ATTACHMENT D

INSTRUCTIONS FOR COMPLETING FCC FORM 601 AND FCC FORM 602

This attachment contains instructions for the on-line filing process for
filing FCC Form 601, Application for Wireless Telecommunications Bureau
Radio Service Authorization, including Schedule B for Geographically
Licensed Services ("FCC Form 601"), and the FCC Form 602, FCC Ownership
Disclosure Information for the Wireless Telecommunications Services
("FCC Form 602").

Most of the information provided on the short-form application ("FCC
Form 175") will be pre-filled to the FCC Form 601 in the on-line filing
process, such as:

-   designated entity information, including revenue and/or bidding
    credit percentage information; and

-   agreement information submitted in the FCC Form 175, including the
    name of and parties to the agreements.

Applicants will be able to update any pre-filled information in the FCC
Form 601 and are responsible for checking to ensure that all
information, including information pre-filled from the FCC Form 175
submission, is complete and accurate prior to submission.

If an applicant has an FCC Form 602 in the Commission's Universal
Licensing System ("ULS") prior to the FCC Form 601 filing deadline,
applicants are responsible for checking to ensure that the information
on the FCC Form 602 on file with the Commission is complete and
accurate. If an applicant needs to file a new or updated FCC Form 602 to
reflect ownership changes submitted in the bidder's FCC Form 175 or to
make additional updates, ULS can pre-fill the FCC Form 602 with the
applicable ownership information from the FCC Form 175. Applicants will
be able to update any pre-filled information and are responsible for
checking to ensure that all information, including information
pre-filled from the FCC Form 175 submission, is complete and accurate.
Instructions for filing the FCC Form 602 are provided in Section V of
this attachment.

# I. FCC FORM 601 GENERAL REQUIREMENTS {#i.-fcc-form-601-general-requirements .unnumbered}

*Applicants are strongly encouraged to use the format below to submit
FCC Form 601 and exhibits to FCC Form 601 as required by the
Commission's rules. Following this format will help expedite processing
of FCC Form 601 and minimize follow-up requests for missing or
clarifying information.*

Applicants bear full responsibility for submission of timely and
complete FCC Form 601 applications. Applicants should read the
instructions on the FCC Form 601 carefully and should consult the
Commission's rules to ensure that, in addition to the materials
described below, all the information that is required under the rules is
included with their FCC Form 601 applications. Each applicant is
responsible for the continuing accuracy and completeness of information
furnished in a pending application. *See* 47 C.F.R. § 1.65. **Incomplete
or defective applications may be returned to the applicant.** *See* 47
C.F.R. § 1.934(a), (d), (f); *see also* 47 C.F.R. § 1.933(b).

Applicants must file FCC Form 601 electronically. An applicant that
fails to submit the required FCC Form 601 application(s) prior to **6:00
p.m. Eastern Time (ET) on April 3, 2008**, and fails to establish good
cause for any late-filed submissions, shall be deemed to have defaulted
and will be subject to the default payments set forth in section
1.2104(g) of the Commission's rules. *See* 47 C.F.R. §§ 1.2104(g),
1.2107(c).

**Number of Forms To Be Filed.** Applicants applying for multiple
licenses may submit one FCC Form 601 (including all required schedules,
attachments, and exhibits) if *all* filing requirements associated with
the application are identical *except* for the market designator(s) and
market names(s). We note that, if an applicant was the high bidder for
licenses with different service codes (*e.g.,* a 700 MHz Lower Band
A-Block license and a 700 MHz Upper Band C-Block license), it will be
necessary to file separate applications for licenses with different
service codes. However, an applicant seeking tribal lands bidding
credits in one or more markets, but not all markets, is encouraged to
submit two applications in order to separate those markets in which the
applicant intends to apply for a tribal lands bidding credit from those
markets in which the applicant is not seeking tribal lands bidding
credit.

The recently adopted *CSEA/Part 1 Report and Order* modified the
procedures by which a consortium that is a winning bidder applies for a
license.[^1] In particular, (a) each member or group of members of a
winning consortium seeking separate licenses will be required to file a
separate FCC Form 601 for its/their respective license(s) and, in the
case of a license to be partitioned or disaggregated, the member or
group filing the applicable FCC Form 601 shall provide the parties'
partitioning or disaggregation agreement in the FCC Form 601; (b) two or
more consortium members seeking to be licensed together shall first form
a legal business entity; and (c) any such entity must meet the
applicable eligibility requirements in our rules for small business
status.[^2] The consortium members must use the consortium's FCC
Registration Number ("FRN") when filing their separate FCC Forms
601.[^3] Within 10 business days after the grant of an FCC Form 601,
each licensee must substitute its individual FRN for that of the
consortium.[^4]

# II. FILING FCC FORM 601 ELECTRONICALLY {#ii.-filing-fcc-form-601-electronically .unnumbered}

*[Basic Guidelines for Filing FCC Form 601 On-line:]{.underline}*

-   Some of the data entry fields on the on-line application form may be
    pre-filled with information from the FCC Form 175.

-   The on-line application consists of data entry fields as well as
    "yes or no" questions. You must respond to all of the questions on
    the application. If you respond "Yes" to a question, you may be
    required to file an attachment explaining the specific circumstances
    (see form for specific instructions).

-   An Attachments link is provided for uploading attachment files. You
    are responsible for filing all required attachments.

-   Applications [must]{.underline} be completed within the specific
    filing window of the auction, in this case prior to 6:00 p.m.
    Eastern Time (ET) on **April 3, 2008**.

-   Prior to submitting an application, you may click the Reference Copy
    link (where available) to create a preview of your completed
    application.

*[Step-by-Step Instructions:]{.underline}*

1.  Access ULS through the Internet at
    [**http://wireless.fcc.gov/uls**](http://wireless.fcc.gov/uls).
    Select the **Log In** button in the Online Filing section from this
    page.

> **Note**: You may use the following browser software to register and
> file FCC Form 601 through ULS: Internet Explorer (v. 5.5 or later) and
> Netscape Communicator (v. 6.2). You can download Netscape Communicator
> free of charge from the Netscape download site at
> <http://browser.netscape.com/ns8/download/archive62x.jsp/>. Download
> Internet Explorer at
> <http://www.microsoft.com/windows/ie/downloads/default.asp>.

2.  On the ULS License Manager Login page, enter the applicant's FCC
    Registration Number (FRN) and password. Click **Submit**. ULS will
    verify you have a valid FRN or otherwise prompt you to obtain an
    FRN.

> **Note**: You must login to ULS with the FRN used to identify the
> applicant on FCC Form 175.
>
> For additional information on the FRN, *see* "All Universal Licensing
> System and Antenna Structure Registration Applicants Must Use Their
> FCC Registration Number(s), Effective December 3, 2001," *Public
> Notice*, 16 FCC Rcd 18793 (2001), available at
> <http://wireless.fcc.gov/uls/releases/da012452.txt>. For assistance,
> contact the FCC Support Center at (877) 480-3201, option four; TTY:
> (202) 414-1255. To provide quality service and ensure security, all
> telephone calls are recorded.

