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FCC 235
ISP-PDR
FEDERAL COMMUNICATIONS COMMISSION
FCC Form for Section 310(b) Petition for Declaratory Ruling
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Approved by OMB
3060-1163
Estimated Time Per Response: 49-120 Hours
Edition Date: August 2024
Review to Submit
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Petitioner Information
1. Applicant Information
FRN
Name
Attention
Doing Business As (DBA)
Title
Street Address
Phone
Street Address 2
Fax
City
Email
State
Petitioner/Licensee Legal Entity Type
-- None --
Zip Code/Postal Code
Country
2. Contact Information
Check here if same as Applicant
FRN
Name
Attention
Doing Business As (DBA)
Title
Street Address
Phone
Street Address 2
Fax
City
Email
Contact State
Relationship
-- None --
Zip Code/Postal Code
Country
Petition Information
3. Brief Petition Description
4. Does the Petitioner have a current declaratory ruling to permit foreign investment above the benchmarks in section 310(b) of the Act?
Yes
No
4.a. ICFS File No(s)
4.b. Is the Petitioner in compliance with the current ruling?
Yes
No
5. FCC Authorizations and Applications Associated with Petition, if any. Refer to section §1.5001 (c)(2)(i) of the Commission’s rules.
5.a. Does the Petitioner currently hold or control a: (1) common carrier wireless license or spectrum lease; or (2) common carrier earth or space station license?
Yes
No
If yes, enter below the ICFS File No(s) and/or ULS File No(s).
5.a.1. ICFS File No(s):
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5.a.2. ULS File No(s):
5.b. Related Common Carrier Filings. Are there other contemporaneous or pending filings that are associated with the Petition, such as applications to acquire a common carrier wireless license and/or spectrum lease; and/or a common carrier earth station license and/or space
station license?
Yes
No
If yes, enter below the ICFS File No(s), ULS File No(s), and/or Docket No(s)., if known.
5.b.1. ICFS File No(s):
5.b.2. ULS File No(s):
5.b.3. Docket No(s):
5.c. Related Section 214 Applications. Is the Petition being submitted as part of a transaction that includes applications to transfer control of or assign domestic and/or international section 214 authorization(s)?
Yes
No
If yes, enter below the Docket No., ICFS File No(s)., ULS File No(s)., Docket No(s). and any other relevant FCC license/authorization by Call Sign or File No., if known.
5.c.1. ICFS No(s):
5.c.2. ULS No(s):
5.c.3. Docket No(s):
5.c.4. Other:
5.d. Related Non-Common Carrier and Other Filings. Is the Petition being submitted as part of a transaction that includes non-common carrier (private) wireless licenses and/or spectrum leases; non-common carrier (private) earth station licenses and/or space station licenses;
and/or other FCC licenses?
Yes
No
6. Under Which Rule is the Petition Filed?
§1.5000(a)(1). Petitioner requests approval of foreign ownership in the controlling U.S.-organized parent of the common carrier licensee, spectrum lessee, or Applicant pursuant to section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4), and section 1.5000(a)(1) of
the Commission's rules.
§ 1.5000(a)(2). Petitioner requests approval of foreign ownership in the common carrier licensee, spectrum lessee, or Applicant itself, and/or in an intervening U.S.-organized entity that does not control the licensee, spectrum lessee or Applicant, pursuant to section 310(b)(3)
of the Communications Act, 47 U.S.C. § 310(b)(3), and section 1.5000(a)(2) of the Commission's rules.
Note: Selecting (a)(1) for Question 6 will display Supplement I Section below.
Supplement I/Section 1.5000 (a)(1) request:
Petitioner requests approval of foreign ownership in the controlling U.S.-organized parent of the common carrier licensee, spectrum lessee, or Applicant pursuant to section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4), and section 1.5000(a)(1) of the Commission's
rules.
6.a. Do any individuals or entities hold, or would they hold, directly 10% percent or more of the equity interests and/or voting interests, or a controlling interest, in the controlling U.S. parent of the petitioning Applicant(s), licensee(s), or spectrum lessee(s), as specified in section
1.5001(e)(4)(i) through (iv) of the Commission's rules?
