23. Otherwise, enter the name of the legal entity in Item 22. Note: The full legal name is required for these items.


Item 24 If completing Item 20 (entity name), you must provide the contact person for the Licensee.


Address

Items 25-32 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 47 CFR § 1.934(c)).


Demographics (Optional)

Item 33 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 34-44 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/notification, 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 45 through 59 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.




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Only the Lessee FRN (Item 45) 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 45) 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 45) 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 45 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. Failure to provide the FRN will prevent the Commission from processing the application/notification.


Entity

Item 46 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, or Other. When selecting ‘Other’, provide a description of the legal entity.


Lessee Name

Item 47 Enter ‘Y’ if the new Lessee name is due to a change in ownership, corporate structure, or entity. If you answer Item 47 ‘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 48 and 49 If Item 46 is an ‘Individual’, enter the individual name in Item 49. Otherwise, enter the name of the legal entity in Item 48. Note: The full legal name is required for these items.


Item 50 If completing Item 48 (entity name), you must provide the contact person for the Lessee.


Name of Real Party in Interest

Item 51 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., Memorandum Opinion and Order, 7 FCC Rcd 7996 (1992); Applications of Madalina Broadcasting, et al., Initial Decision of Administrative Law Judge, 8 FCC Rcd 6344 (1993).


Item 52 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, 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 53-60 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 47 CFR § 1.934(c)).


Demographics (Optional)

Item 61 The information is optional and is requested for informational purposes only. Responses to this item will in no way affect processing of applications/notifications.





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Lessee Contact Information

Contact Name & Address (If other than Lessee)

Items 62-72 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 73 through 88 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 73) 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 73 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, Failure to provide the FRN will prevent the Commission from processing the application/notification.


Entity

Item 74 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, or Other. When selecting ‘Other’, provide a description of the legal entity.


Sublessee Name

Item 75 Enter ‘Y’ if the new Sublessee name is due to a change in ownership, corporate structure, or entity. If you answer Item 75 ‘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 76 and 77 If Item 74 is an ‘Individual’, enter the individual name in Item 77. Otherwise, enter the name of the legal entity in Item 76. Note: The full legal name is required for these items.


Item 78 If completing Item 76 (entity name), you must provide the contact person for the Sublessee.


Name of Real Party in Interest

Item 79 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., Memorandum Opinion and Order, 7 FCC Rcd 7996 (1992); Applications of Madalina Broadcasting, et al., Initial Decision of Administrative Law Judge, 8 FCC Rcd 6344 (1993).




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Item 80 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, 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 81-88 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 47 CFR § 1.934(c))


Demographics (Optional)

Item 89 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 90-100 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 101 through 116 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 101 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, Failure to provide the FRN will prevent the Commission from processing the application/notification.


Entity

Item 102 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, or Other. When selecting ‘Other’, provide a description of the legal entity.








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Transferee Name

Items 103 and 104 If Item 102 is an ‘Individual’, enter the individual name in Item 104. Otherwise, enter the name of the legal entity in Item 103. Note: The full legal name is required for these items.


Item 105 If completing Item 103 (entity name), you must provide the contact person for the Transferee.


Name of Real Party in Interest

Item 106 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., Memorandum Opinion and Order, 7 FCC Rcd 7996 (1992); Applications of Madalina Broadcasting, et al., Initial Decision of Administrative Law Judge, 8 FCC Rcd 6344 (1993).


Item 107 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, 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 108-115 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 47 CFR § 1.934(c).)


Demographics (Optional)

Item 116 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 117-127 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.









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Transferor Information

Items 128 through 141 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 128 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, Failure to provide the FRN will prevent the Commission from processing the application/notification.


Entity

Item 129 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, or Other. When selecting ‘Other’, provide a description of the legal entity.


Transferor Name

Items 130 and 131 If Item 129 is an ‘Individual’, enter the individual name in Item 131. Otherwise, enter the name of the legal entity in Item 130. Note: The full legal name is required for these items.


Item 132 If completing Item 130 (entity name), you must provide the contact person for the Transferor.


Address

Items 133-140 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 47 CFR § 1.934(c).)


Demographics (Optional)

Item 141 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 142-152 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.







FCC Form 608 Main Form Instructions

May 2017 Page 18

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 FCC Form 602, Ownership Disclosure Form. For purposes of this question, Applicant is the Lessee, Sublessee, or Transferee.


Item 153a Enter ‘Y’ if the Applicant is required to file FCC Form 602, Ownership Disclosure Information for the Wireless Telecommunications Services. Otherwise, enter ‘N’.


Item 153b If the response to Item 153a is ‘Y’, enter the File Number of the FCC Form 602 submitted in conjunction with this application/notification 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, 18 FCC Rcd at 20653, 20665-66, paras. 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 154-158. Any applicant that answers ‘Y’ to Items 155-158a 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 CFR §§ 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, Second Report and Order, 28 FCC Rcd 5741 (2013) (Foreign Ownership Second Report and Order). The foreign ownership rules will be renumbered and codified in Sections 1.5000 through 1.5004 of the Commission's rules, 47 CFR s 1.5000-1.5004, subject to OMB approval, in accordance with the Commission's decision in Review of Foreign Ownership Policies for Broadcast, Common Carrier and Aeronautical Radio Licensees under Section 310(b)(4) of the Communications Act of 1934, as amended, GN Docket No. 15-236, FCC 16-128, 31 FCC Rcd 11272 (2016).


Item 154 All Transferees/Lessees/Sublessees filing an application/notification must answer Item 154. 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 154 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 155-156 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 155 or 156 is ‘Y’. Any Applicant that answers ‘Y’ to either of Items 155 or 156 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 157 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 CFR § 1.990(a)(2). See also Secondary Markets First Report and Order, 18 FCC Rcd at 20653, 20665-66, paras. 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, 27 FCC Rcd 9832 (2012). The Commission codified the forbearance approach in the Foreign Ownership Second Report and Order, 28 FCC Rcd at 5759-63, paras. 30-37.






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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 157 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.


  1. A demonstration that the subject Lease(s) is exempt from the provisions of Section 310(b)(3);


  1. 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


  1. A copy of a petition for declaratory ruling filed pursuant to Section 1.990(a)(2) of the Commission’s Rules, 47 CFR § 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 CFR §§ 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 47 CFR § 1.994(b). See also 47 CFR § 1.990(d)(2) (defining the term “affiliate” for purposes of Sections 1.990-1.994 of the Rules).


Item 158a 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

CFR § 1.990(a)(1); Foreign Ownership Second Report and Order, 28 FCC Rcd at 5759-63, paras. 30-37. See also Secondary Markets First Report and Order, 18 FCC Rcd at 20653, 20665-66, paras. 110, 143.


Accordingly, any Lessee/Sublessee or Post-Transfer Lessee/Sublessee that answers ‘Y’ to Item 158a 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.


  1. A demonstration that the subject Lease(s) is exempt from the provisions of Section 310(b)(4);


  1. 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


  1. A copy of a petition for declaratory ruling filed pursuant to Section 1.990(a)(1) of the Commission’s Rules, 47 CFR § 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




FCC Form 608 Main Form Instructions

May 2017 Page 20

(IBFS) and shall otherwise comport with the requirements of Sections 1.990 through 1.994 of the Commission’s Rules, 47 CFR §§ 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 47 CFR § 1.994(b). See also § 1.990(d)(2) (defining the term “affiliate” for purposes of §§ 1.990-1.994 of the Rules).


Item 158b A Lessee/Sublessee or Post-Transfer Lessee/Sublessee that has answered ‘Y’ to Item 157 and/or Item 158a is required to respond to Item 158b. Item 158b has two purposes. First, Item 158b 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, 28 FCC Rcd 5741, and the foreign ownership rules adopted in that Order, 47 CFR §§ 1.990-1.994. See Main Form Instructions for Item 157 and Item 158a.


Second, Item 158b 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 CFR §§ 1.9030(e) and 1.9035(e), or for the “immediate processing” procedures in Section 1.9020(e) of the Rules, 47 CFR § 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 158b. 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, 28 FCC Rcd at 5792-93, 5799, paras. 96, 110.



Basic Qualification Information

Basic Qualification Questions

Items 159-161 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 159-161 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 162-165 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 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.







FCC Form 608 Main Form Instructions

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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 with 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) (e.g., radio service AH (AWS-H Block, 1915-1920 MHz and 1995-2000 MHz), radio service AT (AWS-3, 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz), and radio service WT (600 MHz band)). 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 166-169 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 with 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) (e.g., radio service AH (AWS-H Block, 1915-1920 MHz and 1995-2000 MHz), radio service AT (AWS-3, 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz), and radio service WT (600 MHz band)). 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 170 -173 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 with 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) (e.g., radio service AH (AWS-H Block, 1915-1920 MHz and 1995-2000 MHz), radio service AT (AWS-3, 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz), and radio service WT (600 MHz band)). 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 174-177 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.



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May 2017 Page 22

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 178-181 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 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) (e.g., radio service AH (AWS-H Block, 1915-1920 MHz and 1995-2000 MHz), radio service AT (AWS-3, 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz), and radio service WT (600 MHz band)). 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 182-185 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 186-192 In every Application/Notification, list the Call Sign(s) or Lease Identifier(s) of the License(s), Lease(s), or Sublease(s) that are associated with the spectrum included in the Application/Notification. There must be at least one Call Sign, Lease Identifier, or Sublease Identifier entered in the column designated as Item 186. 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 188-192, as appropriate).


Item 186 In this item, list the Call Sign(s), Lease Identifier(s), or Private Commons Identifier(s) of the authorizations, as appropriate, that are associated with the Lease/Sublease/Private Commons Arrangement. Call signs are located on FCC Authorizations. Lease/Sublease Identifiers are located on Lease Arrangement Letters.


Item 187 In this column, list the Radio Service Code of the Call Sign or Lease/Sublease/Private Commons 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 188 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 191 and 192 to specify which (if any) specific frequencies are to be included in the Lease.


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Item 189 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 191 and 192 to specify which (if any) specific frequencies are to be included in the Lease.


Item 190 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 191 and 192 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 191. If applicable, enter the upper frequency of a frequency band in Item 192. 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 188 to specify which (if any) specific locations are to be included in the Lease/Sublease. Use Item 189 to specify which (if any) specific paths (Microwave Services only) are to be included in the Lease/Sublease. Use Items 190 and 192 to specify which (if any) specific frequencies are to be included in the Lease/Sublease.









































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Appendix I


STATE TABLE


Abbreviations for States, Jurisdictions, and Areas


AL AK AZ AR

Alabama Alaska Arizona Arkansas

ND OH OK OR

North Dakota Ohio Oklahoma Oregon

CA CO

California Colorado

PA

RI

Pennsylvania

Rhode Island

CT DE

Connecticut Delaware

SC

SD

South Carolina

South Dakota

DC FL

District of Columbia Florida

TN

TX

Tennessee

Texas

GA GM

Georgia

Gulf of Mexico

UT VT

Utah Vermont

HI

ID

Hawaii

Idaho

VA WA

Virginia Washington

IL IN

Illinois Indiana

WV

WI

West Virginia

Wisconsin

IA KS

Iowa Kansas

WY

Wyoming

KY

LA

Kentucky

Louisiana

AS GU

American Samoa Guam

ME

MD

Maine

Maryland

MP PR

Northern Mariana Islands Puerto Rico

MA

MI

Massachusetts

Michigan

UM

U.S. Territories: (Baker Island, Howland Island,

Jarvis Island, Johston Atoll, Kingman Reef,

MN

MS MO

Minnesota

Mississippi Missouri



VI

Midway Island, Navassa Island, Palmyra Atoll

and Wake Island) Virgin Islands

MT

Montana



NE

NV NH NJ

Nebraska

Nevada

New Hampshire New Jersey

AA

AE


AP

Armed Forces-Americas (excluding Canada)

Armed Forces-Europe, Middle East, Africa, Canada

Armed Forces-Pacific

NM NY

New Mexico New York



NC

North Carolina




















FCC Form 608 Main Form Instructions

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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 Public Safety and Homeland Security Bureau

See 608 Main Form Instructions 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

Shape5


For Private Commons Arrangements Only (Must be filed Manually)

Shape6



Term of Lease/Sublease

3) Indicate whether the existing Lease/Sublease is: ( ) Long-Term or ( ) Short-Term

Shape7



Shape8 Shape9 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 ‘N’, provide the File Number of the lead Application/Notification.