3.  After you have entered the FRN and password correctly, you will see
    either the "My Applications" page or the "My Licenses" page
    displaying the applicant's existing applications or licenses (if
    any) and related information. To apply for a new license, click the
    Apply for a New License link in the left-hand navigation menu.

4.  On the Select Service page, choose the Auction Winner dropdown menu.
    Then select one of the following auction IDs:

> **\# 73 - WY -- 700 MHz Lower Band (Blocks A, B, and E)**
>
> **\# 73 - WU -- 700 MHz Upper Band (Block C)**
>
> Click **Continue.**

5.  Supply the information requested by FCC Form 601 and the
    Commission's rules. Complete the questions on the pages as they
    appear, following the onscreen prompts and instructions. Use the
    buttons at the bottom of each page to continue to the next page or
    go back to the previous page. Provide attachments as instructed by
    clicking the Attachments link at the top of the page. Attachment
    requirements are described in Section III of this document. Be sure
    to use the standard attachment types and file descriptions set forth
    herein.

6.  If you plan to file a request for a waiver or exception to the
    Commission's rules, select "Yes" for the appropriate question on the
    Application Information page and enter the number of rule waivers
    being requested. You will also be required to upload an exhibit that
    should include citations to the specific rule sections and the
    circumstances for justifying the waiver request(s). Refer to the
    guidelines below for Exhibit F: Waiver Requests.

7.  On the Markets page, the system pre-fills the Markets Summary table
    with data for the license(s) this applicant has won in the selected
    auction. The "Include in Application" column contains a checkbox for
    each license, where a check indicates that you want to include the
    license in this application. Initially, all checkboxes are selected.
    To unselect a license, clear its checkbox and click **Save**. The
    checkbox lets you apply for the winning licenses in stages, rather
    than all at once. This is important if the applicant intends to seek
    a tribal lands bidding credit in some but not all markets. Click
    **Continue**.

8.  The next page must be completed by applicants seeking tribal lands
    bidding credits. If you are applying for markets in which you intend
    to seek tribal lands bidding credits, see Section IV of this
    Attachment.

9.  Agreement information that was provided on the FCC Form 175 will be
    pre-filled into the FCC Form 601. Applicants can edit this
    pre-filled agreement information, including the agreement name,
    agreement type, and parties to the agreement. You can also delete
    and add agreements. In addition, if the applicant has entered into,
    intends to enter into, or is in the process of negotiating any
    agreements that could affect its designated entity status, you must
    answer the appropriate question "Yes" on the Agreement Information
    page, and list the agreement name, agreement type, and parties to
    the agreement. Further, applicants must summarize these agreements,
    and provide a copy of each such agreement as part of Exhibit D.
    Refer to the guidelines below for Exhibit D: Agreements & Other
    Instruments.

10. For applicants seeking a designated entity bidding credit, revenue
    information for the Applicant, Disclosable Interest Holder(s), and
    Affiliate(s) will be pre-filled from the FCC Form 175 into the FCC
    Form 601. Applicants can edit this pre-filled revenue information.
    If there have been changes to the Applicant, Disclosable Interest
    Holder(s) and Affiliate(s) revenue information or additional
    information needs to be added, you must answer the appropriate
    question "Yes" on the Revenue and Asset Information for Applicant
    page. You are also required to attach an exhibit with the additional
    information and a summarization of the revenue changes from the
    figures submitted with the FCC Form 175. Refer to the guidelines
    below for Exhibit C: Designated Entities. The "Yes" answer will
    enable the revenue data fields and allow you to edit or add the
    revenue information for the Applicant. Continue to the Revenue and
    Asset Information for Disclosable Interest Holder(s) page. You can
    edit the Disclosable Interest Holder name, FRN, and revenue
    information copied from the FCC Form 175. You can also delete and
    add Disclosable Interest Holders and their revenue information.
    Continue to the Revenue and Asset Information for Affiliate(s) page.
    You can edit the Affiliate name, FRN, and revenue information copied
    from the FCC Form 175. You can also delete and add Affiliates and
    their revenue information. Note: ULS requires a valid FRN for each
    of the Disclosable Interest Holders and Affiliates added, or copied
    from the FCC Form 175, to the FCC Form 601 filing.

11. Information required by section 1.2110(j) of the Commission's rules
    regarding Attributable Material Relationships must be included in
    Exhibit C. Refer to the guidelines below for Exhibit C: Designated
    Entities.

12. Continue completing the questions on the pages as they appear,
    following the onscreen prompts and instructions until you reach the
    Summary page. Use the view and edit capabilities to review your
    application to confirm that it is complete and accurate. Correct
    information as necessary. Once you are confident that the
    application is ready for certification and submission, click on the
    **Continue to Certify** button.

13. The Certification page provides General Certification Statements. By
    \"signing\" this form, the applicant certifies that the statements
    listed in this section are true, complete, correct, and made in good
    faith. To submit the application to the FCC, click the **Submit
    Application** button.

14. You will receive a Confirmation page when you press the **Submit
    Application** button. Note the file number for your records. You may
    print the Confirmation page by choosing the Print option from the
    File menu of your Web browser. You may also choose to print a copy
    of the complete application you have just submitted by selecting the
    Reference Copy link. You may use the **Log Out** link at the top
    left of the page to exit ULS online filing.

**Updating an Application**

You may access your application to make changes until the **April 3,
2008**, filing deadline:

-   If you quit your application at any time prior to submitting it, it
    will be saved in ULS. To continue working on a saved application,
    login to ULS License Manager. Choose the My Applications link from
    the menu on the left side of the page and click on the Saved link.
    Click the link next to your saved application. On the next page,
    "Application At A Glance," choose the **Continue** link under the
    "Work on This Application" menu. Saved applications for an
    auctionable service [must]{.underline} be completed and submitted
    within the 10-day filing window. Any application that is not
    submitted by the deadline will not be reviewed by the Commission.

-   Once you click the **Submit Application** button, ULS will assign a
    file number to the application. To make changes to a submitted
    application, log in to ULS License Manager. Choose the My
    Applications link from the left side of the page. Then choose the
    Submitted Applications link. Click on the file number of your
    application, and choose the Update link from the "Work on This
    Application" menu on the right side of the page. You must click the
    **Submit Application** button prior to the close of the 10-day
    filing window.

Note: To change any information on your application **after** the 10-day
filing window has closed, log in to ULS License Manager with the
applicant's FRN and Password. Choose the My Application link from the
left side of the page. Then click Pending applications. Click on the
file number of your application, and choose the Update link from the
"Work on This Application" menu on the right side of the page.

**Important:** Changes made on an application after the following window
has closed constitute an amendment(s) to the application in ULS.

Commission rules contain limitations on the filing of major amendments
after the **April 3, 2008**, deadline that may affect the applicant\'s
legal rights.[^5] Acceptance of an amendment by ULS does not indicate
that the amendment is allowed under the Commission's rules. Applicants
are advised to consult Commission's rules in this regard prior to filing
an amendment. Once the Commission has granted a request for a license,
you may request a modification.

