[Federal Register Volume 59, Number 175 (Monday, September 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22580]


[[Page Unknown]]

[Federal Register: September 12, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

 

Public Information Collection Requirement Submitted to Office of 
Management and Budget for Review

September 8, 1994.
    The Federal Communications Commission has submitted the following 
information collection requirement to OMB for review and clearance 
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3507).
    Copies of this submission may be purchased from the Commission's 
copy contractor, International Transcription Service, Inc., 2100 M 
Street, N.W., Suite 140, Washington, DC 20037, (202) 857-3800. For 
further information on this submission contact Judy Boley, Federal 
Communications Commission, (202) 418-0214. Persons wishing to comment 
on this information collection should contact Timothy Fain, Office of 
Management and Budget, Room 10236 NEOB, Washington, DC 20503, (202) 
395-3561.
    Please note: The Commission has requested expedited OMB review of 
this item by September 14, 1994, under the provisions of 5 CFR 1320.18.

OMB Number: None.
Title: Interactive Video and Data Service (IVDS) Section 308(b) Letter.
Action: New collection.
Respondents: Individuals or households and businesses or other for-
profit (including small businesses).
Frequency of Response: One time reporting requirement.
Estimated Annual Burden: 50 responses; 2 hours average burden per 
response; 100 hours total annual burden.
Needs and Uses: The collection of information contained in the 
Interactive Video and Data Service (IVDS) Section 308(b) letter is 
needed to determine the status of an applicant in the FCC auction for 
IVDS. A copy of the letter follows. The information is used by the FCC 
to determine ownership interests and status as a small business, a 
woman-owned entity, and/or a minority-owned entity, as certified prior 
to the IVDS auction. If this information was not available the results 
of the IVDS auction may be compromised by permitting unqualified 
applicants to receive preferences authorized for certain designated 
entities. The information is also due to the fact that the IVDS auction 
will set a precedent for future auctions is imperative that the 
integrity of the auction process be ensured.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