File Number:





Attachments

Shape12


Fees and Waivers

Exemption from Application Fees

Shape13


Waiver/Deferral of Fees

Shape14


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

Radio Service Offerings

Shape16

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


Shape17


Closed Bidding

Shape18

( ) Yes No

Shape19

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), that also could be used to provide interconnected mobile voice and/or data services, in which the Applicant already holds attributable interests, as defined in Section 20.22(b) of the Commission’s Rules, either as a licensee or smpectrum lessee/sublessee?

If ‘Y’, specify in an exhibit all geographic areas/markets (e.g., BTA, CMA, county, etc.) where there are spectrum overlaps and the total amount of spectrum that the Assignee/Transferee will hold and/or lease in each geographic area/market.

(

) Yes

No

14) If the answer to Item 13 is ‘Y’, would/does this application for a spectrum leasing or subleasing arrangement reduce the number of entities providing service in the affected market(s)?

(

) Yes

No


Broadband Radio Service and Educational Broadband Service Information


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


Shape20


Part 90 Public Safety Services

Eligibility

Shape21



600 MHz Band Information


18) Is the spectrum leasing/subleasing arrangement for a term of one year or more (either initially or cumulatively) and involves any licenses in the 600 MHz Band initially granted in the last six years that would, if leased, create a geographic overlap with another licenses(s) in which the Lessee/Sublessee already holds attributable interests, as defined in Section 20.22(b) of the Commission’s Rules, either as a licensee or spectrum Lessee/Sublessee, and that would result in the Lessee/Sublessee holding an attributable interest, as defined in Section 20.22(b) of the Commission’s Rules, in one-third or more of the total suitable and available below-1-GHz spectrum as calculated on a county-by-county population-weighted basis in the relevant license area, utilizing 2010 U.S. Census data?

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 ‘Y’, provide an exhibit detailing the proposed spectrum leasing/subleasing exchange of 600 MHz band spectrum in the same market(s), including a list of all file numbers for applications associated with the proposed spectrum leasing arrangement exchange, or describing the pro forma nature of the spectrum leasing arrangement, as appropriate.

(

) Yes

No

19) Is the spectrum leasing/subleasing arrangement for a term of one year or more (either initially or cumulatively) and involves any licenses that were initially granted as reserved spectrum licenses in the 600 MHz Band in the last six 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 ‘Y’, provide an exhibit demonstrating how the Lessee/Sublessee would have qualified to bid on that reserved spectrum license(s) in Auction 1002 as of the FCC Form 175 filing deadline (February 10, 2016) for Auction 1002, the forward auction of the Broadcast Incentive Auction.

(

) Yes

No













Licensee Information

FRN

20) FCC Registration Number:

Shape22


Entity

Shape23


Licensee Name

22) Licensee Name (if entity):

23) Licensee Name (if individual):

First:

MI:

Last:

Suffix:

24) Attention To:


Address

25) P.O. Box:

And

/Or

26) Street Address:

27) City:

28) State:

29) Zip Code:

30) Telephone Number:

31) FAX Number:

32) E-Mail Address:

33) 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

34) Name:

First:

MI:

Last:

Suffix:

35) Company Name:

36) Attention To:


Address

37) P.O. Box:

And

/Or

38) Street Address:

39) City:

40) State:

41) Zip Code:

42) Telephone Number:

43) FAX Number:

44) E-Mail Address:




Lessee Information

FRN

45) FCC Registration Number:

Shape24

Entity

Shape25


Lessee Name

47) If the Lessee name is being updated, is the update a result of a change in ownership, corporate structure, or entity for which proper Commission approval has not been received or proper notification not provided?”

( ) Yes No

48) Lessee Name (if entity):

49) Lessee Name (if individual):

First:

MI:

Last:

Suffix:

50) Attention To:


Name of Real Party in Interest

Shape26


Address

53) P.O. Box:

And

/Or

54) Street Address:

55) City:

56) State:

57) Zip Code:

58) Telephone Number:

59) FAX Number:

60) E-Mail Address:


61) 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

62) Name:

First:

MI:

Last:

Suffix:

63) Company Name:

64) Attention To:

Address

65) P.O. Box:

And

/Or

66) Street Address:

67) City:

68) State:

69) Zip Code:

70) Telephone Number:

71) FAX Number:

72) E-Mail Address:

Sublessee Information

FRN

73) FCC Registration Number:

Shape27

Entity

Shape28

Sublessee Name

75) If the Sublessee name is being updated, is the update a result of a change in ownership, corporate structure, or entity

for which proper Commission approval has not been received or proper notification not provided?

( ) Yes No

76) Sublessee Name (if entity):

77) Sublessee Name (if individual):

First:

MI:

Last:

Suffix:

78) Attention To:


Name of Real Party in Interest

Shape29


Address

81) P.O. Box:

And

/Or

82) Street Address:

83) City:

84) State:

85) Zip Code:

86) Telephone Number:

87) FAX Number:

88) E-Mail Address:


89) 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

90) Name:

First:

MI:

Last:

Suffix:

91) Company Name:

92) Attention To:

Address

93) P.O. Box:

And

/Or

94) Street Address:

95) City:

96) State:

97) Zip Code:

98) Telephone Number:

99) FAX Number:

100) E-Mail Address:


Transferee Information

FRN

101) FCC Registration Number:

Shape30


Entity

Shape31


Transferee Name

103) Transferee Name (if entity):

104) Transferee Name (if individual):

First:

MI:

Last:

Suffix:

105) Attention To:


Name of Real Party in Interest

Shape32


Address

108) P.O. Box:

And

/Or

109) Street Address:

110) City:

111) State:

112) Zip Code:

113) Telephone Number:

114) FAX Number:

115) E-Mail Address:


116) 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

117) Name:

First:

MI:

Last:

Suffix:

118) Company Name:

119) Attention To:

Address

120) P.O. Box:

And

/Or

121) Street Address:

122) City:

123) State:

124) Zip Code:

125) Telephone Number:

126) FAX Number:

127) E-Mail Address:


Transferor Information

FRN

128) FCC Registration Number:

Shape33


Entity

Shape34


Transferor Name

130) Transferor Name (if entity):

131) Transferor Name (if individual):

First:

MI:

Last:

Suffix:

132) Attention To:


Address

133) P.O. Box:

And

/Or

134) Street Address:

135) City:

136) State:

137) Zip Code:

138) Telephone Number:

139) FAX Number:

140) 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

153a) Is the Applicant required to file FCC Form 602, Ownership Disclosure Information for the Wireless

Telecommunications Services?

( ) Yes No

153b) 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”.)

154) Is the Lessee/Sublessee or Post-Transfer Lessee/Sublessee a foreign government or the representative of any foreign government?

(

) Yes

No

155) Is the Lessee/Sublessee or Post-Transfer Lessee/Sublessee an alien or the representative of an alien?

(

) Yes

No

156) Is the Lessee/Sublessee or Post-Transfer Lessee/Sublessee a corporation organized under the laws of a foreign government?

(

) Yes

No

157) 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

158a) 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































Shape35 158b) 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(s) 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 CFR § 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 CFR § 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-Ttransfer 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/notificationm. 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 CFR § 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 affiliate’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 CFR § 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 CFR § 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 CFR § 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)

159) 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

160) 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

161) 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

162) First Name:

MI:

Last Name:

Suffix:

163) Title:

164) Signature:

165) Date:

FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID.

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

1) The Lessee agrees that the Lease is not a sale or transfer of the license itself.

2) The Lessee acknowledges that it is required to comply with the Commission’s Rules and Regulations and other applicable law at all times, and if the Lessee fails to so comply, the Lease/Sublease may be revoked, cancelled, or terminated by either the Licensee or the Commission.

3) The Lessee certifies that neither it nor any other party to the Application/Notification is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862, because of a conviction for possession or distribution of a controlled substance. This certification does not apply to applications filed in services exempted under Section 1.2002(c) of the Commission’s Rules. See Section 1.2002(b) of the Commission’s Rules for the definition of "party to the application" as used in this certification.

4) The Lessee hereby accepts Commission oversight and enforcement consistent with the license and lease authorization. The Lessee acknowledges that it must cooperate fully with any investigation or inquiry conducted either by the Commission or the Licensee, allow the Commission or the Licensee to conduct on-site inspections of transmission facilities, and suspend operations at the direction of the Commission or the Licensee and to the extent that such suspension of operation would be consistent with applicable Commission policies.

5) The Lessee acknowledges that in the event an authorization held by a Licensee that has associated with it a spectrum leasing arrangement that is the subject of this filing is revoked, cancelled, terminated, or otherwise ceases to be in effect, the Lessee will have no continuing authority to use the leased spectrum and will be required to terminate its operations no later than the date on which the Licensee ceases to have any authority to operate under the license, unless otherwise authorized by the Commission.

6) The Lessee agrees the Lease shall not be assigned to any entity that is not eligible or qualified to enter into a spectrum leasing arrangement under the Commission’s Rules and Regulations.

7) The Lessee waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by spectrum lease or otherwise.

8) The Lessee 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.

9) The Lessee certifies that it and all of the related individuals and entities required to be disclosed on this application and FCC Form 602 (FCC Ownership Disclosure Information for the Wireless Telecommunications Services) are not person(s) who have been, for reasons of national security, barred by any agency of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant. This certification applies only to 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).

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

166) First Name:

MI:

Last Name:

Suffix:

167) Title:

168) Signature:

169) Date:

FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID.

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

1) The Sublessee agrees that the Lease is not a, sale or transfer of the license itself.

2) The Sublessee acknowledges that it is required to comply with the Commission’s Rules and regulations and other applicable law at all times, and if the Sublessee fails to so comply, the Lease may be revoked, cancelled, or terminated by either the licensee or the Commission.

3) The Sublessee certifies that neither it nor any other party to the Application/Notification is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862, because of a conviction for possession or distribution of a controlled substance. This certification does not apply to applications filed in services exempted under Section 1.2002(c) of the Commission’s Rules. See Section 1.2002(b) of the Commission’s Rules for the definition of "party to the application" as used in this certification.

4) The Sublessee hereby accepts Commission oversight and enforcement consistent with the license authorization. The Sublessee acknowledges that it must cooperate fully with any investigation or inquiry conducted either by the Commission or the Licensee, allow the Commission or the licensee to conduct on-site inspections of transmission facilities, and suspend operations at the direction of the Commission or the Licensee and to the extent that such suspension of operation would be consistent with the applicable Commission policies.

5) The Sublessee acknowledges that in the event an authorization held by a Licensee that has entered into a spectrum leasing arrangement is revoked, cancelled, terminated, or otherwise ceases to be in effect, the Sublessee will have no continuing authority to use the leased spectrum and will be required to terminate its operations no later than the date on which the Licensee ceases to have any authority to operate under the license, unless otherwise authorized by the Commission.

6) The Sublessee agrees the Lease/Sublease shall not be assigned to any entity that is not eligible or qualified to enter into a spectrum leasing arrangement under the Commission’s Rules and regulations.

7) The Sublessee waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by spectrum lease or otherwise.

8) The Sublessee 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.

9) The Sublessee certifies that it and all of the related individuals and entities required to be disclosed on this application and FCC Form 602 (FCC Ownership Disclosure Information for the Wireless Telecommunications Services) are not person(s) who have been, for reasons of national security, barred by any agency of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant. This certification applies only to 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).

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

170) First Name:

MI:

Last Name:

Suffix:

171) Title:

172) Signature:

173) Date:

FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID.

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

1) The Transferee agrees that the Lease/Sublease is not a sale or transfer of the license itself.

2) The Transferee acknowledges that it is required to comply with the Commission’s Rules and Regulations and other applicable law at all times, and if the Transferee fails to so comply, the Lease/Sublease may be revoked, cancelled, or terminated by either the licensee or the Commission.

3) The Transferee certifies that neither it nor any other party to the Application/Notification is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862, because of a conviction for possession or distribution of a controlled substance. This certification does not apply to applications filed in services exempted under Section 1.2002(c) of the Commission’s Rules. See Section 1.2002(b) of the Commission’s Rules for the definition of "party to the application" as used in this certification.)

4) The Transferee hereby accepts Commission oversight and enforcement consistent with the license authorization. The Transferee acknowledges that it must cooperate fully with any investigation or inquiry conducted either by the Commission or the Licensee, allow the Commission or the licensee to conduct on-site inspections of transmission facilities, and suspend operations at the direction of the Commission or the Licensee and to the extent that such suspension of operation would be consistent with the applicable Commission policies.