## Technical Support  {#technical-support .unnumbered}

For technical assistance with filing the FCC Form 601, contact the ULS
Technical Support Hotline at (877) 480-3201, option 2, (717) 338-2888,
or (717) 338-2824 (TTY). The ULS Technical Support Hotline is available
Monday through Friday from 8:00 a.m. to 6:00 p.m. ET. There are no
weekend hours, and the hotline is closed on all Federal holidays. To
provide quality service and ensure security, all telephone calls are
recorded.

# ORGANIZATION OF APPLICATION EXHIBITS

**FCC Form 601- and Rule-Related Exhibits.** Any exhibits to be attached
to an application in response to a question on the Main Form or Schedule
B of FCC Form 601 or as specified in the Commission's rules should be
identified as specified in the instructions to the FCC Form 601.
Applicants should select the Attachments link provided within the
electronic filing software to connect to the Attachments page. Select
the appropriate attachment type from the pull-down menu, enter the
correct attachment description (listed below) in the text box provided,
browse for your file, and click on the **Add Attachment** button. The
electronic filing software will accept many different types of computer
files. For a full list of acceptable file formats, see
<http://esupport.fcc.gov/attachments.htm#types>. Do not add password
protection to attached files.

Provide exhibit attachments in ULS as applicable. Any exhibits to be
attached to an application as a result of our rule requirements should
be identified as follows:

[Title]{.underline}

Exhibit A: Ownership

Exhibit B: Foreign Ownership

Exhibit C: Designated Entities

Exhibit D: Agreements & Other Instruments

Exhibit E: Confidentiality Requests

Exhibit F: Waiver Requests

Exhibit G: Miscellaneous Information

Exhibit X: Tribal Lands Bidding Credit Waiver Requests[^6]

Exhibit Y: Tribal Government Certification[^7]

Exhibit Z: Tribal Lands Bidding Credit Applicant Certification[^8]

As specified in the instructions to the FCC Form 601, each page of each
exhibit must be identified with the number or letter of the exhibit, the
number of the page of the exhibit, and the total number of pages of the
exhibit.

### [EXHIBIT A: OWNERSHIP INFORMATION]{.smallcaps} {#exhibit-a-ownership-information .unnumbered}

Section 1.2112 of the Commission's rules requires that each applicant
for a license shall disclose fully the real party- or
parties-in-interest. *See* 47 C.F.R. § 1.2112. This requirement may be
fulfilled by providing an attachment referencing the file number, date,
and name of filer of the appropriate FCC Form 602 application. For
information regarding the filing of the FCC Form 602, *see* Section V of
this attachment. To provide this information, applicants should upload
the file, select Attachment Type "Ownership," and enter "**Exhibit A:
Ownership**" in the Description field on the Attachments page.

Although ownership information can be provided by referencing the FCC
Form 602, applicants should confirm that their FCC Form 602 accurately
reflects all information discussed below and as required under section
1.2112 of the Commission's rules.

**Direct Ownership.** An applicant must provide information regarding
its direct ownership as follows:

-   *General Rule:* The applicant must provide the name, address, and
    citizenship of any party holding 10 percent or more of stock in the
    applicant, whether voting or nonvoting, common or preferred,
    including the specific amount of the interest or percentage held.
    *See* 47 C.F.R. § 1.2112(a)(2).

-   If the applicant is a general partnership, provide the name,
    address, and citizenship of each partner, and the share or interest
    participation in the partnership. *See* 47 C.F.R. § 1.2112(a)(4).

-   If the applicant is a limited partnership, provide the name,
    address, and citizenship of each limited partner whose interest in
    the applicant is 10 percent or greater (as calculated according to
    either the percentage of equity paid in or the percentage of
    distribution of profits and losses). *See* 47 C.F.R. § 1.2112(a)(3).

-   If the applicant is a limited liability company, provide the name,
    address, and citizenship of each of its members whose interest in
    the applicant is 10 percent or greater. *See* 47 C.F.R.
    § 1.2112(a)(5).

**Indirect Ownership.** Applicants must identify all parties holding a
10 percent or greater indirect ownership interest in the applicant, as
determined by successive multiplication of the ownership percentages for
each link in the vertical ownership chain. If the ownership percentage
for an interest in any link in the chain exceeds fifty percent or
represents actual control, it shall be treated and reported as if it
were a one hundred percent interest. *See* 47 C.F.R. § 1.2112(a)(6).

**Other Disclosable Interests and Entities.** Applicants must list any
Commission-licensed or regulated entity or applicant for a Commission
license or authorization in which the applicant or any of the parties
identified in sections 1.2112(a)(1)-(5) of the Commission's rules owns
10 percent or more ownership interest, whether voting or nonvoting,
common or preferred. This list must include a description of each such
entity's principal business and a description of each entity's
relationship to the applicant. *See* 47 C.F.R. § 1.2112(a)(7).

**Complex Ownership Situations.** To facilitate the long-form review
process, applicants whose ownership structures involve multiple layers
are encouraged to provide a narrative and organizational chart detailing
the relationships of the various entities.

### [EXHIBIT B: FOREIGN OWNERSHIP]{.smallcaps} {#exhibit-b-foreign-ownership .unnumbered}

If the applicant has responded "Yes" to Question 48a and "Yes" to
Question 48b on the FCC Form 601, it must attach to the application an
exhibit that identifies the citation(s) of the applicable declaratory
ruling(s) by DA/FCC number or the FCC Record citation, if available,
release date, and any other identifying information. If the applicant
has responded "Yes" to Question 48a and "No" to Question 48b on the FCC
Form 601, it must attach to the application a date-stamped copy of a
request for a foreign ownership ruling pursuant to section 310(b)(4) of
the Communications Act. It is not necessary to file a request for a
foreign ownership ruling if the applicant attaches to the application an
exhibit showing that the requested license is exempt from the provisions
of section 310(b)(4). To provide the information required, the applicant
should select Attachment Type "Ownership" and enter "**Exhibit B:
Foreign Ownership**" in the Description field on the Attachments page.
For every direct or indirect foreign owner, applicant should provide the
following information:

-   *Item (1) Percentage of Interest*: Identify each foreign owner's
    percentage of ownership (direct and indirect) in the applicant.

-   *Item (2) Country of Origin and Address*: List each foreign owner's
    country of citizenship and principal place of business.

-   *Item (3) Public Interest Statement*: Demonstrate how allowing the
    applicant to hold the requested license is consistent with the
    Commission's policies pursuant to section 310(b)(4) of the
    Communications Act of 1934, as amended. In the *Foreign
    Participation Order*,[^9] the Commission stated that there is a
    presumption that indirect foreign ownership of common carrier radio
    licensees by entities whose home markets are World Trade
    Organization ("WTO") members does not raise competitive concerns. If
    more than twenty-five percent of the ownership of an entity that
    controls a common carrier radio licensee is attributable to parties
    whose home markets are non‑WTO member countries, the Commission will
    evaluate whether those markets offer effective competitive
    opportunities to U.S. investors.[^10]

-   *Item (4) Petitions for Declaratory Ruling*: As explained in the
    Commission's *Foreign Participation Order,* licensees must seek the
    Commission's prior approval before accepting indirect foreign
    ownership that causes them to exceed section 310(b)(4)'s twenty-five
    percent benchmark.[^11] In keeping with this pre-approval process,
    auction applicants are required to certify in their FCC Form 175
    applications either that they are in compliance with the foreign
    ownership requirements of section 310 or that they have filed a
    request for relief from those requirements that is pending with the
    Commission.[^12] Similarly, where foreign ownership is at issue,
    applicants must indicate in their FCC Form 601 applications that
    they either have received a declaratory ruling that grants them
    permission to exceed the statutory benchmark of section 310(b)(4) or
    that they have a request currently pending at the Commission.
    Applicants are advised that petitions for a declaratory ruling to
    exceed the section 310(b)(4) benchmark must be granted before any
    license for which the applicant is a high bidder may be granted.

