Sec.  1.919   Ownership information.

   (a) Applicants or licensees in Wireless Radio Services that are subject to
   the ownership reporting requirements of  Sec. 1.2112 shall use FCC Form 602 to
   provide all ownership information required by the chapter.

   (b) Any applicant or licensee that is subject to the reporting requirements
   of  Sec. 1.2112 or  Sec. 1.2114 shall file an FCC Form 602, or file an updated form if
   the ownership information on a previously filed FCC Form 602 is not current,
   at the time it submits:

   (1) An initial application for authorization (FCC Form 601);

   (2) An application for license renewal (FCC Form 601);

   (3) An application for assignment of authorization or transfer of control
   (FCC Form 603); or

   (4) A notification of consummation of a pro forma assignment of
   authorization or transfer of control (FCC Form 603) under the Commission's
   forbearance procedures (see  Sec. 1.948(c ) of this part).

   (5) An application reporting any reportable eligibility event, as defined in
    Sec. 1.2114.

   (c) Reporting of Cellular Cross-Ownership Interests. (1) A cellular licensee
   of one channel block in a cellular geographic service area (CGSA) must
   report current ownership information if the licensee, a party that owns a
   controlling or otherwise attributable interest in the licensee, or a party
   that actually controls the licensee, obtains a direct or indirect ownership
   interest of more than 10 percent in a cellular licensee, a party that owns a
   controlling or otherwise attributable interest in a cellular licensee, or a
   party that actually controls a cellular licensee, for the other channel
   block in an overlapping CGSA, if the overlap is located in whole or in part
   in a Rural Service Area (RSA), as defined in  Sec. 22.909 of this chapter. The
   ownership information must be filed on a FCC Form 602 within 30 days of the
   date of consummation of the transaction and reflect the specific levels of
   investment.

   (2) For the purposes of paragraph (c) of this section, the following
   definitions and other provisions shall apply:

   (i) Non-controlling interests. A direct or indirect non-attributable
   interest in both systems is excluded from the reporting requirement set out
   in paragraph (c)(1) of this section.

   (ii) Ownership attribution. For purposes of paragraph (c) of this section,
   ownership and other interests in cellular licensees will be attributed to
   their holders pursuant to the following criteria:

   (A) Controlling interest shall be attributable. Controlling interest means
   majority voting equity ownership, any general partnership interest, or any
   means of actual working control (including negative control) over the
   operation of the licensee, in whatever manner exercised.

   (B) Partnership and other ownership interests and any stock interest
   amounting to 20 percent or more of the equity, or outstanding stock, or
   outstanding voting stock of a cellular licensee shall be attributed.

   (C) Non-voting stock shall be attributed as an interest in the issuing
   entity if in excess of the amounts set forth in paragraph (c)(2)(ii)(B) of
   this section.

   (D) Debt and instruments such as warrants, convertible debentures, options,
   or other interests (except non-voting stock) with rights of conversion to
   voting interests shall not be attributed unless and until converted.

   (E) Limited partnership interests shall be attributed to limited partners
   and shall be calculated according to both the percentage of equity paid in
   and the percentage of distribution of profits and losses.

   (F) Officers and directors of a cellular licensee shall be considered to
   have an attributable interest in the entity with which they are so
   associated. The officers and directors of an entity that controls a cellular
   licensee shall be considered to have an attributable interest in the
   cellular licensee.

   (G) Ownership interests that are held indirectly by any party through one or
   more intervening corporations will be determined by successive
   multiplication of the ownership percentages for each link in the vertical
   ownership chain and application of the relevant attribution benchmark to the
   resulting product, except that if the ownership percentage for an interest
   in any link in the chain exceeds 50 percent or represents actual control, it
   shall be treated as if it were a 100 percent interest. (For example, if A
   owns 20 percent of B, and B owns 40 percent of licensee C, then A's interest
   in licensee C would be 8 percent. If A owns 20 percent of B, and B owns 51
   percent of licensee C, then A's interest in licensee C would be 20 percent
   because B's ownership of C exceeds 50 percent.)

   (H) Any person who manages the operations of a cellular licensee pursuant to
   a management agreement shall be considered to have an attributable interest
   in such licensee if such person, or its affiliate, has authority to make
   decisions or otherwise engage in practices or activities that determine, or
   significantly influence:

   (1) The nature or types of services offered by such licensee;

   (2) The terms upon which such services are offered; or

   (3) The prices charged for such services.

   (I) Any licensee, or its affiliate, who enters into a joint marketing
   arrangements with a cellular licensee, or its affiliate, shall be considered
   to have an attributable interest, if such licensee or affiliate has
   authority to make decisions or otherwise engage in practices or activities
   that determine, or significantly influence:

   (1) The nature or types of services offered by such licensee;

   (2) The terms upon which such services are offered; or

   (3) The prices charged for such services.

   (3) Sunset Provisions. This notification requirement will sunset at the
   earlier of:

   (i) Five years after February 14, 2005, or

   (ii) At the cellular licensee's specific deadline for renewal.

   (d) A single FCC Form 602 may be associated with multiple applications filed
   by the same applicant or licensee. If an applicant or licensee already has a
   current FCC Form 602 on file when it files an initial application, renewal
   application, application for assignment or transfer of control, or
   notification of a pro forma assignment or transfer, it may certify that it
   has a current FCC Form 602 on file.

   (e) No filing fee is required to submit or update FCC Form 602.

   (f) Applicants or licensees in Wireless Radio Services that are not subject
   to the ownership reporting requirements of  Sec. 1.2112 are not required to file
   FCC Form 602. However, such applicants and licensees may be required by the
   rules applicable to such services to disclose the real party (or parties) in
   interest to the application, including (as required) a complete disclosure
   of the identity and relationship of those persons or entities directly or
   indirectly owning or controlling (or both) the applicant or licensee.

   [ 63 FR 68923 , Dec. 14, 1998, as amended at  68 FR 42995 , July 21, 2003;  69 FR 75170 , Dec. 15, 2004;  71 FR 26251 , May 4, 2006]