5) The Transferee acknowledges that in the event an authorization held by a Licensee that has entered into a spectrum leasing arrangement is revoked, cancelled, terminated, or otherwise ceases to be in effect, the Transferee will have no continuing authority to use the leased spectrum and will be required to terminate its operations no later than the date on which the Licensee ceases to have any authority to operate under the license, unless otherwise authorized by the Commission.

6) The Transferee agrees the Lease shall not be assigned to any entity that is not eligible or qualified to enter into a spectrum leasing arrangement under the Commission’s Rules and Regulations.

7) The Transferee waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by spectrum lease or otherwise.

8) The Transferee 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.

9) The Transferee certifies that it and all of the related individuals and entities required to be disclosed on this application and FCC Form 602 (FCC Ownership Disclosure Information for the Wireless Telecommunications Services) are not person(s) who have been, for reasons of national security, barred by any agency of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant. This certification applies only to 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).

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

174) First Name:

MI:

Last Name:

Suffix:

175) Title:

176) Signature:

177) Date:

FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID.

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 Federal Communications Bar Association's Petition for Forbearance from Section 310(d) of the Communications Act Regarding Non-Substantial Assignments of Wireless Licenses and Transfers of Control Involving Telecommunications Carriers and Personal Communications Industry Association's Broadband Personal Communications Services Alliance's Petition for Forbearance For Broadband Personal Communications Services, Memorandum Opinion and Order, 13 FCC Rcd 6293 (1998) (Memorandum Opinion and Order).

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

178) First Name:

MI:

Last Name:

Suffix:

179) Title:

180) Signature:

181) Date:

FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID.

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

1) The Licensee/Lessee/Sublessee manager of the Private Commons certifies that it will retain de facto control of the use of the spectrum under the Private Commons arrangement, including that it will maintain reasonable oversight over the users’ use of the spectrum under the arrangement so as to ensure that the use of the spectrum, and communications equipment employed, comply with all technical and service rules applicable under the license authorization.

2) The Licensee/Lessee/Sublessee manager of the Private Commons arrangement certifies that it will maintain the ability to ensure that users under the arrangement comply with all the technical and service rules applicable under the license authorization.

3) The Licensee/Lessee/Sublessee manager of the Private Commons certifies that it and all of the related individuals and entities required to be disclosed on this application and FCC Form 602 (FCC Ownership Disclosure Information for the Wireless Telecommunications Services) are not person(s) who have been, for reasons of national security, barred by any agency of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant. This certification applies only to 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).

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

182) First Name:

MI:

Last Name:

Suffix:

183) Title:

184) Signature:

185) Date:

FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID.

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

186)

Call Sign(s) or Lease/Sublease/ Private Commons Identifier(s)

187) Radio Service Code

188)

Location Number

189)

Path Number (Microwave only)

190)

Frequency Number

191)

Lower Frequency (MHz)

192)

Upper Frequency (MHz)



























































































































































Shape37 * Note: Items 188 192 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 FEDERAL COMMUNICATIONS COMMISSION Approved by OMB

Schedule A 3060-1058

Est. Avg. Burden

Information and Instructions Per Response: 5 hours


Instructions for Schedule for Licensees that Received Bidding Credits or

Involving Licenses Won in Closed Bidding FCC Form 608, Schedule A

Complete this schedule when a Lease/Sublease/Transfer of Control involves spectrum associated with a License(s) that was originally awarded through the competitive bidding process and the original Licensee or current Licensee obtained bidding credits, or closed bidding licenses. This schedule establishes whether the Lessee/Sublessee/Transferee is eligible for the same special provisions as the Licensee, or whether unjust enrichment provisions or other restrictions apply. 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 on page 8 of the Main Form Instructions.


Designated Entity Information


Bidding Credits

Items 1-3 require information from Licensees and Lessees/Sublessees/Transferees in those instances in which the Lease/Sublease involves spectrum associated with license(s) for which the Licensee is a “designated entity.” See 47 CFR §§ 1.2110-1.2112 (rules pertaining to designated entities); §§ 1.9020(d)(4), 1.9030(d)(4) (rules pertaining to leasing involving designated entities); and appropriate FCC competitive bidding rules and applicable service rules in Title 47 of the Code of Federal Regulations (47 CFR).


Item 1 Enter ‘Y’ if the full amount of bidding credits awarded with regard to each subject license has been paid as part of unjust enrichment payment(s) in previous transaction(s). Otherwise, enterN’. If the response to Item 1 is ‘Y’, Items 2 and 3 are not required to be completed. If the response to Item 1 is ‘N’, complete Item 2 or 3, as appropriate.


Bidding Credits (Spectrum Manager Leases/Subleases Only)

Item 2 Item 2 must be completed for each Application/Notification for a Spectrum Manager Lease/Sublease in which the Licensee has “designated entity” status if the Applicant entered No in Item 1. In general, for purposes of determining whether a Licensee retains its overall eligibility for a small business bidding credit, the gross revenues of the Licensee, its “controlling interest(s),” and any “affiliate(s)” of the Licensee or of any of its controlling interest(s) are considered on a cumulative basis and aggregated. For purposes of determining whether a Licensee retains its eligibility for a rural service provider bidding credit, the subscribers of the Licensee, its “controlling interest(s),” and any “affiliate(s)” of the Licensee or of any of its controlling interest(s) are considered on a cumulative basis and aggregated, and the Licensee must continue to serve predominantly rural areas. See 47 CFR §§ 1.2110(b), 1.2110(f)(2), 1.2110(f)(4), 1.2112(b). A “controlling interest” includes any individual or entity with either de jure or de facto control of the licensee. See § 1.2110(c)(2). An “affiliate” includes any individual or entity holding an attributable interest in the licensee as set forth in § 1.2110(c)(5). For purposes of determining whether the Licensee has retained the requisite degree of ownership and control over the leased spectrum in order to remain eligible for the license or for bidding credits, the de jure control standard in Section 1.2110 and the de facto control standard in Section 1.9010 will be applied (pursuant to the conditions set forth in Section 1.9020). See Updating Part 1 Competitive Bidding Rules, Report and Order; Order on Reconsideration of the First Report and Order; Third Order on Reconsideration of the Second Report and Order; Third Report and Order, 30 FCC Rcd 7493, 7510-11, paras. 35-39 (2015).


Item 2a Enter ‘Y’ if the Applicant (Lessee/Sublessee/Transferee) has a general partnership interest or has direct or indirect ownership interests of ten percent or greater in the Licensee. Otherwise, enter ‘N’.


Item 2b Enter ‘Y’ if the Applicant (Lessee/Sublessee/Transferee) is a “controlling interest holder” or “affiliate” of the current Licensee. Otherwise, enter ‘N’.


Item 2c Enter ‘Y’ if the Applicant (Lessee/Sublessee/Transferee) shares office space, equipment or other facilities with any party controlling the entity from which spectrum is being leased/subleased. Otherwise, enter ‘N’.



Item 2d Enter ‘Y’ if the Applicant (Lessee/Sublessee/Transferee) is a disclosable interest holder (DIH) that holds a ten percent or greater interest of any kind in the Licensee and the Lease/Sublease is for more than 25% of the spectrum capacity of the subject license(s). Otherwise, enter ‘N’.


If the response to this item is ‘Y,’ and the subject license(s) was acquired using the small business bidding credit and the Applicant is either eligible for a lower percentage bidding credit or not eligible for a small business bidding credit, the Applicant must complete Items 7-35. Additionally, the Applicant must attach an exhibit indicating the percentage of spectrum capacity it has an agreement to use for each such license. Otherwise, enter ‘N’.


If the response to this item is ‘Y,’ and the subject license(s) was acquired using the Rural Service Provider (RSP) bidding credit and the Applicant is not eligible for a RSP bidding credit, it must provide in an exhibit the following information requested in (a)-(b).


(a) For the Applicant and each of its Affiliates, the individual or entity’s name, its FCC Registration Number (FRN), and its combined number of commercial communications service subscribers to wireless, wireline, broadband, and cable services. For the Applicant and each of its Affiliates, also provide a list of the name(s) and the FIPS number(s) for each county in which it has at least one commercial wireless, wireline, broadband, or cable subscriber; and

(b) For the Applicant, indicate the percentage of spectrum capacity it has an agreement to use for each subject license.


Subscriber counts should be current as of the date of filing this application. The Applicant, and other reporting entities, should count a subscriber only once even if that subscriber receives more than one service from the Applicant or entity. For example, a subscriber receiving both wireline service and broadband from the Applicant would be counted as a single subscriber of the Applicant.


FIPS numbers are available from the US Census Bureau and identified by the Commission as needed (see, e.g., Appendix B of Wireless Telecommunications Bureau Provides Details about Partial Economic Areas, GN Docket No. 12-268, 29 FCC Rcd 6491, 6502 (2014)).


Item 2e Enter ‘Y’ if the Licensee can certify that the Lease/Sublease does not affect its continuing eligibility to retain bidding credits as a designated entity. Enter ‘N’ if the Licensee cannot so certify.


Bidding Credits (Long-Term De Facto Transfer Leases/Subleases Only)

Item 3 Item 3 must be completed for each Application/Notification for a Long-Term De Facto Transfer Lease/Sublease. Check the appropriate response.

Item 3a If the Lessee/Sublessee/Transferee qualifies for the same designated entity benefit as the current Licensee, it should so indicate by checking the first box. If the Lessee/Sublessee/Transferee qualifies for a designated entity benefit, but does not qualify for as high of a percentage of bidding credit as received by the Licensee, the Lessee/Sublessee/Transferee should respond by checking the second box. The Lessee/Sublessee/Transferee may request the same designated entity status as the current Licensee or a different designated entity status from the current Licensee, either as a small business as defined in Section 1.2110(f)(2) or as a rural service provider as defined in Section 1.2110(f)(4), but not both. If the Lessee/Sublessee/Transferee does not qualify for any designated entity status, the Lessee/Sublessee/Transferee should respond by checking the third box. If the Lessee/Sublessee/Transferee checks either the second box or the third box, an unjust enrichment payment WILL be required. See Secondary Markets First Report and Order, 18 FCC Rcd at 20666-67, para. 145.


Item 3b If the Lessee/Sublessee/Transferee requests designated entity status, it must select the appropriate designated entity status. If selecting the small business bidding credit, provide the bidding credit percentage (15%, 25% or 35%).


If the Lessee/Sublessee/Transferee selects the small business bidding credit, complete Items 7-35. If the Applicant selects rural service provider bidding credit, complete item 36.


For either bidding credit, attach an exhibit that includes the information required by the Commission’s Rules, including any agreements, whether oral or written, that could affect the Applicant’s eligibility for designated entity benefits, including but not limited to partnership agreements, shareholder agreements, management agreements, spectrum leasing agreements, spectrum use agreements, spectrum resale (including wholesale) arrangements, and all agreements or arrangements establishing de facto and/or de jure control of the Applicant or of the subject licenses.


Item 3c Enter ‘Y’ if the Applicant (Lessee/Sublessee/Transferee) is a disclosable interest holder (DIH) that holds a ten percent or greater interest of any kind in the Licensee and the Lease/Sublease is for more than 25% of the spectrum capacity of the subject license(s). Otherwise, enter ‘N’.


If the response to this item is ‘Y,’ and the subject license(s) was acquired using the small business bidding credit and the Applicant is either eligible for a lower percentage bidding credit or not eligible for a small business bidding credit, the Applicant must complete Items 7-35. Additionally, the Applicant must attach an exhibit indicating the percentage of spectrum capacity it has an agreement to use for each such license. Otherwise, enter ‘N’.


If the response to this item is ‘Y,’ and the subject license(s) was acquired using the Rural Service Provider (RSP) bidding credit and the Applicant is not eligible for a RSP bidding credit, it must provide in an exhibit the following information:


(a) For the Applicant and each of its Affiliates, the individual or entity’s name, its FCC Registration Number (FRN), and its combined number of commercial communications service subscribers to wireless, wireline, broadband, and cable services. For the Applicant and each of its Affiliates, also provide a list of the name(s) and the FIPS number(s) for each county in which it has at least one commercial wireless, wireline, broadband, or cable subscriber; and

(b) For the Applicant, indicate the percentage of spectrum capacity it has an agreement to use for each subject license.


