FOR RECORD ONLY $//PN,Fixed microwave tax certificates,DA 95-1659//$ RELEASED: July 27, 1995 FIXED MICROWAVE INCUMBENT LICENSEES MAY APPLY FOR TAX CERTIFICATES BY CERTIFYING SALE OF STATIONS TO PCS LICENSEES In Redevelopment of Spectrum to Encourage Innovation in the Use of New Telecommunications Technologies, ET Docket No. 92-9, the Federal Communications Commission established rules and procedures to make spectrum available to emerging technology licensees in the Personal Communications Service. In connection with this goal, and as authorized by Congress, the Commission will give a tax certificate to an incumbent microwave licensee in the 1850-1990 MHz frequency band who consummates a frequency assignment agreement with the licensed PCS operator in the microwave licensee's geographic service area prior to January 1, 2000. The Commission will not grant a tax certificate to incumbent microwave licensees forced to relocate or which reach agreements after the mandatory negotiation period has commenced. Id., Memorandum Opinion and Order, 9 FCC Rcd 1943, para. 46. The Private Wireless Division will administer requests for the tax certificates. Fixed microwave entities who wish to apply for a tax certificate under Section 1071 of the Internal Revenue Code should provide the following certification to the Federal Communications Commission, Wireless Telecommunications Bureau, Private Wireless Division, 2025 M Street, N.W., Suite 8010, Washington, D.C., 20554: The undersigned, under penalty of perjury, certify to the Federal Communications Commission and to the Internal Revenue Service as follows: Assignor, [name], was the licensee in good standing of [station call signs, locations and frequencies] up to the time of transfer of the listed stations; Assignee, [name], is a licensee in good standing in the Personal Communications Service, [call sign, date of license issue]; The Assignor and Assignee entered into an agreement on [date] to transfer control of the frequencies listed above to Assignee in PCS market [market number and name]; The date of this agreement was within the voluntary relocation period for fixed microwave licensees established by the Federal Communications Commission; The agreement thus entered into constitutes the full and complete agreement between the Assignor and Assignee concerning the above-listed fixed microwave stations; The agreement was consummated on [date]. Both the Assignor and the Assignee must sign and date the certification; each signatory must also render a typewritten name, title, company affiliation, the company's IRS identification number, and the signatory's business telephone number in a block after the signature. The Commission may deny tax certificate requests which fail to include any of the above information. For further information, contact Sonia Greenaway, Private Wireless Division, Wireless Telecommunications Bureau, at (202) 418-0870. -FCC-