In Reply Refer to: 7230-D/1700C1

    Dear Sir or Madam: You filed an application (Form 175) to 
participate in the Commission's auction for Interactive Video and 
Data Service (IVDS) system licenses. Pursuant to Section 308(b) of 
the Communications Act of 1934, as amended, 47 U.S.C. Sec. 308(b), 
we are requesting additional information from you regarding your 
application. See also 47 C.F.R. Sec. 1.65(a). In particular, we are 
interested in information pertaining to ownership interests and to 
your status as a small business, a woman-owned entity, and/or a 
minority-owned entity, as certified to on your Form 175.
    You are requested to submit the following information on or 
before October 20, 1994;
    1. Disclose the ownership of the applicant by submitting a list 
of the names, addresses, citizenship, position held (officers and 
directors), and principal business of (a) all officers and directors 
and (b) any person or entity holding any ownership interest in the 
applicant, including, but not limited to, partnership interests, 
stock, warrants, options, or any other instrument evidencing a 
present or future ownership interest in the applicant (disclose the 
amounts and percentages held). If the applicant is a partnership or 
joint venture, submit a signed and dated copy of the partnership or 
joint venture agreement. If the applicant is a corporation, submit 
copies of its articles of incorporation, bylaws, and any other 
organizational documents.
    2. Submit a list of all affiliates of the applicant not 
disclosed in response to Question 1. An individual or entity is an 
affiliate of the applicant if such individual or entity (i) directly 
or indirectly controls or has the power to control the applicant, or 
(ii) is directly or indirectly controlled by the applicant, or (iii) 
is directly or indirectly controlled by a third party or parties 
that also controls or has the power to control the applicant.
    3. Does the applicant or any person or entity listed in response 
to Question 1 or 2 have any ownership interest in or connection with 
any other IVDS applicant or licensee? If so, disclose fully the 
nature and extent of such interest or connection, the file number 
(or other identifier) of such application, and the location of such 
IVDS system or proposed system.
    4. Are any of the individuals listed in response to Questions 1 
and 2 related (as husband, wife, father, mother, brother, sister, 
son, or daughter) to each other? Does any member of the immediate 
family (i.e., husband, wife, father, mother, brother, sister, son, 
or daughter) of any individual listed in response to Questions 1 and 
2 have any interest in or connection with any other IVDS applicant 
or licensee? If the answer to either or both of these questions is 
yes, disclose fully, concerning the persons involved, their 
relationship, the nature and extent of such interest or connection, 
the file number (or other identifier) of such application, and the 
location of such IVDS system or proposed system.
    5. If the applicant certified on the application that it is a 
small business, submit the following supporting documents (a small 
business is an entity that, together with its affiliates, has no 
more than $6 million net worth and, after federal income taxes, 
excluding any carry over losses, has no more than $2 million in 
annual profits each year for the previous two years):
    a. a statement disclosing the net worth of the applicant and its 
affiliates at the time the application was filed and the applicant's 
(including affiliates) current net worth.
    b. the most recent balance sheet(s) for the applicant and its 
affiliates (submit an audited balance sheet, if available).
    c. a complete copy of the Federal income tax return(s) for the 
applicant and its affiliates for the past two years (calendar or 
fiscal).
    d. a complete copy of the State income tax return(s) for the 
applicant and its affiliates for the past two years (calendar or 
fiscal).
    6. If the applicant claims a preference as a business owned by 
members of a minority group(s) and/or women, indicate the gender of 
the individuals listed in response to Questions 1 and 2, and 
indicate the minority group(s) of which the individuals listed in 
response to Questions 1 and 2 are members. The applicant must also 
describe how women and/or minorities exercise de jure and de facto 
control of the applicant. A business owned by members of minority 
groups and/or women is one in which minorities and/or women who are 
U.S. citizens have at least 50.1 percent equity ownership and 50.1 
percent controlling interest in the applicant. For applicants that 
are limited partnerships, the general partner either must be a 
minority and/or woman (or minorities and/or women) who is a U.S. 
citizen and owns at least 50.1 percent of the partnership equity, or 
an equity that is 100 percent of the partnership equity, or an 
entity that is 100 percent owned and controlled by minorities and/or 
women who are U.S. citizens. The interests of minorities and women 
are to be calculated on a fully-diluted basis; agreements such as 
stock options and convertible debentures shall be considered to have 
a present effect on the power to control an entity and shall be 
treated as if the rights thereunder already have been fully 
exercised.
    7. If the applicant was a high bidder for one or more IVDS 
licenses (i.e., signed a high bid acknowledgment form) and did not 
submit the required down payment by August 8, 1994, the deadline for 
payment specified by the Commission, explain the reason(s) for the 
applicant's failure to tender its down payment.
    Unless otherwise specified above, the information submitted must 
be current as of the filing date of the applicant's Form 175 
application. Any changes since that date shall also be disclosed.
    False statements in response to this letter would be in 
violation of Title 18, United States Code, Section 1001, and could 
result in criminal penalties. Direct your response to: Chief, 
Private Radio Bureau, Federal Communications Commission, Washington, 
DC. 20554.

      Sincerely,
Ralph A. Haller,
Chief, Private Radio Bureau.

Notice to Individuals Required by the Privacy Act of 1974 and the 
Paperwork Reduction Act

    The information requested in this letter is authorized by the 
Communications Act of 1934, as amended. The Commission will use the 
information to determine your status as an applicant. It may become 
necessary to refer the information submitted to another government 
agency. All information provided in this letter will be available 
for public inspection. A response is requested.
    Public reporting burden for this information is estimated to 
average 2 hours per response, including the time for reviewing 
instructions, searching existing data needed, gathering and 
maintaining the data needed, and completing and reviewing the 
information. Send comments regarding this burden estimate or any 
other aspect of this request for information, including suggestions 
for reducing the burden, to the Federal Communications Commission, 
Records Management Division, Washington, DC. 20554, and to the 
Office of Management and Budget, Paperwork Reduction Project (3060-
0000), Washington, DC. 20503.
    The foregoing notice is required by the Privacy Act of 1974, 
P.L. 93-579, December 31, 1975, 5 U.S.C. 522a(e)(3) and the 
Paperwork Reduction Act of 1980, 96-511, December 11, 1980, 47 
U.S.C. 3507.

[FR Doc. 94-22580 Filed 9-9-94; 8:45 am]
BILLING CODE 6712-01-M