Subscriber counts should be current as of the date of filing this application. The Applicant, and other reporting entities, should count a subscriber only once even if that subscriber receives more than one service from the Applicant or entity. For example, a subscriber receiving both wireline service and broadband from the Applicant would be counted as a single subscriber of the Applicant.


FIPS numbers are available from the US Census Bureau and identified by the Commission as needed (see, e.g., Appendix B of Wireless Telecommunications Bureau Provides Details about Partial Economic Areas, GN Docket No. 12-268, 29 FCC Rcd 6491, 6502 (2014)).


Note that payment of any required unjust enrichment must be provided to the Commission prior to grant/acceptance of the Application/Notification.



Closed Bidding Licenses

Items 4-6 require information from Licensees and Lessees/Sublessees/Transferees in those instances in which the Lease/Sublease involves spectrum associated with license(s) for which the Licensee obtained a closed bidding license. See 47 CFR §§ 1.2110-1.2112, 24.709 (rules pertaining to licensees that participate in the closed bidding program); §§ 1.9020(d)(4), 1.9030(d)(4) (rules pertaining to leasing involving licensees in the closed bidding program); and appropriate FCC competitive bidding rules and applicable service rules in Title 47 of the Code of Federal Regulations (47 CFR).


Items 4 Enter ‘Y’ if construction notifications have been submitted for each of the subject licenses. Otherwise, enter ‘N’. If the response to Item 4 is ‘Y’, Items 5 and 6 are not required to be completed. If the response to Item 4 is ‘N’, complete Item 5 or 6, as appropriate.


Closed Bidding Licenses (Spectrum Manager Leases/Subleases Only)

Item 5 This item must be completed for each Application/Notification for a Spectrum Manager Lease/Sublease in which the license(s) associated with the spectrum was obtained in the Commission’s closed bidding program. In general, for purposes of determining whether a licensee retains its eligibility for a license obtained in closed bidding, the gross revenues of the licensee, its “controlling interest(s),” and any “affiliate(s)” of the licensee or of any “controlling interest” are considered on a cumulative basis and aggregated. See 47 CFR §§ 1.2110(b), 1.2112(b), 24.709. A “controlling interest” includes any individual or entity with either de jure or de facto control of the licensee. See 47 CFR § 1.2110(c)(2). An “affiliate” includes any individual or entity holding an attributable interest in the licensee as set forth in Section 1.2110(c)(5). For purposes of determining whether the Licensee has retained the requisite degree of ownership and control over the leased spectrum in order to remain eligible for the license or for bidding credits, the de jure control standard in Section 1.2110 and the de facto control standard in Section 1.9010 will be applied (pursuant to the conditions set forth in Section 1.9020). See Updating Part 1 Competitive Bidding Rules, Report and Order; Order on Reconsideration of the First Report and Order; Third Order on Reconsideration of the Second Report and Order; Third Report and Order, 30 FCC Rcd 7493, 7510-11, paras. 35-39 (2015).


Item 5a Enter ‘Y’ if the Applicant (Lessee/Sublessee/Transferee) has a general partnership interest or has direct or indirect ownership interests of ten percent or greater in the Licensee. Otherwise, enter ‘N’.


Item 5b Enter ‘Y’ if the Applicant (Lessee/Sublessee/Transferee) is a “controlling interest holder” or “affiliate” of the current Licensee. Otherwise, enter ‘N’.


Item 5c Enter ‘Y’ if the Applicant (Lessee/Sublessee/Transferee) shares office space, equipment or other facilities with any party controlling the entity from which spectrum is being leased/subleased. Otherwise, enter ‘N’.


Item 5d Enter ‘Y’ if the Licensee can certify that the Lease/Sublease does not affect its continuing eligibility to retain closed bidding licenses. Enter ‘N’ if the Licensee cannot so certify.


Closed Bidding Licenses (Long-Term De Facto Transfer Leases/Subleases Only) Eligibility

Item 6 This item must be completed for each Application/Notification for a Long-Term De Facto Transfer Lease/Sublease. Check the appropriate response.


If the Lessee/Sublessee/Transferee meets the gross revenue and asset qualifications for closed bidding/entrepreneurial licenses, see Section 24.709(a) of the Commission’s Rules, it should so indicate by checking the first box. 47 CFR § 24.709(a). If the Lessee/Sublessee/Transferee does not meet the gross revenue and asset qualifications for closed bidding/entrepreneurial licenses, it should so indicate by checking the second box. If the Lessee/Sublessee/Transferee checks the second box, the Licensee/Lessee/Sublessee/Transferee will not be allowed to enter into a Lease/Sublease, unless the parties comply with one of the exemptions under Section 24.839(a) of the Commission’s Rules. 47 CFR § 24.839(a). See Secondary Markets First Report and Order, 18 FCC Rcd at 20666-67, para. 145. If the Lessee/Sublessee/Transferee qualifies for closed bidding/entrepreneurial licenses, it must complete Items 11-39.


Revenue and Asset Information for the Applicant

Item 7 If filing an Amendment application, check the block if modifying the Revenue and Asset Information from what was provided on the original filing. When modifying the data that was provided on the original filing, only enter the items that have changed. This item is not required to be completed on the original filing.



Gross Revenue Disclosure Most Recent Reportable Year

Item 8a Enter ‘Y’ if the Applicant and any predecessors-in-interest were in existence and had gross revenues for the most recent reportable year. If ‘Y’, complete items 8b and 8c. Enter ‘N’ if the Applicant and any predecessors-in-interest were not in existence for the most recent reportable year and explain why in an attachment.


One Year Prior to Most Recent Reportable Year

Item 9a Enter ‘Y’ if the Applicant and any predecessors-in-interest were in existence and had gross revenues for one year prior to the most recent reportable year. If ‘Y’, complete items 9b and 9c. Enter ‘N’ if the Applicant and any predecessors-in-interest were not in existence for one year prior to the most recent reportable year and explain why in an attachment.


Two Years Prior to Most Recent Reportable Year

Item 10a Enter ‘Y” if the Applicant and any predecessors-in-interest were in existence and had gross revenues for two years prior to the most recent reportable year. If ‘Y’, complete items 10b and 10c. Enter ‘N’ if the Applicant and any predecessors-in-interest were not in existence for two years prior to the most recent reportable year and explain why in an attachment.


Average Gross Revenue

Item 11 The Universal Licensing System will calculate the average gross revenue for the reported years in Items 8, 9 and 10.


Asset Disclosure

Item 12 Enter the total assets disclosed as of the application filing date.


Financial Statements

Item 13 Check if the Applicant used audited financial statements or unaudited financial statements prepared in accordance with Generally accepted Accounting Principles (GAAP) and certified by the Applicant’s chief financial officer or the equivalent.


Revenue and Asset Information for Each Disclosable Interest Holder (DIH)

Item 14 Select the proper block to Add, Modify, or Delete a Disclosable Interest Holder (DIH). If Adding, complete items 15 through 21. If Modifying, enter only the items changed. If Deleting, complete the Entity Name or the Individual Name and the FRN of the DIH. Modify and Delete are used for Amendments of previously filed application. If necessary, attach additional copies of this page to list more DIHs.


Disclosable Interest Holder

Item 15 Select the proper block for either Entity Name or Individual name of the Disclosable Interest Holder (DIH) and provide Entity Name or Individual name and the FCC Registration Number (FRN) of the DIH.


Gross Revenue Disclosure Most Recent Reportable Year

Item 16a Enter ‘Y’ if the Disclosable Interest Holder (DIH) and any predecessors-in-interest were in existence and had gross revenues for the most recent reportable year. If ‘Y’, complete items 16b and 16c. Enter ‘N’ if the DIH and any predecessors-in-interest were not in existence for the most recent reportable year and explain why in an attachment.


One Year Prior to Most Recent Reportable Year

Item 17a Enter ‘Y’ if the Disclosable Interest Holder (DIH) and any predecessors-in-interest were in existence and had gross revenues for one year prior to the most recent reportable year. If ‘Y’, complete items 17b and 17c. Enter ‘N’ if the DIH and any predecessors-in-interest were not in existence for one year prior to the most recent reportable year and explain why in an attachment.


Two Years Prior to Most Recent Reportable Year

Item 18a Enter ‘Y’ if the Disclosable Interest Holder (DIH) and any predecessors-in-interest were in existence and had gross revenues for two years prior to the most recent reportable year. If ‘Y’, complete items 18b and 18c. Enter ‘N’ if the DIH and any predecessors-in-interest were not in existence for two years prior to the most recent reportable year and explain why in an attachment.


Average Gross Revenue

Item 19 The Universal Licensing System will calculate the average gross revenue for the reported years provided in Items 16, 17, and 18.


Asset Disclosure

Item 20 Enter the total assets disclosed as of the application filing date.


Financial Statements

Item 21a Check if the Disclosable Interest Holder (DIH) used audited financial statements or unaudited financial statements prepared in accordance with Generally Accepted Accounting Principles (GAAP) and certified by the DIH’s chief financial officer or the equivalent.





Revenue and Asset Information for Each Affiliate

Item 22 Select the proper block to Add, Modify, or Delete an Affiliate. If Adding, complete items 23 through 39. If Modifying, enter only the items changed. If Deleting, complete the Entity Name or the Individual Name and the FRN of the Affiliate. Modify and Delete are used for Amendments of previously filed application. If necessary, attach additional copies of this page to list more Affiliates.


Affiliate

Item 23 Select the proper block for either Entity Name or Individual name of the Affiliate and provide Entity Name or Individual name and the FCC Registration Number (FRN) of the Affiliate.


Gross Revenue Disclosure Most Recent Reportable Year

Item 24a Enter ‘Y’ if the Affiliate and any predecessors-in-interest were in existence and had gross revenues for the most recent reportable year. If ‘Y’, complete items 24b and 24c. Enter ‘N’ if the Affiliate and any predecessors-in-interest were not in existence for the most recent reportable year and explain why in an attachment.


One Year Prior to Most Recent Reportable Year

Item 25a Enter ‘Y’ if the Affiliate and any predecessors-in-interest were in existence and had gross revenues for one year prior to the most recent reportable year. If ‘Y’, complete items 25b and 25c. Enter ‘N’ if the Affiliate and any predecessors-in-interest were not in existence for one year prior to the most recent reportable year and explain why in an attachment.


Two Years Prior to Most Recent Reportable Year

Item 26a Enter ‘Y’ if the Affiliate and any predecessors-in-interest were in existence and had gross revenues for two years prior to the most recent reportable year. If ‘Y’, complete items 26b and 26c. Enter ‘N’ if the Affiliate and any predecessors-in-interest were not in existence for two years prior to the most recent reportable year and explain why in an attachment.


Average Gross Revenue

Item 27 The Universal Licensing System will calculate the average gross revenue for the reported years provided in Items 24, 25 and 26.


Asset Disclosure

Item 28 Enter the total assets disclosed as of the application filing date.


Financial Statements

Item 29 Check if the Affiliate used audited financial statements or unaudited financial statements prepared in accordance with Generally Accepted Accounting Principles (GAAP) and certified by the Affiliate’s chief financial officer or the equivalent.


Closed Bidding /Small Business Bidding Credit Eligibility

Total Gross Revenues for Most Recent Reportable Year

Item 30 The Universal Licensing System will calculate the total gross revenue for the most recent reportable year and the year-end date.


Total Gross Revenues for One Year Prior to Most Recent Reportable Year

Item 31 The Universal Licensing System will calculate the total gross revenue for one year prior to most recent reportable year and the year-end date.

Total Gross Revenues for Two Years Prior to Most Recent Reportable Year

Item 32 The Universal Licensing System will calculate the total gross revenue for two years prior to most recent reportable year and the year-end date.


Total Aggregate Average Gross Revenues for Small Business Bidding Credit Designated Entity

Item 33 The Universal Licensing System will calculate the aggregate average gross revenue for the designated entity.


Total Aggregate Average Gross Revenues for Closed Bidding

Item 34 The Universal Licensing System will calculate the aggregate average gross revenue for the closed bidding.


Total Assets Disclosure

Item 35 The Universal Licensing System will calculate the total assets for the closed bidding.




