Section 310(b)

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ICFS Form - ICFS Portal

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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

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Petitioner Information
1. Applicant Information
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FRN

Name

Attention

Doing Business As (DBA)

Title

Street Address

Phone

Street Address 2

Fax

City

Email

State

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Petitioner/Licensee Legal Entity Type
-- None --

Zip Code/Postal Code

Country

2. Contact Information
Check here if same as Applicant
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FRN

Name

Attention

Doing Business As (DBA)

Title

Street Address

Phone

Street Address 2

Fax

City

Email

Contact State

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Relationship
-- None --

Zip Code/Postal Code

Country

Petition Information
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3. Brief Petition Description

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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

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4.a. ICFS File No(s)

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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.
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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).
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5.a.1. ICFS File No(s):

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ICFS Form - ICFS Portal

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

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If yes, enter below the ICFS File No(s), ULS File No(s), and/or Docket No(s)., if known.
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5.b.1. ICFS File No(s):

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5.b.2. ULS File No(s):

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5.b.3. Docket No(s):

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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.
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5.c.1. ICFS No(s):

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5.c.2. ULS No(s):

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5.c.3. Docket No(s):

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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?

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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

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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"):
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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

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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"):

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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

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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"):

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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"):
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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
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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"):
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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

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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
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8. Will a fee be paid?
Yes

No

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8.a. If no, indicate reason for fee exemption.

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8.b. Fee exempt explanation.

Note: Selecting "Yes" in Question 8 displays 8.a. field below:

Governmental Entity

Noncommercial Educational License

Other

Waivers
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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.
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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:
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Attach File 

Attachments
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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
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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
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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
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15. In submitting this form,

16. Party Authorized to Sign

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First Name

MI

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Last Name

Suffix

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Title

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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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