Yes
No
6.a.1. Chart: For each such disclosable individual or entity, enter the name; country of organization or citizenship (in the case of an individual); and respective direct equity and voting interests below (where the Equity or Voting percentages consist of a single number rather than
a range, enter that number for both the "Minimum" and "Maximum"):
Add
Remove All
Actions
1) Entity/Individual
ATT
2) Country of Incorporation/ Citizenship
Algeria
3a) Minimum Percent Equity
12
3b) Maximum Percent Equity
17
4a) Minimum Percent Voting
30
4b) Maximum Percent Voting
70
6.b. Do any individuals or entities hold, or would they hold, indirectly 10% or more of the equity interests and/or voting interests, or a controlling interest, in the controlling U.S. parent of the petitioning Applicant(s), licensee(s), or spectrum lessee(s), as specified in section
1.5001(f)(1) of the Commission's rules? Equity interests and voting interests held indirectly shall be calculated in accordance with the principles set forth in section 1.5002 of the Commission's rules.
Yes
No
6.b.1. For each such disclosable individual or entity, enter the name; country of organization or citizenship (in the case of an individual); and respective indirect equity and voting interests (where the Equity or Voting percentages consist of a single number rather than a range,
enter that number for both the "Minimum" and "Maximum"):
Add
Actions
Remove All
1) Entity/Individual
2) Country of Incorporation/ Citizenship
3a) Minimum Percent Equity
3b) Maximum Percent Equity
4a) Minimum Percent Voting
4b) Maximum Percent Voting
No data to display
6.c. Does the Petition request specific approval for particular foreign individuals and/or entities as specified in section 1.5001(i) of the Commission's rules?
Yes
No
6.c.1. Enter below the name of each foreign individual and/or entity for which the Petition requests specific approval, if any; the citizenship or, in the case of a foreign entity, the country of formation; and the respective percentages of equity and/or voting interests (to the
nearest one percent) that each such foreign individual or entity holds, or would hold, directly and/or indirectly, in the controlling U.S. parent of the petitioning applicant(s), licensee(s), or spectrum lessee(s). Refer to section 1.5001(i) of the Commission's rules (where the Equity or
Voting percentages consist of a single number rather than a range, enter that number for both the "Minimum" and "Maximum"):
Add
Remove All
Actions
1) Entity/Individual
2) Country of Incorporation/ Citizenship
3a) Minimum Percent Equity Requested
3b) Maximum Percent Equity Requested
4a) Minimum Percent Voting Requested
4b) Maximum Percent Voting Requested
No data to display
6.c.2. Enter below an estimate of the percentage of aggregate direct and/or indirect foreign equity interests and the aggregate direct and/or indirect foreign voting interests held or to be held in the controlling U.S. parent of the petitioning Applicant(s), licensee(s), or spectrum
lessee(s) (where the Equity or Voting percentages consist of a single number rather than a range, enter that number for both the "Minimum" and "Maximum"):
Add
Remove All
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1) Equity
Type
Actions
ICFS Form - ICFS Portal
1a) Minimum Percent Direct/Indirect Equity
Requested
1b) Maximum Percent Direct/Indirect Equity
Requested
2) Voting
Type
2a) Minimum Percent Direct/Indirect Voting
Requested
2b) Maximum Percent Direct/Indirect Voting
Requested
No data to display
6.d. Is the Petitioner requesting any advance approvals under section 1.5001(k) of the Commission's rules?
Yes
No
6.d.1. For each individual or entity for which Petitioner requests section 1.5001(k) advance approval, enter below the name; country of organization or citizenship (in the case of an individual); and respective equity and voting interests requested (where the Equity or Voting
percentages consist of a single number rather than a range, enter that number for both the "Minimum" and "Maximum"):
Add
Remove All
Actions
1) Entity/Individual
2) Country of Incorporation/ Organization
3a) Minimum Percent Equity Requested
3b) Maximum Percent Equity Requested
4a) Minimum Percent Voting Requested
4b) Maximum Percent Voting Requested
No data to display
7. Does this Petitioner qualify for exclusion from referral to the Executive Branch because the only reportable foreign ownership is through wholly owned intermediate holding companies and the ultimate ownership and control is held by U.S. citizens or entities?