Rural Service Provider Bidding Credit Eligibility

Item 36 If the Applicant (the Lessee/Sublessee/Transferee) is seeking a Rural Service Provider (RSP) bidding credit, provide in an exhibit the following information:


a) for the Applicant, submit the combined number of commercial communications service subscribers to wireless, wireline, broadband, and cable services that the Applicant serves and provide a list of the name(s) and the Federal Information Processing Standard (FIPS) number(s) for each county in which the Applicant has at least one commercial wireless, wireline, broadband, or cable subscriber;

b) for each of the Applicant's Affiliates, Controlling Interests, and the Affiliates of its Controlling Interests, submit the individual or entity’s name, its FCC Registration Number (FRN), its relationship to the Applicant, and its combined number of commercial communications service subscribers to wireless, wireline, broadband, and cable services. For each of the Applicant's Affiliates, Controlling Interests, and the Affiliates of its Controlling Interests, also provide a list of the name(s) and the FIPS number(s) for each county in which it has at least one commercial wireless, wireline, broadband, or cable subscriber;

c) if neither the Applicant, nor any of its Affiliates, its Controlling Interests, or the Affiliates of its Controlling Interests have at least one wireless, wireline, broadband, or cable subscriber in a market for which the Applicant is applying for a Lease/Sublease, list the market(s) in which the Applicant, its Affiliates, its Controlling Interests, and the Affiliates of its Controlling Interests have no such subscribers;

d) a detailed explanation demonstrating that: (i) the Applicant is in the business of providing commercial communications services; (ii) the Applicant serves predominantly rural areas; and (iii) the primary focus of the Applicant’s business activity is the provision of services to rural areas (defined as counties with a population density of 100 or fewer persons per square mile); and

e) if the Applicant is an existing rural partnership that was providing service as of July 16, 2015, provide a detailed explanation demonstrating that each member of the partnership is independently eligible for the RSP bidding credit by providing, with respect to each member of the partnership, the same information as is required in a-d above.


Subscriber counts should be current as of the date of filing this application. The Applicant, and other reporting entities, should count a subscriber only once even if that subscriber receives more than one service from the Applicant or entity. For example, a subscriber receiving both wireline service and broadband from the Applicant would be counted as a single subscriber of the Applicant.


FIPS numbers are available from the US Census Bureau and identified by the Commission as needed (see, e.g., Appendix B of Wireless Telecommunications Bureau Provides Details about Partial Economic Areas, GN Docket No. 12-268, 29 FCC Rcd 6491, 6502 (2014)).



FCC Form 608

Federal Communications Commission


Approved by OMB

Schedule A


3060 - 1058

See 608 Main Form Instructions for public burden estimate

Schedule for Licensees that Received Bidding Credits or

Involving Licenses Won in Closed Bidding

Designated Entity Information Bidding Credits

Shape39


Bidding Credits - (Spectrum Manager Leases Only)

2a) Does the Applicant have a general partnership interest or have a direct or indirect ownership interests of ten percent or greater in the Licensee?

(

) Yes

No

2b) Is the Applicant a “controlling interest holder” or “affiliate” of the current Licensee?


For purposes of determining whether the Licensee has retained the requisite degree of ownership and control over the leased spectrum in order to remain eligible for the license or for bidding credits, the de jure control standard in 47 CFR §1.2110 and the de facto control standard in 47 CFR § 1.9010 will be applied (pursuant to the conditions set forth in 47 CFR §1.9020).

(

) Yes

No

2c) Does the Applicant share office space, equipment, or other facilities with any party controlling the entity from which spectrum is being leased/subleased?

(

) Yes

No

2d) Is the Applicant a disclosable interest holder that holds a ten percent or greater interest of any kind in the Licensee and is the Lease/Sublease for more than 25% of the spectrum capacity of the subject license(s)?

(

) Yes

No

2e) Does the Licensee certify that the Lease/Sublease does not affect its continuing eligibility to retain bidding credit(s)?

(

) Yes

No


Bidding Credits (Long-Term De Facto Transfer Leases Only) Eligibility

3a) With respect to each of the subject licenses, the Applicant:


( ) qualifies for the same designated entity benefit as the current Licensee

( ) qualifies for a different designated entity benefit than the current Licensee

( ) does not qualify for any designated entity status

Shape40



3b) If the Applicant states in Item 3a that it qualifies for the same designated entity benefit as the current Licensee or qualifies for a different designated entity status than the current Licensee, the Applicant qualifies for a (select one):

( ) small business bidding credit ( ___%)

( ) rural service provider bidding credit


3c) Is the Applicant a disclosable interest holder that holds a ten percent or greater interest of any kind in the Licensee and is the Lease/Sublease for more than 25% of the spectrum capacity of the subject license(s)?

(

) Yes

No







Closed Bidding Licenses

Shape41


Closed Bidding Licenses (Spectrum Manager Leases Only)

5a) Does the Applicant have a general partnership interest or have a direct or indirect ownership interest of ten percent or greater in the Licensee?

(

) Yes

No

5b) Is the Applicant a “controlling interest holder” or “affiliate” of the current Licensee?

(

) Yes

No

5c) Does the Applicant share office space, equipment or other facilities with any party controlling the entity from which spectrum is being leased?

(

) Yes

No

5d) Does the Licensee certify that the Lease/Sublease does not affect its continuing eligibility to retain closed bidding licenses?

(

) Yes

No


Closed Bidding Licenses (Long-Term De Facto Transfer Leases Only) Eligibility

6) With respect to each of the subject licenses, the Applicant:

( ) a) qualifies for closed bidding


( ) b) does not qualify for closed bidding

Shape42



7) Revenue and Asset Information for the Applicant

Purpose (Check Modify if filing an Amendment application and changing the Revenue and Asset Information from what was provided on the original filing)

Modify

Shape43


Gross Revenue Disclosure Most Recent Reportable Year


8a) Were the Applicant and any predecessors-in-interest in existence for a full year of the relevant period?

If ‘N’, explain why in an attachment.


( ) Yes No


If ‘Y’, provide the following information.


8b) Gross Revenues $ (Format: 99,999.99)


8c) Year-end Date: (Date Format: MM/DD/YYYY)


One Year Prior to Most Recent Reportable Year

9a) Were the Applicant and any predecessors-in-interest in existence for a full year of the relevant period?

If ‘N’, explain why in an attachment.


( ) Yes No

If ‘Y’, provide the following information.


9b) Gross Revenues $ (Format: 99,999.99)


9c) Year-end Date: (Date Format: MM/DD/YYYY)


Two Years Prior to Most Recent Reportable Year


10a) Were the Applicant and any predecessors-in-interest in existence for a full year of the relevant period?

If ‘N’, explain why in an attachment.


( ) Yes No


If ‘Y’, provide the following information.


10b) Gross Revenues $ (Format: 99,999.99)


10c) Year-end Date: (Date Format: MM/DD/YYYY)


Average Gross Revenue



11) Average Gross Revenue of Reported Years: $ (Format: 99,999.99)

Shape44


Asset Disclosure



12) Total Assets as of Application Filing Date: $

Shape45


Financial Statements



  1. Audited or Unaudited (Check One)

The Applicant used audited financial statements.

The Applicant used unaudited financial statements prepared in accordance with Generally Accepted Accounting Principles (GAAP) and certified by the Applicant’s chief financial officer or the equivalent.

Shape46

Revenue and Asset Information for Disclosable Interest Holder (DIH) (including each of Applicant’s Controlling Interests and Affiliates of Its Controlling Interests)

14) Purpose (Select One)

Add Modify Delete

Shape48


15) Disclosable Interest Holder

Shape50

Entity Name:

FCC Registration Number (FRN):

Shape51

Individual Name: First

MI

Last

Suffix

FCC Registration Number (FRN):


Gross Revenue Disclosure Most Recent Reportable Year

16a) Were the Disclosable Interest Holder (DIH) and any predecessors-in-interest in existence for a full year of the relevant period?

If ‘N’, explain why in an attachment.

( ) Yes No

If ‘Y’, provide the following information.


16b) Gross Revenues $ (Format: 99,999.99)


16c) Year-end Date: (Date Format: MM/DD/YYYY)


One Year Prior to Most Recent Reportable Year

17a) Were the Disclosable Interest Holder (DIH) and any predecessors-in-interest in existence for a full year of the relevant period?

If ‘N’, explain why in an attachment.

( ) Yes No

If ‘Y’, provide the following information.


17b) Gross Revenues $ (Format: 99,999.99)


17c) Year-end Date: (Date Format: MM/DD/YYYY)


Two Years Prior to Most Recent Reportable Year

18a) Were the Disclosable Interest Holder (DIH) and any predecessors-in-interest in existence for a full year of the relevant period?

If ‘N’, explain why in an attachment.

( ) Yes No

If ‘Y’, provide the following information.


18b) Gross Revenues $ (Format: 99,999.99)


18c) Year-end Date: (Date Format: MM/DD/YYYY)


Average Gross Revenue



19) Average Gross Revenue for Reported Years: $ (Format: 99,999.99)

Shape52


Asset Disclosure



20) Total Assets as of Application Filing Date: $ (Format: 99,999.99)

Shape53


Financial Statements



  1. Audited or Unaudited (Check One)

The Disclosable Interest Holder (DIH) used audited financial statements.

The Disclosable Interest Holder (DIH) used unaudited financial statements prepared in accordance with Generally Accepted Accounting Principles (GAAP) and certified by the DIH’s chief financial officer or the equivalent.

Shape54


Revenue and Asset Information for Affiliate

22) Purpose (Select One)

Add Modify Delete

Shape55


23) Affiliate

Entity Name:

FCC Registration Number (FRN):

Individual Name: First

MI

Last

Suffix

FCC Registration Number (FRN):


Gross Revenue Disclosure Most Recent Reportable Year

24a) Were the Affiliate and any predecessors-in-interest in existence for a full year of the relevant period?

If ‘N’, explain why in an attachment.

( ) Yes No

If ‘Y’, provide the following information.


24b) Gross Revenues $ (Format: 99,999.99)


24c) Year-end Date: (Date Format: MM/DD/YYYY)


One Year Prior to Most Recent Reportable Year

25a) Were the Affiliate and any predecessors-in-interest in existence for a full year of the relevant period?

If ‘N’, explain why in an attachment.

( ) Yes No

If ‘Y’, provide the following information.


25b) Gross Revenues $ (Format: 99,999.99)


25c) Year-end Date: (Date Format: MM/DD/YYYY)


Two Years Prior to Most Recent Reportable Year

26a) Were the Affiliate and any predecessors-in-interest in existence for a full year of the relevant period?

If ‘N’, explain why in an attachment.

( ) Yes No

If ‘Y’, provide the following information.


26b) Gross Revenues $ (Format: 99,999.99)


26c) Year-end Date: (Date Format: MM/DD/YYYY)


Average Gross Revenue



27) Average Gross Revenue for Reported Years: $ (Format: 99,999.99)

Shape56


Asset Disclosure



28) Total Assets as of Application Filing Date: $ (Format: 99,999.99)

Shape57


Financial Statements



29) Audited or Unaudited (Check One)

The Affiliate used audited financial statements.

The Affiliate used unaudited financial statements prepared in accordance with Generally Accepted Accounting Principles (GAAP) and certified by the Affiliate’s chief financial officer or the equivalent.

Shape58



Closed Bidding/Designated Entity Eligibility


Total Gross Revenues for Most Recent Reportable Year

Shape59


Total Gross Revenues for One Year Prior to Most Recent Reportable Year

Shape60


Total Gross Revenues for Two Years Prior to Most Recent Reportable Year

Shape61


Total Aggregate Average Gross Revenues for Designated Entity



33) Aggregate Average Gross Revenue: $ (Format: 99,999.99)

Shape62


Total Aggregate Average Gross Revenues for Closed Bidding



34) Aggregate Average Gross Revenue: $ (Format: 99,999.99)

Shape63


Total Assets Disclosure for Closed Bidding



35) Total Assets: $ (Format: 99,999.99)

Shape64


Rural Service Provider Bidding Credit

36) Is the Applicant seeking a Rural Service Provider (RSP) bidding credit?