Petitions for a declaratory ruling to exceed the section 310(b)(4)
twenty-five-percent statutory benchmark should be addressed to the
Secretary, with a copy to the Policy Division of the International
Bureau, and must be filed in paper form. There is no fee associated with
such a filing. For additional guidance on how the Commission analyzes
foreign ownership issues, *see* Foreign Ownership Guidelines for FCC
Common Carrier and Aeronautical Radio Licenses, *Public Notice*, 19 FCC
Rcd 22612 (2004), erratum, 21 FCC Rcd 6484 (2006). Inquiries regarding
compliance with section 310 of the Communications Act and the filing and
processing of petitions for declaratory ruling should be directed to
David Krech, Associate Division Chief, Policy Division, International
Bureau, at (202) 418-1460 or by e-mail to david.krech@fcc.gov.

### [EXHIBIT C: DESIGNATED ENTITIES]{.smallcaps} {#exhibit-c-designated-entities .unnumbered}

As noted previously, revenue information for the Applicant, Disclosable
Interest Holder(s), and Affiliate(s) will be pre-filled from the FCC
Form 175 into the FCC Form 601. Applicants, however, must review the
pre-filled designated entity information and confirm its accuracy by
applying the guidelines provided below. If necessary, applicants can
update the pre-filled revenue information in their FCC Form 601. Any
other designated entity information must be provided by uploading a
file, selecting Attachment Type "Ownership" and entering "**Exhibit C:
Designated Entities**" in the Description field on the Attachments page.
For example, applicants can use Exhibit C to provide information for
entities with which they have an attributable material relationship as
required by our rules. In addition, applicants can use Exhibit C to
explain any updates to the pre-filled information from the FCC Form 175,
why certain entities should not be attributed to the applicant, and why
certain relationships should not be considered attributable or
impermissible material relationships.

Pursuant to section 1.2110(f)(1) of the Commission's rules, the
Commission may award bidding credits (*i.e.*, payment discounts) to
eligible designated entities. Sections 1.2110(f)(2), 27.502, and 27.702
of the Commission's rules specify the following designated entities as
eligible for bidding credits in the 700 MHz Service Auction (Auction
73): a very small business, a small business, a consortium of very small
businesses, and a consortium of small businesses.

-   **Very Small Businesses under Section 1.2110(f)(2)(iii):** A very
    small business is an entity that, together with its affiliates and
    controlling interests, has had average annual gross revenues not
    exceeding **\$15 million** for the preceding three years. Very small
    businesses are eligible for bidding credits of **twenty-five percent
    (25%)** to lower the cost of their winning bids. *See* 47 C.F.R. §§
    1.2110(f)(2)(iii), 27.502(b), 27.702(a)(2).

-   **Small Businesses under Section 1.2110(f)(2)(ii):** A small
    business is an entity that, together with its affiliates and
    controlling interests, has had average gross revenues that exceed
    \$15 million but do not exceed **\$40 million** for the preceding
    three years. Small businesses are eligible for bidding credits of
    **fifteen percent (15%)** to lower the cost of their winning bids.
    *See* 47 C.F.R. §§ 1.2110(f)(2)(ii), 27.502(a), 27.702(a)(3).

[]{.mark}

**Gross Revenues Test for Very Small Businesses and Small Businesses.**
For purposes of determining whether an applicant is eligible for status
as a very small business or a small business, the gross revenues of the
applicant, its affiliates, its controlling interests, the affiliates of
its controlling interests, and the entities with which it has an
attributable material relationship[^13] shall be considered on a
cumulative basis and aggregated. *See* 47 C.F.R. §§ 1.2110(b)(1),
1.2112(b)(2). In accordance with section 1.2110(o) of the Commission's
rules, 47 C.F.R. § 1.2110(o), the applicant must provide the gross
revenues for the most recently completed three calendar or fiscal years
preceding the filing of the applicant's FCC Form 175, separately and in
the aggregate for the applicant, each of its affiliates, each of its
controlling interests, each of the affiliates of its controlling
interests, and each of the entities with which it has an attributable
material relationship. *See* 47 C.F.R. § 1.2112(b)(2)(v); *see also* 47
C.F.R. § 1.2110(b)(1)(i). Gross revenues for purposes of determining
eligibility are defined in 47 C.F.R. § 1.2110(o).

**For a Consortium of Very Small Businesses and a Consortium of Small
Businesses.** Applicants that applied as a consortium of very small
businesses or a consortium of small businesses, as described in section
1.2110(b)(3)(i) of the Commission's rules, must compute and indicate
gross revenues as outlined above for *each* very small business or small
business in the consortium. That is, each business entity comprising the
very small business or small business consortium must qualify and show
gross revenues separately. The average gross revenues of the individual
very small businesses or small businesses in the consortium shall not be
aggregated. *See* 47 C.F.R. § 1.2110(b)(3)(i). As stated above, each
consortium member, which must be a separate, distinct and independent
legal entity, must file a separate FCC Form 601 and FCC Form 602.[^14]
When filing the FCC Form 601, each entity comprising a consortium should
report the gross revenues of only that particular consortium member,
along with its affiliates, its controlling interests, the affiliates of
its controlling interests, and the entities with which it has an
attributable material relationship.

**For a Rural Telephone Cooperative.** An applicant that is a rural
telephone cooperative is exempt for the purpose of attribution from
section 1.2110(c)(2)(ii)(F) of the Commission's rules, 47 C.F.R.
§ 1.2110(c)(2)(ii)(F), if it complies with section 1.2110(b)(3)(iii) of
the Commission's rules. 47 C.F.R. § 1.2110(b)(3)(iii). Section
1.2110(c)(2)(ii)(F) states that officers and directors of an applicant
shall be considered to have a controlling interest. In the absence of
such an exemption, gross revenues of all controlling interests,
including officers and directors, must be attributed to the applicant
for purposes of claiming eligibility for designated entity benefits.
*See* 47 C.F.R. § 1.2110(b)(1)(i), (c)(2)(ii)(F).