Yes
No
Petitioner must make and attach a specific showing in its application that it qualifies for the exclusion(s), as provided in 47 CFR § 1.40001(a)(2).
Application Fees
8. Will a fee be paid?
Yes
No
8.a. If no, indicate reason for fee exemption.
8.b. Fee exempt explanation.
Note: Selecting "Yes" in Question 8 displays 8.a. field below:
Governmental Entity
Noncommercial Educational License
Other
Waivers
9. Does the Petitioner request a waiver(s) of the Commission's rules?
Yes
No
If yes, attach the request with a supporting narrative and documentation.
9.a. Identify the rule section(s) for which a waiver is sought below.
Attach a statement explaining the waiver request and identifying the rule number(s) involved:
Attach File
Attachments
10. The Petitioner has uploaded all attachments and exhibits required by section 1.5001.
See 47 CFR § 1.5001.
11. If applicable, the Petitioner has uploaded a statement showing that its petition qualifies for exclusion from referral to the Executive Branch under section 1.40001(a)(2) of the Commission's rules.
12. The Petitioner has uploaded a statement supporting the waiver request and identifying the rule number(s) involved, along with other material information.
Attachments/Confidential Treatment of Attachments
13. Is the Applicant requesting confidential treatment of an attachment(s) under section 0.459 of the Commission's rules?
Yes
No
Attachment No.
File Name
Description of Attachment
Confidential
Action
No Attached Files
Attach File
National Security/Law Enforcement Certification Statements
14. In submitting this form, the Petitioner certifies that it will:
Comply with all applicable Communications Assistance for Law Enforcement Act (CALEA) requirements and related rules and regulations, including any and all FCC orders and opinions governing the application of CALEA, pursuant to the Communications Assistance for
Law Enforcement Act and the Commission’s rules and regulations in Title 47, part 1, subpart Z;
Make communications to, from, or within the United States, as well as records thereof, available in a form and location that permits them to be subject to a valid and lawful request or legal process in accordance with U.S. law, including but not limited to:
The Wiretap Act, 18 U.S.C. § 2510 et seq.;
The Stored Communications Act, 18 U.S.C. § 2701 et seq.;
The Pen Register and Trap and Trace Statute, 18 U.S.C. § 3121 et seq.; and
Other court orders, subpoenas or other legal process;
Designate a point of contact who is located in the United States and is a U.S. citizen or lawful U.S. permanent resident, for the execution of lawful requests and as an agent for legal service of process;
Ensure the continuing accuracy and completeness of all information submitted, whether at the time of submission of the application or subsequently in response to either the Commission or the Committee’s request, as required under section 1.65(a) of the
Commission’s rules, and to inform the Commission and the Commi ee of any substan al and significant changes while an applica on is pending;
Ensure that after the application is no longer pending for purposes of section 1.65 of the Commission’s rules, it will notify the Commission and the Committee of any changes in the authorization holder or licensee information and/or contact information promptly, and
in any event within thirty (30) days; and
Fulfill the conditions and obligations set forth in the certifications set out in section 63.18(q) of the Commission’s rules or in the grant of an application or authorization and/or that if the information provided to the United States Government is materially false, fictitious,
or fraudulent, it may be subject to all remedies available to the United States Government, including but not limited to revocation and/or termination of the Commission’s authorization or license, and criminal and civil penalties, including penalties under 18 U.S.C. § 1001.
General Certification Statements
15. In submitting this form,
16. Party Authorized to Sign
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First Name
MI
Last Name
Suffix
Title
Signature
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 ARE PUNISHABLE
BY FINE AND/OR IMPRISONMENT (US Code, Title 18, Section 1001),
AND/OR REVOCATION OF ANY STATION AUTHORIZATION
(US Code, Title 47 Section 312(a)), AND/OR FORFEITURE (US Code, Title 47 Section 503)
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| File Type | application/pdf |
| File Title | ICFS Form - ICFS Portal |
| File Modified | 2024-08-01 |
| File Created | 2024-07-23 |