( ) Yes No

If the Applicant (the Lessee/Sublessee/Transferee) is seeking a rural service provider (RSP) bidding credit, provide in an exhibit the following information requested in a-d.


a) for the Applicant, submit the combined number of commercial communications service subscribers to wireless, wireline, broadband, and cable services that the Applicant serves and provide a list of the name(s) and the Federal Information Processing Standard (FIPS) number(s) for each county in which the Applicant has at least one commercial wireless, wireline, broadband, or cable subscriber;

b) for each of the Applicant's Affiliates, Controlling Interests, and the Affiliates of its Controlling Interests, submit the individual or entity’s name, its FCC Registration Number (FRN), its relationship to the Applicant, and its combined number of commercial communications service subscribers to wireless, wireline, broadband, and cable services. For each of the Applicant's Affiliates, Controlling Interests, and the Affiliates of its Controlling Interests, also provide a list of the name(s) and the FIPS number(s) for each county in which it has at least one commercial wireless, wireline, broadband, or cable subscriber;

c) if neither the Applicant, nor any of its Affiliates, its Controlling Interests, or the Affiliates of its Controlling Interests have at least one wireless, wireline, broadband, or cable subscriber in a market for which the Applicant is applying for a license, list the market(s) in which the Applicant, its Affiliates, its Controlling Interests, and the Affiliates of its Controlling Interests have no such subscribers;

d) a detailed explanation demonstrating that: (i) the Applicant is in the business of providing commercial communications services; (ii) the Applicant serves predominantly rural areas; and (iii) the primary focus of the Applicant’s business activity is the provision of services to rural areas (defined as counties with a population density of 100 or fewer persons per square mile); and

e) If the Applicant is an existing rural partnership that was providing service as of July 16, 2015, provide a detailed explanation demonstrating that each member of the partnership is independently eligible for the RSP bidding credit by providing, with respect to each member of the partnership, the same information as is required in a-d above.






















FCC Form 608

FEDERAL COMMUNICATIONS COMMISSI

ON Approved by OMB

Schedule B


3060-1058

See 608 Main Form Instructions


Information and Instructions

for public burden estimate


Instructions for Schedule for New Lease or New Sublease FCC Form 608, Schedule B


Schedule B is a supplementary schedule that is used to provide information regarding New Leases or New Subleases. A single Schedule B is used for all of the Call Sign(s) or Lease Identifier(s) listed on the Main Form. 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 on page 8 of the Main Form Instructions.


Term of Lease (For New Leases Only)

Item 1 For all new leases, indicate whether the lease is Long-Term or Short-Term. The cumulative lease period for a Short-Term Lease cannot exceed 365 days from the original commencement date.


Item 2 If a Long-Term De Facto Transfer Lease, enter ‘Y’ if the licensee and lessee have entered into any Short-Term De Facto Transfer Lease(s) with regard to any spectrum covered by the license(s) that are part of this filing, or within the same geographic area(s) of the license(s) that are part of this filing. Otherwise, enter ‘N’.


Leased Spectrum (For Geographically-Licenses Services) (For New Leases Only)

Item 3a Enter ‘Y’ if this filing involves geographic area license(s) where only a portion of the licensed spectrum and/or only a portion of the licensed geographic area will be leased. Enter ‘N’ if this filing involves geographic area license(s) where all of the licensed spectrum and all of the licensed geographic area will be leased.


Item 3b If the response to 3a is ‘Y’, enter ‘Y’ in item 3b if the lease involves one or more individual point-to-point microwave links that will be leased. Otherwise, enter ‘N’.


If the response to 3b is ‘Y’, Schedule H must be completed. If the response to 3b is ‘N’, Schedule F and, if applicable, Schedule G must be completed.


Leased Spectrum (For Site-Based Services) (For New Subleases Only)

Item 3c Enter ‘Y’ if this filing involves site-based license(s) where only a portion of the licensed locations, paths, and/or frequencies will be leased. Enter ‘N’ if this filing involves site-based license(s) where all of the licensed locations, paths, and/or frequencies will be leased.


If the response to 3c is ‘N’, only complete Item 178 (Call Sign) and Item 179 (Radio Service Code) on the Main Form.

If the response to 3c is ‘Y’, in addition to Item 178 (Call Sign) and Item 179 (Radio Service Code), complete Items 180-184 (Location Number, Path Number, Frequency Number, Lower Frequency and/or Upper Frequency), as appropriate, on the Main Form.


Type and Term of Sublease (For New Subleases Only)

Item 4a If the existing Lease is a Long-Term De Facto Transfer Lease, indicate whether the sublease is a De Facto

Transfer Sublease or a Spectrum Manager Sublease.


Item 4b Indicate in Item 4b whether the sublease is Long-Term or Short-Term. The cumulative lease period for Short-Term cannot exceed 365 days from the original commencement date.


Item 5 If the existing lease is a Long-Term Spectrum Manager Lease, indicate whether the spectrum manager sublease is Long-Term or Short-Term. The cumulative lease period for Short-Term cannot exceed 365 days from the original commencement date.


Certifications

By signing the Main Form, FCC Form 608, the Licensee, Lessee, and Sublessee certify that the applicable statements listed in this schedule are true, complete, correct, and made in good faith.





FCC Form 608

Federal Communications Commission


Approved by OMB

Schedule B


3060 - 1058

See 608 Main Form Instructions for public burden estimate

Schedule for New Lease or New Sublease


Term of Lease [For New Leases Only]

1) Indicate whether the Lease is:


( ) Short-Term or ( ) Long-Term


* The cumulative lease period for a Short-Term Lease cannot exceed 365 days from the original commencement date.

2) If this filing is for a Long-Term De Facto Transfer Lease, have the Licensee and Lessee entered into any Short-Term De Facto Transfer Lease(s) with regard to any spectrum covered by the License(s) that are part of this filing, or within the same geographic area(s) of the License(s) that are part of this filing?


(


) Yes


No


Leased Spectrum (For Geographically-Licensed Services) [For New Leases Only]

3a) Does this filing involve geographic-area licenses where only a portion of the licensed spectrum and/or the licensed

geographic area will be leased?


(


) Yes


No

3b) If the answer to 3a is ‘Y’, does this filing involve one or more individual point-to-point microwave links that will be

leased?


If the response to 3b is ‘Y’, complete Schedule H.

If the response to 3b is ‘N’, complete Schedule F and, if applicable, Schedule G.


(


) Yes


No


Leased Spectrum (For Site-Based Services) [For New Leases Only]

Shape66


Type and Term of Sublease [For New Subleases Only]

4a) If the existing Lease is a Long-Term De Facto Transfer Lease, are the Lessee and Sublessee entering into a Spectrum Manager Sublease or a De Facto Transfer Sublease?


( ) Spectrum Manager Sublease or ( ) De Facto Transfer Sublease

4b) Indicate whether the Sublease is: ( ) Short-Term or ( ) Long-Term

5) If the existing Lease is a Long-Term Spectrum Manager Lease, indicate whether the Spectrum Manager Sublease is:


( ) Short-Term or ( ) Long-Term











FCC Form 608

FEDERAL COMMUNICATIONS COMMISSI

ON Approved by OMB

Schedule C


3060-1058

See 608 Main Form Instructions


Information and Instructions

for public burden estimate


Instructions for 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


FCC Form 608, Schedule C


Schedule C is a supplementary schedule that is used to provide information regarding a Modification of a Geographically Licensed Lease or Sublease to add, modify or delete technical location information for locations that require International Coordination, an Environmental Assessment, or are located in a Quiet Zone. 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 on page 8 of the Main Form Instructions.



Location Detail

Item 1 This item must be completed. It indicates the action that the applicant wants the FCC to take with respect to the specified location. Enter ‘A’ for add, ‘M’ for Modify, or ‘D’ for Delete.


Item 2 This item must be completed. If the location has been previously licensed by the FCC under this lease or sublease, enter its FCC-assigned location number. For a new location, assign a temporary code to represent the location. This temporary code should begin with ‘L’ to indicate it is a location and end with a number to uniquely identify it (e.g., L1, L2, L3, etc.). The FCC will assign an official number to the new location.


Items 3 and 4 This item must be completed. Enter the geographic coordinates (latitude and longitude) of the location.


Enter the latitude using the format DD-MM-SS, where the degrees (DD) term can have a value in the range of 0 to 72, minutes (MM) can range from 0 to 59, and seconds (SS) can range from 0 to 59.9. If desired, seconds can be rounded to the nearest tenth of a second (in which case, use the format DD-MM-SS.S). In the right corner, specify the direction as either N for North or S for South.


Enter the longitude using the format DDD-MM-SS, where the degrees (DDD) term can have a value in the range of 64 to 180, minutes (MM) can range from 0 to 59, and seconds (SS) can range from 0 to 59.9. If desired, seconds can be rounded to the nearest tenth of a second (in which case, use the format DDD-MM-SS.S). In the right corner, specify the direction as either E for East or W for West.


All coordinates must be referenced to the North American Datum of 1983 (NAD83). This information can be determined in many ways, including a GPS receiver, a 7.5-minute topographical guadrangle map of the area, or you may consult the city or county/borough/parish or equivalent entity surveyor in your area. Topographical maps may be purchased from the U.S. Geological Survey, Washington, DC 20242 or from its office in Denver, Colorado 80225.


Note: Location coordinates (latitude and longitude) for sites in the Continental United States, Puerto Rico, the U.S. Virgin Islands, Alaska, Hawaii, American Samoa, and Guam must be referenced to the North American Datum of 1983 (NAD83). Coordinates for sites in the Northern Mariana Islands, Wake Island, and Midway Island should be referenced to the applicable local datum. If the source from which you obtain the coordinates still utilizes an older datum (i.e., NAD27, PRD40) you must convert to NAD83. Conversion routines are available through the internet at http://wireless.fcc.gov/uls/utilities/nadcon.html.


Item 5 Enter the city or town name for the location in this item.


Item 6 Enter the State of the location in this item. Refer to FCC Form 608 Main Form Instructions, Appendix I, for a list of valid state, jurisdiction, and area codes.


Item 7 Enter the County/Borough/Parish or equivalent entity for the location unless any of the following pertain to the location:


    1. The City entered in Item 6 is an Independent City that is not affiliated with a County/Borough/Parish (e.g., Baltimore,

MD), or

    1. The State code entered in Item 7 is GM, Gulf of Mexico



Coordination and Environmental Impact

International Coordination

Item 8 This item must be completed. Enter ‘Y’ if you propose to operate in a Canadian border area. Otherwise, enter ‘N’.


Item 9 This item must be completed. Enter ‘Y’ if you propose to operate in a Mexican border area. Otherwise, enter ‘N’.

National Environmental Policy Act (NEPA)

Item 10 This item must be completed. This item is required for compliance with the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321-4335. See also Part 1, Subpart I of the FCC rules (47 CFR 1.1301 - 1.1319). Enter Yes if an FCC grant of this application will have a significant environmental effect. Section 1.1307 of the FCC rules lists categories of environmental effects for which the applicants must file an environment assessment. Otherwise, enter ‘N’.


Examples of facilities that may have a significant effect on the environment include:


  • An antenna structure located in a residential area (as defined by applicable zoning laws) that will utilize high intensity aviation obstruction lighting

  • A facility located in an officially designated wilderness area, wildlife preserve, or floodplain

  • A facility that affects a site significant in American history

  • A facility whose construction involves extensive changes in surface features

  • Facilities, operations, or transmitters that would cause human exposure to levels of radio frequency radiation in excess of the limits as detailed in § 1.1310 of the Commission's Rules


Quiet Zone

Item 11a Applicants filing for a new or modified location located in one of the Quiet Zone areas listed below in Item 11b must notify the proper authority and indicate the date such notification was sent in Item 12a. See Part 1, Subpart F of the FCC Rules (47 CFR 1.924)


Item 11b If the applicant has obtained prior written consent from the Quiet Zone entity for the location specified in the application, enter “Y” and include a copy of the consent as a Quiet Zone consent attachment. If prior written consent has not been obtained, enter “N”.


Quiet Zone areas:


      1. National Radio Astronomy Observatory, Green Bank, Pocohontas County, West Virginia. The quiet zone is located within Virginia, West Virginia, and Garrett County, Maryland and bounded by N 39 degrees 15’ 0.4” on the north, W 78 degrees 29’ 59.0” on the east, N 37 degrees 30’ 0.4” on the south, and W 80 degrees 29’ 59.2” on the west. Contact the Director, National Radio Astronomy Observatory, P.O. Box 2, Green Bank, WV 24944.


      1. Arecibo Observatory, Puerto Rico. The quiet zone consists of the Puerto Rico, Desecheo, Mona, Vieques, and Culebra islands. Contact the Interference Office, Arecibo Observatory, Post Office Box 53995, Arecibo, Puerto Rico 00612, or electronically at prcz@naic.edu.



Certifications

By signing the Main Form, FCC Form 608, the Licensee, Lessee and Sublessee certify that the applicable statements listed in this schedule are true, complete, correct, and made in good faith.