In this attachment, an applicant seeking the rural telephone cooperative
exemption need to demonstrate how it complies with section
1.2110(b)(3)(iii) of the Commission's rules. An applicant will be exempt
from attributing the officers and directors of the applicant and the
controlling interests, if the applicant or a controlling interest is:

-   Organized as a cooperative pursuant to state law;[^15]

-   A rural telephone company as defined by the Communications Act; and

-   Eligible for tax-exempt status under the Internal Revenue Code or
    that it adheres to the cooperative principles articulated in *Puget
    Sound Plywood, Inc. v. Commission of Internal Revenue*, 44 T.C. 305
    (1965).[^16]

**Controlling Interests and Affiliates.** All controlling interests and
affiliates, as defined by the Commission's rules, must be included in
the gross revenue calculations discussed above. *See* 47 C.F.R.
§ 1.2110(b)(1)(i), (c)(2), (c)(5).

**Material Relationships.** Applicants are ineligible for the award of
designated entity benefits when an applicant has agreements with one or
more other entities for the lease (under either spectrum manager or *de
facto* transfer leasing arrangements) or resale (including under a
wholesale arrangement) of, on a cumulative basis, more than 50 percent
of its spectrum capacity of any individual license.[^17] An applicant
has an attributable material relationship when an applicant has one or
more agreements with any individual entity, including entities and
individuals attributable to that entity, for the lease (under either
spectrum manager or *de facto* transfer leasing arrangements) or resale
(including under a wholesale arrangement) of, on a cumulative basis,
more than 25 percent of the spectrum capacity of any individual license
that is held by the applicant or licensee.[^18]

**Minority-Owned and Women-Owned Business and Rural Telephone
Companies.** The Commission is interested in the status of applicants as
minority-owned and women-owned businesses and rural telephone companies
for statistical purposes, even if the applicant is ineligible for
bidding credits. *See* 47 C.F.R. § 1.2110(c)(3), (4). This information
is collected in ULS and does not need to be included in an attachment.

### EXHIBIT D: AGREEMENTS & OTHER INSTRUMENTS  {#exhibit-d-agreements-other-instruments .unnumbered}

**Bidding Agreements.** Applicants must provide a detailed explanation
of the terms and conditions and parties involved in any bidding
consortia, joint ventures, partnerships, or other agreements or
arrangements entered into relating to the competitive bidding process
prior to the time the bidding was completed. *See* 47 C.F.R. §
1.2107(d). Note: A list of the agreements disclosed on the FCC Form 175
will be pre-filled on the Form 601, but should be updated if necessary.
Any other additional information should be provided by uploading a file,
selecting Attachment Type "Other" and entering "**Exhibit D: Agreements
& Other Instruments**" in the Description field on the Attachments page.

**Other Agreements.** To comply with the requirements of sections
1.2110(j) and 1.2112(b)(2)(iii)-(iv), (vi)-(vii) of the Commission's
rules, 47 C.F.R. §§ 1.2110(j), 1.2112(b)(2)(iii)-(iv), (vi)-(vii), all
agreements must be listed on the FCC Form 601 and applicants must
provide a summary of these agreements. Applicants must list, summarize,
and provide the dates on which they entered into all agreements that
support the applicants' designated entity eligibility, including the
establishment of *de facto* and *de jure* control or the presence or
absence of impermissible and attributable material relationships. *See*
47 C.F.R. §§ 1.2110(j), 1.2112(b)(2)(i). Applicants must also list and
summarize any agreements that they have entered into for the lease or
resale/wholesale of any of the spectrum capacity of the licenses and, if
seeking the rural telephone cooperative exemption, all documentation to
establish eligibility pursuant to section 1.2110(b)(3)(iii)(A) of the
Commission's rules. *See* 47 C.F.R. § 1.2112(b)(2)(vi)-(vii). Further,
applicants must list and summarize any investor protection agreements,
including rights of first refusal, supermajority clauses, options, veto
rights, rights to hire and fire employees, and to appoint members to
boards of directors or management committees. *See* 47 C.F.R. §
1.2112(b)(2)(ii). Pursuant to sections 1.2110(j) and 1.2112(b)(2)(i) of
the Commission's rules, such agreements and instruments include, but are
not limited to:

-   Articles of incorporation and bylaws;

-   Shareholder agreements;

-   Voting or other trust agreements;

-   Partnership or LLC agreements;

-   Management agreements;

-   Joint marketing agreements;

-   Franchise agreements;

-   Lease and resale/wholesale agreements; and

-   Any other relevant agreements (including letters of intent), oral or
    written.

Applicants must upload the information in a file, select Attachment Type
"Other" and enter "**Exhibit D: Agreements & Other Instruments**" in the
Description field on the Attachments page. Copies of agreements required
by section 1.2110(j) of the Commission's rules must be included in
Exhibit D.[^19] Applicants with a significant number of reportable
agreements or significantly lengthy agreements can elect to submit a
separate Exhibit D attachment for the summary of agreements and for each
agreement itself. For those applicants with significant upload
requirements, submitting separate agreements would ease the electronic
filing process on ULS. For example, an applicant can submit one
attachment for the list and summary of agreements and upload it with the
caption "Exhibit D: List and Summary of Agreements" and then submit an
attachment for each agreement, *e.g.*, "Exhibit D: LLC Agreement,"
"Exhibit D: Lease Agreement." Applicants may elect to seek
confidentiality for the agreements pursuant to section 0.459 of the
Commission's rules. *See* 47 C.F.R. § 0.459; *see also* discussion of
confidentiality requests under "Confidentiality Requests" below.

### [EXHIBIT E: CONFIDENTIALITY REQUESTS]{.smallcaps} {#exhibit-e-confidentiality-requests .unnumbered}

Applicants should be aware that all information required by the
Commission's rules is necessary to determine the applicants'
qualifications to be a Commission licensee and, as such, will be
available for public inspection. Information that is commercial,
financial, privileged, or that contains a trade secret may be redacted,
and confidentiality may be sought pursuant to section 0.459 of the
Commission's rules. *See* 47 C.F.R. § 0.459. Applicants requesting
confidential treatment for any information required as a condition to
participate in the auction must follow the procedures set out in section
0.459 of the Commission's rules. Because the required information bears
on an applicant's qualifications, the Commission envisions that
confidentiality requests will not be granted routinely.

If an applicant has sought confidential treatment of any information, it
must attach a statement explaining the request and referencing the
particular information for which confidential treatment has been
requested. To provide this information, applicants should upload this
statement as a file, select Attachment Type "Confidentiality" and enter
"**Exhibit E: Confidentiality Requests**" in the Description field on
the Attachments page.

Note: Applicants must select Attachment Type "Confidentiality" for the
particular exhibit for which they are requesting confidential treatment.
Otherwise, the attachment will be available for public inspection.

### EXHIBIT F: WAIVER REQUESTS {#exhibit-f-waiver-requests .unnumbered}

**Note: This part does not apply to tribal lands waiver requests. For
tribal lands bidding credit waiver requests, *see* Section IV, "Exhibit
X: Tribal Lands Bidding Credit Waiver Requests."**

In the event an applicant wishes to file a request for waiver of a
Commission rule, *see* 47 C.F.R. § 1.925, the request should be filed
with the corresponding application. Applicants should upload this waiver
request as a file, select Attachment Type "Waiver" and enter "**Exhibit
F: Waiver Requests**" in the Description field on the Attachments page.

