[Title 47 CFR P]
[Code of Federal Regulations (annual edition) - October 1, 2004 Edition]
[Title 47 - TELECOMMUNICATION]
[Chapter I - FEDERAL COMMUNICATIONS COMMISSION]
[Subchapter A - GENERAL]
[Part 1 - PRACTICE AND PROCEDURE]
[Subpart P - Implementation of the Anti-Drug Abuse Act of 1988]
[From the U.S. Government Printing Office]


47TELECOMMUNICATION12004-10-012004-10-01falsePSubpart PTELECOMMUNICATIONFEDERAL COMMUNICATIONS COMMISSIONGENERALPRACTICE AND PROCEDURE
       Subpart P_Implementation of the Anti-Drug Abuse Act of 1988

    Source: 57 FR 187, Jan. 3, 1992, unless otherwise noted.



Sec. 1.2001  Purpose.

    To determine eligibility for professional and/or commercial licenses 
issued by the Commission with respect to any denials of Federal benefits 
imposed by Federal and/or state courts under authority granted in 21 
U.S.C. 862.

[60 FR 39269, Aug. 2, 1995]



Sec. 1.2002  Applicants required to submit information.

    (a) In order to be eligible for any new, modified, and/or renewed 
instrument of authorization from the Commission, including but not 
limited to, authorizations issued pursuant to sections 214, 301, 302, 
303(1), 308, 310(d), 318, 319, 325(b), 351, 361(b), 362(b), 381, and 385 
of the Communications Act of 1934, as

[[Page 385]]

amended, by whatever name that instrument may be designated, all 
applicants shall certify that neither the applicant nor any party to the 
application is subject to a denial of Federal benefits that includes FCC 
benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1988. 21 
U.S.C. 862. If a section 5301 certification has been incorporated into 
the FCC application form being filed, the applicant need not submit a 
separate certification. If a section 5301 certification has not been 
incorporated into the FCC application form being filed, the applicant 
shall be deemed to have certified by signing the application, unless an 
exhibit is included stating that the signature does not constitute such 
a certification and explaining why the applicant is unable to certify. 
If no FCC application form is involved, the applicant must attach a 
certification to its written application. If the applicant is unable to 
so certify, the applicant shall be ineligible for the authorization for 
which it applied, and will have 90 days from the filing of the 
application to comply with this rule. If a section 5301 certification 
has been incorporated into the FCC application form, failure to respond 
to the question concerning certification shall result in dismissal of 
the application pursuant to the relevant processing rules.
    (b) A party to the application, as used in paragraph (a) of this 
section shall include:
    (1) If the applicant is an individual, that individual;
    (2) If the applicant is a corporation or unincorporated association, 
all officers, directors, or persons holding 5% or more of the 
outstanding stock or shares (voting and/or non-voting) of the applicant; 
and
    (3) If the applicant is a partnership, all non-limited partners and 
any limited partners holding a 5% or more interest in the partnership.
    (c) The provisions of paragraphs (a) and (b) of this section are not 
applicable to the Amateur Radio Service, the Citizens Band Radio 
Service, the Radio Control Radio Service, to users in the Public Mobile 
Services and the Private Radio Services that are not individually 
licensed by the Commission, or to Federal, State or local governmental 
entities or subdivisions thereof.
    (d) The provisions of paragraphs (a) and (b) of this section are 
applicable to spectrum lessees (see Sec. 1.9003 of subpart X of this 
part) engaged in spectrum manager leasing arrangements and de facto 
transfer leasing arrangements pursuant to the rules set forth in subpart 
X of this part.

[57 FR 187, Jan. 3, 1992, as amended at 58 FR 8701, Feb. 17, 1993; 60 FR 
39269, Aug. 2, 1995; 68 FR 66277, Nov. 25, 2003]

    Effective Date Note: At 68 FR 66277, Nov. 25, 2003, Sec. 1.2002 (d) 
was added. This amendment contains information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



Sec. 1.2003  Applications affected.

    The certification required by Sec. 1.2002 must be filed with the 
following applications and any other requests for authorization filed 
with the Commission, as well as for spectrum leasing notifications and 
spectrum leasing applications (see subpart X of this part), regardless 
of whether a specific form exists.

FCC 301 Application for Construction Permit for Commercial Broadcast 
Station;
FCC 301-A Application for Authority to Operate a Broadcast Station by 
Remote Control or to Make Changes in a Remote Control Authorization;
FCC 302 Application for New Broadcast Station License;
FCC 302--FM Application for FM Broadcast Station License;
FCC 303-S Application for Renewal of License for AM, FM, TV, Translator, 
or LPTV Station;
FCC 307 Application for Extension of Broadcast Construction Permit or to 
Replace Expired Construction Permit;
FCC 308 Application for Permit to Deliver Programs to Foreign Broadcast 
Stations;
FCC 309 Application for Authority to Construct or Make Changes in an 
International or Experimental Broadcast Station;
FCC 310 Application for an International, Experimental Television, 
Experimental Facsimile, or a Developmental Broadcast Station License;
FCC 311 Application for Renewal of an International or Experimental 
Broadcast License;
FCC 313 Application for Authorization in the Auxiliary Radio Broadcast 
Services;

[[Page 386]]