FCC Form 608

Federal Communications Commission


Approved by OMB

Schedule C


3060 - 1058

See 608 Main Form Instructions for public burden estimate

Schedule for Modification of a Geographically Licensed Lease or Sublease To Add, Modify or Delete Technical Location Information

Shape69

1) Action Requested: ( )

Add Modify



Delete

2) Location Number:

3) Latitude (DD-MM-SS.S):

NAD 83

( ) N or S

4) Longitude (DDD-MM-SS.S):

NAD 83

( ) E or W

5) City:

6) State:

7) County/Borough/Parish:


for International Coordination, Environmental Assessment, or Quiet Zone Location Location Detail












Coordination and Environmental Impact

International Coordination

8) Do you propose to operate in an area that requires frequency coordination with Canada?

(

) Yes

No

9) Do you propose to operate in an area that requires frequency coordination with Mexico?

(

) Yes

No


National Environmental Policy Act (NEPA)

10) Would a Commission grant of authorization for this location be an action that may have a significant environmental effect? See 47 CFR § 1.1307.


If the response to Item 11 is ‘Y’, attach as an exhibit an environmental assessment as required by Sections 1.1308 and 1.1311 of the Commission’s Rules.


( ) Yes No


Quiet Zone

Shape71








Instructions for Schedule for Transfer of Control of a Lessee or a Sublessee FCC Form 608, Schedule D

Schedule D is a supplementary schedule that is used to provide information regarding the Transfer of Control of a Lessee/Sublessee.

A single Schedule D is used for all of the Lease Identifier(s) listed on the Main Form. 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 on page 8 of the Main Form Instructions.


Transaction Information

Transaction Occurrence

Item 1a Enter ‘Y’ if the Transfer of Control has already occurred. Otherwise, enter ‘N’.


If the response to Item 1a is ‘Y’, the response to Item 2 is Voluntary, and the response to Item 3 or Item 4 is ‘N’, attach an exhibit explaining the circumstances.


Item 1b If the response to Item 1a is ‘Y’, provide the date the transaction occurred (MM/DD/YYYY).


Voluntary or Involuntary (Select Only One)

Item 2 Indicate whether the Transfer of Control is Voluntary or Involuntary as defined in 47 CFR Part 1 or the applicable service rules.


Pro Forma

Item 3 Enter ‘Y’ if this Application/Notification is a pro forma Transfer of Control of a Lessee/Sublessee. Otherwise, enter ‘N’. If the response to Item 3 is ‘Y’, also complete Item 4.


A pro forma transfer of control of a Lessee or Sublessee is one in which the actual controlling party of the Lessee or Sublessee does not change. For example, a corporate restructuring that changes the chain of ownership to the controlling corporation may give rise to a pro forma transfer of control of a Lessee or Sublessee.


Forbearance Notification

Item 4 If the response to Item 3 is ‘Y’, enter ‘Y’ in Item 4 if this Application/Notification is a post-consummation notification that is being filed under the Commission’s forbearance procedures pursuant to Section 1.948(c)(1) of the Commission’s Rules. Otherwise, enter ‘N’.


For additional information, see Federal Communications Bar Association's Petition for Forbearance from Section 310(d) of the Communications Act Regarding Transfers of Control Involving Telecommunications Carriers Licensed by the Wireless Telecommunications Bureau, Memorandum Opinion and Order, 13 FCC Rcd 6293. This question should be answered only where the transfer is a pro forma Transfer of Control of a Lessee or Sublessee that does not require prior Commission consent.


Type of Transfer

Item 5 This item indicates how the transfer of control of a lessee/sublessee will be or has been accomplished. Select one of the following: Sale or other assignment of assets; Court Order; Reorganization or Liquidation; Transfer of Stock or Other Ownership Interests; or Other (Voting Trust Agreement, Management Contract, etc.).


If Other is selected, the transferor must attach an exhibit to explain how the transfer is to be accomplished, along with copies of any pertinent contracts, agreements, instruments, certified copies of Court Orders, etc.


Certifications

By signing the Main Form, FCC Form 608, the Licensee, Lessee, Sublessee, Transferor, and Transferee certify that the applicable statements listed in this schedule are true, complete, correct, and made in good faith.






FCC Form 608

Federal Communications Commission


Approved by OMB

Schedule D


3060 - 1058

See 608 Main Form Instructions for public burden estimate

Schedule for Transfer of Control of a Lessee or a Sublessee


Transaction Information

Transaction Occurrence

1a) Has this Transfer of Control already occurred?

( ) Yes No

1b) If the response to Item 1a is ‘Y’, provide the date the transaction occurred (MM/DD/YYYY):


/ _/


Voluntary or Involuntary (Select Only One)

  1. The Transfer of Control is: ( ) Voluntary

( ) Involuntary


Pro Forma

  1. Is this application a pro forma Transfer of Control? ( ) Yes No



Forbearance Notification

  1. If pro forma, is this a post-consummation notification that is being filed under the

Commission’s forbearance procedures pursuant to Section 1.948(c)(1) of the Commission’s Rules?


( ) Yes No

Type of Transfer



Shape73







FCC Form 608

FEDERAL COMMUNICATIONS COMMISSI

ON Approved by OMB

Schedule E


3060-1058

See 608 Main Form Instructions


Information and Instructions

for public burden estimate



Instructions for 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


FCC Form 608, Schedule E

Schedule E is a supplementary schedule that is used to provide information regarding a New Lease, New Sublease, a Revision to Extend the Term of an Existing Lease or Sublease, or a Revision to Cancel an Existing Lease or Sublease. A single Schedule E is used to list all of the Call Signs or Lease Identifier(s) shown in Item 182 of the Main Form. 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 on page 8 of the Main Form Instructions.


License Authorizations/Lease Identifiers/Sublease Identifiers (Complete as many Schedule E’s as necessary) Item 1 Enter each Call Sign, Lease Identifier, or Sublease Identifier shown in Item 182 of the Main Form.

Item 2 Enter the Radio Service Code for each Call Sign, Lease Identifier, or Sublease Identifier entered in Item 1.


Item 3 If the filing is for a New Lease or New Sublease, enter in item 3 the commencement date (MM/DD/YYYY) of the Lease or Sublease for each Call Sign, Lease Identifier, or Sublease Identifier entered in Item 1.


If you want the FCC Grant Date to be the commencement date, check the box and do not provide the date.


If the commencement date(s) provided in the filing are prior to the date that the FCC affirmatively grants consent to a De Facto

Transfer Lease, the commencement date for the Lease/Sublease will be the date that the FCC affirmatively grants consent to the filing.


Item 4 If the filing is for a New Lease or New Sublease, enter the date (MM/DD/YYYY) the Lease or Sublease is due to expire for each Call Sign or Lease Identifier entered in Item 1.


Item 5 If the filing is for a Revision to Extend the Term of an Existing Lease or Sublease, enter the date (MM/DD/YYYY) the Lease or Sublease is due to expire for each Lease Identifier entered in Item 1.


Item 6 If the filing is for a Revision to Cancel an Existing Lease or Sublease, enter the date (MM/DD/YYYY) the Lease or Sublease cancelled for each Lease Identifier entered in Item 1. If the Lease or Sublease never commenced, check the box and do not provide the date.



Certifications

By signing the Main Form, FCC Form 608, the Licensee, Lessee, and Sublessee certify that the applicable statements listed in this schedule are true, complete, correct, and made in good faith.














FCC Form 608

Federal Communications Commission


Approved by OMB

Schedule E


3060 - 1058

See 608 Main Form Instructions for public burden estimate

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


License Authorizations/Lease Identifiers/Sublease Identifiers (Complete as many Schedule E’s as necessary)


1)

Call Sign(s) or Lease/Sublease Identifier(s)

2)

Radio Service Code

3)

Commencement Date


(MM/DD/YYYY) OR

Check box for FCC Grant Date

4) Expiration Date



(MM/DD/YYYY)

5) Revised Expiration Date


(MM/DD/YYYY)

6) Cancellation Date


(MM/DD/YYYY) OR

Check box if Lease/Sublease Never Commenced


























































































FCC Form 608

FEDERAL COMMUNICATIONS COMMISSIO

N Approved by OMB

Schedule F


3060-1058

See 608 Main Form Instructions


Information and Instructions

for public burden estimate



Instructions for Schedule for Defined Geographic Area To Be Leased (Geographically-Licensed Services)

FCC Form 608, Schedule F

Schedule F is a supplementary schedule used in conjunction with Schedule B for a New Lease when geographically licensed authorizations are involved in the Lease and only a portion of the licensed spectrum and/or only a portion of the licensed geographic area will be leased (the entire spectrum and the entire geographic area are not included in the Lease).


Call Sign

Item 1 Enter the Call Sign of the spectrum associated with the Lease.


Geographic Area of Spectrum To Be Included in Lease

Item 2 If the area to be leased is defined according to the FCC rules, enter its description under Item 2. To obtain a list and description of defined areas, refer to the FCC Public Notice for the auction. For information regarding electronic filings, please refer to DA 15-1250.


In some cases, more than one geographic area exists with the same name in the same state (e.g., an independent city with the same name as a county in the same state). To indicate these independent cities, you must enter its 5 digit FIPS code (2-digit state FIPS code + 3-digit county FIPS code). For example, in Virginia there is a Fairfax County and a Fairfax City. Fairfax City is an independent city and is not affiliated with Fairfax County. To indicate the city of Fairfax, you must enter its FIPS code, 51600, as shown in the table below. To indicate the county of Fairfax, you could enter its FIPS code or ‘Fairfax, VA.’ For a listing of FIPS codes, refer to http://www.census.gov/geo/reference/codes/cou.html.


Item 3 If the area to be leased is undefined, describe its periphery by completing the Undefined Geographic Area Schedule, FCC Form 608, Schedule G. Assign a unique number to each copy of Schedule G that is filed and enter that unique number in Item 3 of this Schedule F.


Item 4 Enter the population of the leased area.


Frequencies of Spectrum To Be Included in Lease (MHz)

Item 5 Authorized spectrum blocks can be leased by assigning one or more frequency blocks. To indicate a frequency, enter its lower value in MHz in the Lower Frequency field and enter its upper value in MHz in the Upper Frequency field. In this table, complete as many entries as you need to indicate the spectrum being leased.


Certifications

By signing the Main Form, FCC Form 608, the Licensee and Lessee certify that the applicable statements listed in this schedule are true, complete, correct, and made in good faith.



















FCC Form 608

Federal Communications Commission


Approved by OMB

Schedule F


3060 - 1058

See 608 Main Form Instructions for public burden estimate

Schedule for Defined Geographic Area To Be Leased (Geographically-Licensed Services)


Call Sign


1) Call Sign:


Geographic Area of Spectrum To Be Included in Lease

2)

Defined Area to be Leased

3)

Undefined Area to be Leased

(Complete Schedule G)

4)

Population of Leased Area



Schedule G # Attached:



5) Frequencies of Spectrum To Be Included in Lease (MHz)


Spectrum Leased


Spectrum Leased


Spectrum Leased


Lower Frequency


Upper Frequency


Lower Frequency


Upper Frequency


Lower Frequency


Upper Frequency























































FCC Form 608 FEDERAL COMMUNICATIONS COMMISSION Approved by OMB

Schedule G 3060-1058

See 608 Main Form Instructions for

public burden estimate

Information and Instructions



Instructions for Schedule for Leases that Involve an Undefined Geographic Area


FCC Form 608, Schedule G

This schedule must be completed and attached if the geographic area of spectrum to be leased is an undefined area, as specified by Item 3 on Schedule F. Complete and attach a copy of Schedule G for each Call Sign affected by the New Lease. If multiple undefined areas are requested, each undefined area must have a corresponding Schedule G.


Schedule for Leases that Involve an Undefined Geographic Area

This schedule further defines geographic areas that have not been defined by the FCC. It is used to enter the coordinates of locations that describe the periphery of a geographic area to be leased. Specifically, enter up to 300 pairs of latitude/longitude coordinates, one pair for every 3 degrees azimuth around the periphery. Coordinates of the specified locations must be referenced to the North American Datum of 1983 (NAD83).


Note: If the geographic area to be leased is a defined geographic shape, fewer than 120 coordinates can be provided, in which case the FCC will assume that these coordinate points are joined by straight lines. For example, a rectangle can be described by four coordinates, a hexagon by six coordinates, and so on.



Number: Enter the corresponding unique number from Item 3 of Schedule F that was assigned to this undefined area.


Latitude: In this column, enter the latitudes of locations using the format DD-MM-SS.S-D, where the degrees (DD) term can have a value in the range of 0 to 72, minutes (MM) can range from 0 to 59, seconds (SS.S) can range from 0 to 59.9, and the direction (D) term is either N for North or S for South.