Waiver requests filed after the submission of the FCC Form 601 may
result in a delay of the processing of the application. If a request for
waiver is filed separately from the FCC Form 601, such request must
refer to the corresponding application, including its file number.

**EXHIBIT G: MISCELLANEOUS INFORMATION**

In the event that a winning bidder wishes to provide any additional
information that does not fall within any of the other exhibits, these
documents or files should be submitted by selecting Attachment Type
"Other" and entering "**Exhibit G: Miscellaneous Information**" in the
Description field on the Attachments page.

# IV. INSTRUCTIONS FOR APPLICANTS SEEKING TRIBAL LANDS BIDDING CREDITS {#iv.-instructions-for-applicants-seeking-tribal-lands-bidding-credits .unnumbered}

**Filing the FCC Form 601.** Applicants interested in receiving a tribal
lands bidding credit must apply to do so when initially filing the FCC
Form 601 in ULS (see Section II, "Filing FCC Form 601 Electronically").

1.  Select "Yes" on the page asking if you intend to seek a Tribal Lands
    Bidding Credits.

2.  On the Seek Tribal Lands Bidding Credit page, indicate each channel
    block within each market for which credit is sought by selecting the
    appropriate box. *See* 47 C.F.R. §§ 1.2107(e), 1.2110(f)(3).

All winning bidders, including those winning bidders that apply for a
tribal lands bidding credit, must pay the full amount of the Final
Balance Due shown in Attachment B by the 6:00 p.m. ET **April 17,
2008**, deadline (or no later than 6:00 p.m. ET on **May 1, 2008**,
along with the five percent late fee required by section 1.2109(a) of
the Commission's rules).[^20] If an applicant's request for a tribal
lands bidding credit is approved, the Commission will contact the
applicant to discuss how the tribal lands bidding credit will be
applied.

For a list of the tribal lands in each geographic area, go to the
Auction Website at **<http://wireless.fcc.gov/auctions>** and click on
"Tribal Lands Credits," then click on "Cross References." Additional
information regarding tribal lands bidding credits is available at the
above-referenced website. For additional information on the tribal lands
bidding credit, applicants should review the Commission's rulemaking
proceeding regarding tribal lands bidding credits and related public
notices.[^21]

Applicants indicating that they intend to serve a qualifying tribal land
in any market(s) listed on the application will have an additional 180
days after the FCC Form 601 deadline within which to secure the
necessary certifications from tribal authorities. *See* 47 C.F.R.
§ 1.2110(f)(3)(ii). Within this 180-day period, applicants must amend
their FCC Form 601 to (1) select the tribal lands to be served, (2)
provide the requisite tribal government certifications, and (3) provide
the applicant certification that it will, among other things, comply
with the construction requirements set forth in 47 C.F.R. §
1.2110(f)(3)(vii). An applicant may provide the certifications when
initially filing the FCC Form 601 or, after the filing window, an
applicant may re-enter ULS and update the FCC Form 601 to provide the
certifications. (See the instructions, "Updating the Tribal Lands
Information through Electronic Filing" below.) Applicants seeking a
tribal lands bidding credit for some, but not all, markets in which they
were the winning bidder are encouraged to submit two applications. One
application will include markets in which the applicant intends to apply
for a tribal lands bidding credit. The other application will include
those markets in which the applicant is not seeking a tribal lands
bidding credit.

Any applicant that intends to apply for tribal lands bidding credits in
one or more markets must do so by the filing deadline for the FCC Forms
601 (*i.e.*, by **April 3, 2008**). Applicants will not be permitted to
amend their applications after the filing deadline to indicate that they
intend to seek a tribal lands bidding credit for any market. However, it
is possible for applicants to update an application to indicate that
they no longer intend to seek a tribal lands bidding credit in a
particular market. Applicants that elect to seek the tribal lands
bidding credit when they initially submit the FCC Form 601, but then
subsequently decide not to seek the credit, should update their
applications to delete the request for the tribal lands bidding credit.

**Updating the Tribal Lands Information through Electronic Filing.** To
update a FCC Form 601 during the filing window (before it has been
submitted to the FCC), see "Updating an Application" in Section II
above. To update a Form 601 application for tribal lands certification
after it has been officially received by the Commission (within the
180-day period), the applicant must re-enter ULS. *See* 47 C.F.R. §
1.2110(f)(3)(ii).

1.  Access ULS through the Internet at
    [**http://wireless.fcc.gov/uls**](http://wireless.fcc.gov/uls).
    Select the **Online Filing** button from this page.

2.  At the Log In page, enter the applicant's FRN and password. Click
    **Submit**.

3.  Choose the My Applications link from the left side of the page. Then
    choose the Pending applications link.

4.  Click on the file number of your application to view the Application
    At a Glance page. Click the Update link from the Work on This
    Application menu on the right side of the page to access Form 601.

5.  Proceed through the application pages using the **Continue** button
    at the bottom of each page until you reach the Tribal Lands Secured
    Certifications page. Answer "Yes" to the question on this page and
    provide an attachment using the Attachments link at the top of the
    page. For each market where a tribal lands bidding credit is being
    sought, the applicant must attach a signed, tribal government
    certification from each of the federally recognized tribal
    governments and an applicant certification. *See* "**Exhibit Y:
    Tribal Government Certification**" and "**Exhibit Z: Tribal Lands
    Bidding Credit Applicant Certification**." Click **Continue**.

6.  For each market contained in the application where you indicated an
    intent to serve tribal lands, a Select Tribal Lands page will be
    presented providing the names of the federally recognized tribal
    lands within the market and the square kilometers of the tribal land
    within the market. Select the checkbox for each tribal land you want
    to include in your request and for which you have the tribal
    government certifications, and then click **Calculate** to see the
    credit amount you may be granted. To add a new federally-recognized
    tribal land to this market, select **Add.**

7.  The Tribal Lands Bidding Credit Summary page will display the
    calculated credit and any additional credit requested for each
    channel block. Click **Continue.**

8.  If you are requesting a tribal lands bidding credit in more than one
    market, repeat steps 6 and 7 above for each market.

9.  Proceed through the remainder of the application pages using the
    **Continue** button at the bottom of each page to the
    **Certification** page. Certify your application and select **Submit
    Application**. You will receive a confirmation page. Note the file
    number for your records. You may use the link at the top left of the
    page to logout.

ULS will calculate the bidding credit amount for each market
automatically, according to the size (in square kilometers) of the
tribal territory within the market, and in compliance with the bidding
credit limit. *See* 47 C.F.R. § 1.2110(f)(3)(iii), (iv). If multiple
spectrum blocks are won in the same market, the winning bid amounts for
the spectrum blocks serving tribal lands will be aggregated and the
bidding credit limit will be applied against the aggregated amount.[^22]

If the applicant is seeking a bidding credit in excess of the amount
calculated pursuant to section 1.2110(f)(3), the applicant must submit a
waiver request, pursuant to section 1.925 of the Commission's Rules.
*See* 47 C.F.R. § 1.925. Each waiver request will be evaluated on a
case-by-case basis. *See* "**Exhibit X: Tribal Lands Bidding Credit
Waiver Requests**."