FCC 313-R Application for Renewal of Auxiliary Broadcast License;
FCC 314 Application for Consent to Assignment of Broadcast Station 
Construction Permit or License;
FCC 315 Application for Consent to Transfer of Control of Corporation 
Holding Broadcast Station Construction Permit or License;
FCC 316 Application for Consent to Assignment of Radio Broadcast Station 
Construction Permit or License or Transfer of Control of Corporation 
Holding Radio Broadcast Station Construction Permit or License;
FCC 327 Application for Cable Television Relay Service Station 
Authorzation;
FCC 330 Application for Authorization to Construct New or Make Changes 
in an Instructional Television Fixed and/or Response Station(s), or to 
Assign or Transfer Such Stations;
FCC 330-L Application for Instructional Television Fixed Station 
License;
FCC 330-R Application for Renewal of Instructional Television Fixed 
Station and/or Response Station(s) and Low Power Relay Station(s) 
License;
FCC 340 Application for Construction Permit for Noncommercial 
Educational Broadcast Station;
FCC 345 Application for Transfer of Control of a Corporate Licensee or 
Permittee, or Assignment of License or Permit, for an FM or TV 
Translator Station, or a Low Power Television Station;
FCC 346 Application for Authority to Construct or Make Changes in a Low 
Power TV, TV Translator or TV Booster Station;
FCC 347 Application for a Low Power TV, TV Translator or TV Booster 
Station License;
FCC 349 Application for Authority to Construct or Make Changes in an FM 
Translator or FM Booster Station;
FCC 350 Application for an FM Translator or FM Booster Station License;
FCC 401 Application for New or Modified Common Carrier Radio Station 
Authorization Under part 22 of this chapter.
FCC 402 Application for Station Authorization in the Private Operational 
Fixed Microwave Radio Service;
FCC 402-R Renewal Notice and Certification in the Private Operational 
Fixed Microwave Radio Service;
FCC 403 Application for Radio Station License or Modification Thereof 
Under parts 23 or 25 of this chapter;
FCC 404 Application for Aircraft Radio Station License;
FCC 405 Application for Renewal of Radio Station License;
FCC 405-A Application for Renewal of Radio Station License and/or 
Notification of Change to License Information;
FCC 405-B Ship/Aircraft License Expiration Notice and/or Renewal 
Application;
FCC 406 Application for Ground Station Authorization in the Aviation 
Services;
FCC 407 Application for New or Modified Radio Station Construction 
Permit;
FCC 409 Airborne Mobile Radio Telephone License Application;
FCC 410 Registration of Canadian Radio Station Licensee and Application 
for Permit to Operate (Land Mobile);
FCC 442 Application for New or Modified Radio Station Authorization 
Under part 5 of this chapter--Experimental Radio Service (Other than 
Broadcast);
FCC 490 Application for Assignment or Transfer of Control Under part 22 
of this chapter;
FCC 493 Application for Earth Station Authorization or Modification of 
Station License (Proposed);
FCC 494 Application for a New or Modified Microwave Radio Station 
License Under part 21 of this chapter;
FCC 494-A Certification of Completion of Construction Under part 21 of 
this chapter;
FCC 503 Application for Land Radio Station License in the Maritime 
Services;
FCC 506 Application for Ship Radio Station License;
FCC 574 Application for Private Land Mobile and General Mobile Radio 
Services;
FCC 574-R Application for Renewal of Radio Station License;
FCC 601 FCC Application for Wireless Telecommunications Bureau Radio 
Service Authorization;
FCC 602 FCC Ownership Disclosure Information for the Wireless 
Telecommunications Services;
FCC 603 Wireless Telecommunications Bureau Application for Assignment of 
Authorization and Transfer of Control; Notification or Application for 
Spectrum Leasing Arrangement;
FCC 605 Quick Form Application for Authorization in the Ship, Aircraft, 
Amateur, Restricted and Commercial Operator, and General Mobile Radio 
Services.
FCC 701 Application for Additional Time to Construct a Radio Station;
FCC 702 Application for Consent to Assignment of Radio Station 
Construction Permit or License;
FCC 703 Application for Consent to Transfer Control of Corporation 
Holding Station License;
FCC 704 Application for Consent to Transfer of Control of Corporation 
Holding Common Carrier Radio Station Construction Permit or License;
FCC 730 Application for Registration of Equipment to be Connected to the 
Telephone Network;
FCC 731 Application for Equipment Authorization;

[[Page 387]]

FCC 753 Restricted Radiotelephone Operator Permit Application;
FCC 755 Application for Restricted Radiotelephone Operator Permit--
Limited Use;
FCC 756 Application for Commercial Radio Operator License.

[57 FR 187, Jan. 3, 1992, as amended at 57 FR 48333, Oct. 23, 1992; 59 
FR 63051, Dec. 7, 1994; 63 FR 68942, Dec. 14, 1998; 68 FR 66277, Nov. 
25, 2003]

    Effective Date Note: At 68 FR 66277, Nov. 25, 2003, Sec. 1.2003 
introductory text, and the entry for ``FCC 603'' were revised. This 
amendment contains information collection and recordkeeping requirements 
and will not become effective until approval has been given by the 
Office of Management and Budget.