Longitude: In this column, enter the corresponding longitudes of locations using the format DDD-MM-SS.S-D, where the degrees (DDD) term can have a value in the range of 64 to 180, minutes (MM) can range from 0 to 59, seconds (SS.S) can range from 0 to 59.9, and the direction (D) term is either E for East or W for West.


Certifications

By signing the Main Form, FCC Form 608, the Licensee and Lessee certify that the applicable statements listed in this schedule are true, complete, correct, and made in good faith.


















FCC Form 608 FEDERAL COMMUNICATIONS COMMISSION Approved by OMB

Schedule G 3060-1058

See 608 Main Form Instructions

Number: for public burden estimate

Schedule for Leases that Involve an Undefined Geographic Area


For each undefined geographic area, complete up to 300 Latitude/Longitude combinations for every 3 degrees azimuth, using NAD83 Datum.


Latitude (DD-MM-SS.S-D) Longitude (DDD-MM-SS.S-D) Latitude (DD-MM-SS.S-D) Longitude (DDD-MM-SS.S-D)

1.



31.



2.



32.



3.



33.



4.



34.



5.



35.



6.



36.



7.



37.



8.



38.



9.



39.



10.



40.



11.



41.



12.



42.



13.



43.



14.



44.



15.



45.



16.



46.



17.



47.



18.



48.



19.



49.



20.



50.



21.



51.



22.



52.



23.



53.



24.



54.



25.



55.



26.



56.



27.



57.



28.



58.



29.



59.



30.



60.











Number:


Latitude (DD-MM-SS.S-D) Longitude (DDD-MM-SS.S-D) Latitude (DD-MM-SS.S-D) Longitude (DDD-MM-SS.S-D)

61.



91.



62.



92.



63.



93.



64.



94.



65.



95.



66.



96.



67.



97.



68.



98.



69.



99.



70.



100.



71.



101.



72.



102.



73.



103.



74.



104.



75.



105.



76.



106.



77.



107.



78.



108.



79.



109.



80.



110.



81.



111.



82.



112.



83.



113.



84.



114.



85.



115.



86.



116.



87.



117.



88.



118.



89.



119.



90.



120.




















FCC Form 608

FEDERAL COMMUNICATIONS COMMISSI

ON Approved by OMB

Schedule H


3060-1058

See 608 Main Form Instructions


Information and Instructions

for public burden estimate


Instructions for Schedule for Point-to-Point Microwave Links To Be Leased In Geographically-Licensed Services


FCC Form 608, Schedule H


Schedule H is a supplementary schedule used in conjunction with Schedule B for geographically licensed microwave authorizations when the lease involves one or more individual point-to-point microwave links. If the lease involves a geographic area, then the applicant must use Schedule F.


Schedule for Point-to-Point Microwave Links To Be Leased In Geographically-Licensed Services

Item 1 Enter the Call Sign of the spectrum associated with the Lease.


Link #: Assign a unique number to each link.


Item 2a and 2b Enter the geographic coordinates (latitude/longitude) of the transmit location for each link referenced to NAD83.


Enter the latitude using the format DD-MM-SS.S, where the degrees (DD) term can have a value in the range of 0 to 72, minutes (MM) can range from 0 to 59, and seconds (SS) can range from 0 to 59.9.


Enter the longitude using the format DDD-MM-SS.S, where the degrees (DDD) term can have a value in the range of 64 to 180, minutes (MM) can range from 0 to 59, and seconds (SS) can range from 0 to 59.9.


Item 3a and 3b Enter the geographic coordinates (latitude/longitude) of the receive location for each link referenced to NAD83.


Enter the latitude using the format DD-MM-SS.S, where the degrees (DD) term can have a value in the range of 0 to 72, minutes (MM) can range from 0 to 59, and seconds (SS) can range from 0 to 59.9.


Enter the longitude using the format DDD-MM-SS.S, where the degrees (DDD) term can have a value in the range of 64 to 180, minutes (MM) can range from 0 to 59, and seconds (SS) can range from 0 to 59.9.


Item 4 and 5 Enter one frequency or one frequency band in MHz per line. Enter a specific frequency in Item 4. If applying for a frequency band, enter the low side of the band in Item 4 and the high side of the band in Item 5. To request multiple frequencies or frequency bands for the same link, enter the link multiple times.


Certifications

By signing the Main Form, FCC Form 608, the Licensee and Lessee certify that the applicable statements listed in this schedule are true, complete, correct, and made in good faith.






FCC Form 608

Federal Communications Commission


Approved by OMB

Schedule H


3060 - 1058

See 608 Main Form Instructions for public burden estimate

Schedule for Point-to-Point Microwave Links To Be Leased In Geographically-Licensed Services




1) Call Sign:

Shape83


Link

#

2a) Transmitter Latitude

(DD-MM-SS.S-D) (NAD83)

2b) Transmitter Longitude

(DDD-MM-SS.S-D) (NAD83)

3a) Receiver Latitude

(DD-MM-SS.S-D) (NAD83)

3b) Receiver Longitude

(DDD-MM-SS.S-D) (NAD83)

4) Lower Frequency

(MHz)

5) Upper Frequency

(MHz)














































































































































































































FCC Form 608

FEDERAL COMMUNICATIONS COMMISSI

ON Approved by OMB

Schedule I


3060-1058

See 608 Main Form Instructions


Information and Instructions

for public burden estimate


Instructions for 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

FCC Form 608, Schedule I

Schedule I is a supplementary schedule that is used to provide information regarding a Private Commons Arrangement. This includes information pertaining to (a) a new Private Commons arrangement, (b) a modification or revision of the terms and conditions, technical requirements and approved equipment, and/or types of communications uses allowed, (c) a revision to extend the term of an existing Private Commons arrangement, or (d) a revision to cancel an existing Private Commons arrangement. A single Schedule I is used for all of the Call Signs, Lease Identifier(s) or Private Commons Identifier(s) listed in Item 182 of the Main Form. 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 on page 8 of the Main Form Instructions.


Private Commons Information

A Private Commons arrangement is distinct from a spectrum leasing arrangement. 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 involve peer-to-peer communications and do not use 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. See generally Secondary Markets Second Report and Order, 19 FCC Rcd at 17549-53, paras. 91-99; 47 CFR § 1.9080. Pursuant to the Secondary Markets Second Report and Order, a Licensee, Lessee, or Sublessee that establishes a Private Commons Arrangement is required to provide notification to the Commission, prior to commencement of operations under such arrangement, and also must provide exhibits describing certain details (set forth below) about the nature of this arrangement. Only the Licensee, Lessee or Sublessee that exercises de facto control over the use of the spectrum associated with the Private Commons arrangement may establish such an arrangement. As manager of the Private Common arrangement, this Licensee, Lessee or Sublessee also must exercise certain responsibilities to ensure that the users comply with the technical and service rules applicable to the license authorization. See id.


If this notification involves a new Private Commons arrangement, or it involves a modification or revision of an existing Private Commons arrangement (i.e., a modification of the terms and conditions, technical requirements and approved equipment, and/or types of communications uses allowed under an existing Private Commons arrangement, request to extend the term or request to cancel an existing arrangement), the following questions must be answered and certain exhibits (described below) provided.


General Terms and Conditions

A Licensee, Lessee, or Sublessee establishing and managing a Private Commons arrangement must provide relevant information pertaining to the general terms and conditions of the arrangement with the class of third-party users that would be employing advanced communications technologies involving peer-to-peer devices. Attach an exhibit describing the general terms and conditions of this Private Commons arrangement, including a description of the conditions for spectrum access placed on users.


Technical Requirements and Approved Equipment

A Licensee, Lessee, or Sublessee establishing and managing a Private Commons arrangement is responsible for establishing the technical and operating terms and conditions of use of users of the Private Commons, including those relating to the types of communications devices that may be used within the Private Commons. Attach an exhibit describing these technical requirements and the equipment approved for use in the Private Commons.


Types of Communications Uses Allowed

A Licensee, Lessee, or Sublessee establishing and managing a Private Commons also is required to describe the types of communications uses that are to be allowed by third-party users in the Private Commons. Attach an exhibit describing these types of uses.


Item 1 Enter ’Y’ if the Licensee, Lessee, or Sublessee that will be managing the Private Commons arrangement designed the arrangement to provide access to spectrum by users employing peer-to-peer technologies that do not involve use of the License’s, Lessee’s or Sublessee’s end-to-end physical network infrastructure and are not intended to be used for the provision of network-based services to end-users. Otherwise enter ’N’.

If the response to Item 1 is ’Y’, attach the following exhibits: (1) an exhibit describing the general terms and conditions of the Private Commons arrangement, including a description of the conditions for spectrum access placed on users; (2) an exhibit describing 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; and (3) an exhibit describing the types of communications uses that are to be allowed by users in the Private Commons.


License Authorizations/Lease Identifiers/Private Commons Identifiers (Complete as many Schedule I’s as necessary)

Item 2 Enter each Call Sign, Lease Identifier, Sublease Identifier, or Private Commons Identifier shown in Item 182 of the Main Form.


Item 3 Enter the Radio Service Code for each Call Sign, Lease Identifier, Sublease Identifier, or Private Commons Identifier entered in Item 2.


Item 4 Indicate whether the Private Commons arrangement encompasses the entire geographic area covered by the licensed or leased spectrum listed in response to Item 2. If less than the entire geographic area, provide an exhibit with a complete description of the area(s) in which users under the Private Commons arrangement will be permitted to operate.


Item 5 If the filing is for either a New Private Commons Arrangement or Modification of an existing Private Commons arrangement, enter in item 5 the commencement date (MM/DD/YYYY) of this New or Modified Private Commons Arrangement for each Call Sign, Lease Identifier, Sublease Identifier, or Private Commons Identifier entered in Item 2.


Item 6 If the filing is for either a New Private Commons Arrangement or Modification of an existing Private Commons arrangement, enter the date (MM/DD/YYYY) the New or Modified Private Commons arrangement is due to expire for each Call Sign, Lease Identifier, Sublease Identifier, or Private Commons Identifier entered in Item 2.


Item 7 If the filing is for a revision to extend the term of an existing Private Commons arrangement, enter the revised date (MM/DD/YYYY) the Private Commons arrangement is now due to expire for each Lease Identifier, Sublease Identifier or Private Commons Identifier entered in Item 2.


Item 8 If the filing is for a revision to cancel an existing Private Commons arrangement, enter the date (MM/DD/YYYY) the Private Commons arrangement will be terminated for each Lease Identifier, Sublease Identifier, or Private Commons Identifier entered in Item 2. If the Private Commons Arrangement never commenced, check the box and do not provide the date.


Certifications

By signing the Main Form, FCC Form 608, the Licensee, Lessee and Sublessee, certify that the applicable statements listed in this schedule are true, complete, correct, and made in good faith.




















FCC Form 608 Federal Communications Commission Approved by OMB

Schedule I 3060 - 1058

See 608 Main Form

Instructions for public burden estimate

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



Shape86


License Authorizations/Lease/Sublease Identifiers/Private Commons Identifiers (Complete as many Schedule I’s as necessary)

2)


Call Sign(s) or Lease/Sublease/ Private Commons Identifier(s)

3)


Radio Service Code

4)


Area(s) Covered by Under Private Commons Arrangement

5)


Commencement Date


(MM/DD/YYYY)

6)


Expiration Date (MM/DD/YYYY)

7)


Revised Expiration Date


(MM/DD/YYYY)

8)


Cancellation Date


(MM/DD/YYYY)

OR Check box if

Private Commons Arrangement Never Commenced



( ) Same as item 2

( ) Less than Item 2

(if Less, provide exhibit)





D



( ) Same as item 2

( ) Less than Item 2

(if Less, provide exhibit)





D



( ) Same as item 2

( ) Less than Item 2

(if Less, provide exhibit)





D



( ) Same as item 2

( ) Less than Item 2

(if Less, provide exhibit)





D



( ) Same as item 2

( ) Less than Item 2

(if Less, provide exhibit)





D



( ) Same as item 2

( ) Less than Item 2

(if Less, provide exhibit)





D



( ) Same as item 2

( ) Less than Item 2

(if Less, provide exhibit)





D



( ) Same as item 2

( ) Less than Item 2

(if Less, provide exhibit)





D



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Authorjessica.hynosky
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File Created2021-01-22

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