### Exhibit X: Tribal Lands BIDDING CREDIT Waiver Requests  {#exhibit-x-tribal-lands-bidding-credit-waiver-requests .unnumbered}

**Request for an additional bidding credit**: If the applicant is
seeking a credit in excess of the amount calculated according to section
1.2110(f)(3), the applicant must submit a waiver request, pursuant to
section 1.925 of the Commission's rules. *See* 47 C.F.R. § 1.925. These
waiver requests are subject to the percentage cap on tribal lands
bidding credits, and waivers will not be granted in excess of the
applicable cap. This waiver request must demonstrate that the
infrastructure costs exceed the amount of the standard bidding credit as
calculated by ULS. The applicant will need to supply a detailed showing
of the projected infrastructure costs, including a certification by an
independent auditor that the estimated costs are reasonable. Each tribal
land waiver request should be attached separately by selecting
Attachment Type "Tribal Lands Waiver Requests" and entering "**Exhibit
X: Tribal Lands Bidding Credit Waiver Requests**" in the Description
Field on the Attachments page. In addition, the Description Field should
indicate the market and tribal lands to which the waiver request
pertains (*e.g.*, Exhibit X: Tribal Lands Waiver Requests ("WY-CMA124-B
Santa Barbara, CA, Santa Ynez Reservation")).

### Exhibit Y: Tribal Government Certification {#exhibit-y-tribal-government-certification .unnumbered}

Within the 180-day period following the FCC Form 601 filing deadline,
the applicant must amend its FCC Form 601 to select the tribal lands it
intends to serve and to provide the required tribal government
certifications for each tribal land selected. *See* 47 C.F.R. §
1.2110(f)(3)(ii)(A). The tribal government certifications **must be
signed** by an officer, allotment owner(s), or corporate officer of the
tribal land, Indian allotment, or Alaska Native land, respectively, and
uploaded as an Adobe PDF file. Each tribal government certification
should be attached separately by selecting Attachment Type "Tribal
Government Certification" and entering "**Exhibit Y: Tribal Government
Certification**" in the Description Field on the Attachments page. In
addition, the Description Field should indicate the market and tribal
lands to which the certification pertains (*e.g.*, "Exhibit Y: Tribal
Government Certification (WY-CMA124-B Santa Barbara, CA, Santa Ynez
Reservation)").

A tribal government certification must state that:

1.  The tribal area to be served by the winning bidder is a
    federally-recognized Indian tribe's reservation, Pueblo, Colony,
    Alaska Native region, or Indian allotment, and has a wireline
    telephone penetration rate at or below eighty-five (85) percent;
    [^23]

2.  The tribal government has not and will not enter into an exclusive
    contract with the applicant precluding entry by other carriers, and
    will not unreasonably discriminate among wireless carriers seeking
    to provide service on the qualifying tribal land; and

3.  The tribal government will permit the applicant to site facilities
    and provide service on its tribal land.

*See* 47 C.F.R. § 1.2110(f)(3)(ii)(A)(1)-(3).

### Exhibit Z: TRIBAL LANDS BIDDING CREDIT Applicant Certification  {#exhibit-z-tribal-lands-bidding-credit-applicant-certification .unnumbered}

An applicant seeking a tribal lands bidding credit must attach a
certification stating that it will comply with the build out
requirements set forth in section 1.2110(f)(3)(vi) of the Commission's
rules and that it will consult with the tribal government regarding the
siting of facilities and deployment of service on the tribal land. *See*
47 C.F.R. § 1.2110(f)(3)(ii)(B).

# V. FCC FORM 602 -- OWNERSHIP DISCLOSURE INFORMATION {#v.-fcc-form-602-ownership-disclosure-information .unnumbered}

A current FCC Form 602 must be on file with the Commission by the
**April 3, 2008**, deadline for filing the FCC Form 601. *See* 47 C.F.R.
§§ 1.919, 1.2107(f). If an applicant has a complete and accurate FCC
Form 602 on file in ULS, it is not necessary for an applicant to file a
new FCC Form 602. However, applicants are responsible for checking to
ensure that the information on the FCC Form 602 on file with the
Commission is complete and accurate. If the applicant does not have an
FCC Form 602 on file or it is not current, the applicant must file a new
FCC Form 602. If an FCC Form 602 needs to be filed, ULS can pre-fill the
FCC Form 602 with the applicable ownership information from the FCC Form
175. The applicant should confirm that the Ownership Disclosure
information that is copied into the FCC Form 602 is complete and
accurate. *See* 47 C.F.R. §§ 1.919, 1.2112. Applicants are reminded that
any updates to FCC Form 602 must be filed electronically.[^24]

**File FCC Form 602 Ownership Information through Electronic Filing**

1.  Access the ULS homepage, <http://wireless.fcc.gov/uls>, and click
    the **Log In** button in the Online Filing section.

2.  On the next page, enter the FRN and password of the filer and select
    **Continue.** The ULS Online Systems page will appear. **Note:** If
    the Applicant listed on FCC Form 601 is listed as the filer on the
    Ownership filing, provide the same FRN as provided on FCC Form 601.

3.  Click the My Ownership Disclosure Information link in the left-hand
    Task menu.

4.  On the My Ownership Disclosure Filing page, you will see the
    Ownership Disclosure Filing created with the submission of the FCC
    Form 175 marked with a red dot. Select the Filer Name link to update
    any of the ownership information and file the FCC Form 602.

5.  On the Ownership Disclosure Filing page that appears, select the
    Update Filing link in the Work on this Filing menu. The FCC Form 602
    will pre-fill with the applicable ownership information from the FCC
    Form 175 filing.

6.  The Work on this Filing menu will display several update options.
    This is your toolbox for performing action on your ownership filing.
    Use the links as needed, to:

-   View and Edit Filer Information

-   Upload Ownership Disclosure Information

-   Add a Disclosable Interest Holder of the Filer (corresponds to
    questions 1-9 on Schedule A)

-   Add an FCC Regulated Business of the Filer (corresponds to question
    5 on the Main Form)

-   Add an FCC Regulated Business of a Disclosable Interest Holder
    (corresponds to question 10 on Schedule A)

-   Change the Filing Type

-   Certify the Filing

-   Change Cellular Cross Interest

7.  Update necessary information, following the onscreen instructions
    and prompts. To complete your changes, select the **Certify Filing**
    button, which appears at the bottom of the appropriate Ownership
    Filing pages. When the FCC Form 602 filing is submitted
    successfully, a confirmation page will display the filer's FRN, the
    date of submission, and a file number for this filing.

> ULS Ownership Filing displays this Confirmation page for your records.
> We strongly recommend you print a copy of this page. You may print the
> Confirmation page by choosing the Print option from the File menu of
> your Web browser. You may also choose to print a copy of the complete
> FCC Form 602 application you have just submitted by selecting the
> Reference Copy link. Your FCC Form 602 Ownership filing has been given
> a file number. Any future reference to this application must be made
> using the file number.

**Note:** For additional instructions regarding electronic filing of FCC
Form 602 ownership information, use the **Help** button, located on the
top right of any page within Ownership Filing.

**FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT**

You are not required to respond to a collection of information sponsored
by the Federal government, and the government may not conduct or sponsor
this collection, unless it displays a currently valid OMB control number
or if we fail to provide you with this notice. This collection has been
assigned an OMB control number of 3060-0798.

**THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF
1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507.**

[^1]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission\'s Competitive Bidding Rules and
    Procedures, WT Docket No. 05-211, *Report and Order*, 21 FCC Rcd
    891, 911-12 ¶¶ 51-52 (2006) ("*CSEA Report and Order*").

[^2]: 47 C.F.R. § 1.2107(g).

[^3]: *See id.* § 1.2107(g)(1)(i).

[^4]: *See id.* § 1.2107(g)(1)(ii).

[^5]: 47 C.F.R. §§ 1.927, 1.2107(c).

[^6]: Applicants applying for a tribal lands bidding credit, for any
    markets for which they were the winning bidder, must attach all
    tribal government certifications, applicant certifications, and
    waiver exhibits, as applicable, within 180 days of filing their
    long-form application. *See* discussion in Section IV. Applicants do
    not need to include these attachments in applications in which
    tribal lands bidding credits are not being sought. *See* Extending
    Wireless Telecommunications Services to Tribal Lands, *Second Report
    and Order and Second Further Notice of Proposed Rulemaking*, 18 FCC
    Rcd 4775, 4778-79 ¶ 10 (2003) ("*Tribal Lands Second Report and
    Order*").

[^7]: *Id.*

[^8]: *Id.*

[^9]: Rules and Policies on Foreign Participation in the U.S.
    Telecommunications Market, Market Entry and Regulation of
    Foreign-Affiliated Entities, *Report and Order and Order on
    Reconsideration*, 12 FCC Rcd 23891 (1997) ("*Foreign Participation
    Order*"), *Order on Reconsideration*, 15 FCC Rcd 18158 (2000).

[^10]: *Foreign Participation Order*, 12 FCC Rcd at 23891, 23935-42,
    23946, ¶¶ 97‑118, 131 (1997).

[^11]: *Id*.

[^12]: 47 C.F.R. § 1.2105(a)(2)(v), (vi).

[^13]: *Id.* § 1.2110(b)(3)(iv)(B).

[^14]: *See id.* § 1.2107(g)(1)(i); *see also* *CSEA Report and Order*,
    21 FCC Rcd at 911-12 ¶¶ 51-52.

[^15]: If this condition cannot be met because the relevant jurisdiction
    does not have a statute that specifies requirements for organization
    as a cooperative, the applicant must show it is validly organized
    and its articles of incorporation, by-laws and/or other documents
    provide that it operates pursuant to cooperative principles. *Id*.
    § 1.2110(b)(3)(iii)(A)(2).

[^16]: 47 C.F.R. § 1.2110(b)(3)(iii)(A); *see also* Amendment of Part 1
    of the Commission's -- Competitive Bidding Procedures, WT Docket No.
    97-82, *Second Order on Reconsideration of the Third Report and
    Order and Order on Reconsideration of the Fifth Report and Order*,
    18 FCC Rcd 10180, 10190-95 ¶¶ 15-20 (2003); Amendment of Part 1 of
    the Commission's -- Competitive Bidding Procedures, WT Docket No.
    97-82, *Second Order on Reconsideration of the Fifth Report and
    Order*, 20 FCC Rcd 1942 (2005).

[^17]: 47 C.F.R. § 1.2110(b)(3)(iv)(A); Implementation of the Commercial
    Spectrum Enhancement Act and Modernization of the Commission's
    Competitive Bidding Rules and Procedures, WT Docket No. 05-211*,
    Second Report and Order and Second Further Notice of Proposed Rule
    Making*, 21 FCC Rcd 4853, 4759-66 ¶¶ 15-30 (2006) ("*CSEA Second
    Report and Order*"); *see also* Implementation of the Commercial
    Spectrum Enhancement Act and Modernization of the Commission's
    Competitive Bidding Rules and Procedures, WT Docket No. 05-211*,
    Order on Reconsideration of the Second Report and Order*, 21 FCC Rcd
    6703 ¶¶ 15-30 (2006) ("*CSEA Order on Reconsideration*").

[^18]: 47 C.F.R. § 1.2110(b)(3)(iv)(B); *CSEA Second Report and Order*,
    21 FCC Rcd at 4759-66 ¶¶ 15-30; *see also* *CSEA Order on
    Reconsideration*, 21 FCC Rcd at 6703.

[^19]: *Id*. § 1.2110(j) ("\[D\]esignated entities must file with their
    long-form applications a copy of each such agreement.").

[^20]: *Id*. § 1.2109(a).

[^21]: Extending Wireless Telecommunications Services to Tribal Lands,
    *Third Report and Order*, 19 FCC Rcd 17652 (2004) ("*Tribal Lands
    Third Report and Order*"); Extending Wireless Telecommunications
    Services to Tribal

    Lands, *Second Report and Order and Second Further Notice of
    Proposed Rulemaking*, 18 FCC Rcd 4775 (2003) ("*Tribal Lands Second
    Report and Order*"); Extending Wireless Telecommunications Services
    to Tribal Lands, *Report and Order and Further Notice of Proposed
    Rule Making*, 15 FCC Rcd 11794 (2000); Wireless Telecommunications
    Bureau Announces Enhancements to the Universal Licensing System to
    Help Winning Bidders of FCC Auctions File for Tribal Land Bidding
    Credits, *Public Notice*, 16 FCC Rcd 5355 (2001); Wireless
    Telecommunications Bureau Releases Additional Information Regarding
    the Procedures for Obtaining a Tribal Lands Bidding Credit and List
    of Tribal Lands, *Public Notice*, 15 FCC Rcd 24838 (2000) ("*Tribal
    Lands Public Notice*"); Wireless Telecommunications Bureau Announces
    Availability of Bidding Credits For Providing Wireless Services To
    Qualifying Tribal Lands: Tribal Land Bidding Credits To Be Available
    Beginning In Auction No. 36 (800 MHz Specialized Mobile Radio (SMR)
    Lower 80 Channels) And In Future Auctions, *Public Notice*, 15 FCC
    Rcd 18351 (2000).

[^22]: *Tribal Lands Public Notice*, 15 FCC Rcd at 24839.

[^23]: *Tribal Lands Third Report and Order*, 19 FCC Rcd 17652 (2004).

[^24]: Beginning December 10, 2002, electronic filing of FCC Form 602
    via ULS became mandatory. *See* Wireless Telecommunications Bureau
    Reminds Filers of Effective Date for Mandatory Electronic Filing of
    FCC Form 602, *Public Notice*, 17 FCC Rcd 22934 (2002). For more
    information on FCC Form 602, *see* Wireless Telecommunications
    Bureau Announces Revised Version of FCC Form 602 is Now Available,
    *Public Notice*, 17 FCC Rcd 16197 (2002); Wireless
    Telecommunications Bureau Answers Frequently Asked Questions
    Concerning Reporting of Ownership Information on FCC Form 602,
    *Public Notice*, 14 FCC Rcd 8261 (1999).