Attachment C INSTRUCTIONS FOR COMPLETING FCC FORM 600 FCC Form 600: General Requirements In completing the FCC Form 600 either electronically or manually applicants are encouraged to use the format below in submitting the information required by our rules as exhibits. Although the suggested organizational approach is discretionary, submission of the materials in the manner described below should expedite the processing of the FCC Form 600. Applicants bear full responsibility for submission of timely and complete FCC Form 600 applications. Applicants should read the instructions on the FCC Form 600 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 600. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R.  24.820. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R.  1.65. An applicant that fails to submit the required FCC Form 600 application by January 30, 1997, 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 Sections 1.2104 and 24.704 of the Commission's rules. Frivolous Pleadings Pursuant to 47 C.F.R.  1.52, the Commission reminds parties to our proceedings and their attorneys that the Commission intends to fully utilize its authority to discourage and deter the filing of frivolous pleadings. See Public Notice, "Commission Taking Tough Measures Against Frivolous Pleadings," FCC 96-42 (rel. Feb. 9, 1996). Organization of Application and Exhibits Main Form and Schedule A The FCC Form 600 Main Form should be completed in its entirety. However, filers need to complete only Items A1, A2, A3 and A5 on Schedule A of the FCC Form 600, as follows:  Complete Item A1 ("Purpose of Filing") by entering "A" to request an initial authorization for a new system or station.  Complete Item A2 ("Market Designator") with the BTA number of the market.  Complete Item A3 ("Channel Block") with the letter "D," "E" or "F" for the D, E or F block.  Item A5 ("Market Name") should be the market name (for electronic filers, Item A5 will be filled in automatically after Item A2 is completed). EXAMPLE: An applicant for the Milwaukee BTA would insert "B297" into Item A2 and "Milwaukee, WI" into Item A5.  Applicants should ignore Items A4 ("Sub-Market Designator") and A6 through A12 ("Control Points" information). Main Form-Related Exhibits Any exhibits to be attached to an application in response to a question on the FCC Form 600 Main Form or on Schedule A should be identified as specified in the instructions to the FCC Form 600. Please attach those exhibits immediately behind the FCC Form 600 and the Schedule A. Electronic filers should use the attachment icons provided within the electronic filing software to submit these attachments. Where a question on the FCC Form 600 requires the filing of an exhibit, electronic filers should use the attachment icons provided next to the question responses. Rule-Related Exhibits Any exhibits to be attached to an application as a result of our rule requirements should follow any FCC Form 600 Main Form or Schedule A exhibits. Please order and identify these exhibits as follows: Ownership Exhibit A: Direct Owners DEF Required Ownership Exhibit B: Indirect Owners DEF Required Ownership Exhibit C: Ownership DEF Required Exhibit D: Eligibility F Required Exhibit E: Designated Entities F If Applicable Exhibit F: Auction Agreements DEF If Applicable Exhibit G: Confidentiality Requests DEF If Applicable Exhibit H: Agreements & Other Instruments DEF If Applicable Exhibit I: Market Designator DEF If Applicable (Electronic Filers Only) As specified in the instructions to the FCC Form 600, 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. Electronic filers should use the "Attachments" tab for each of these exhibits. There should be a separate attachment file for each electronically-submitted exhibit. That is, electronic filers should label each ownership and eligibility exhibit (as described below) and upload it into the "Attachments" tab as a separate ASCII text (.TXT) file. I. Applicant Identity and Ownership Information (D, E and F Block Applications) Background Section 24.813 of the Commission's rules, 47 C.F.R.  24.813, requires each applicant to make full and complete disclosure with regard to the real party or parties in interest and as to all matters required to be disclosed by the application form. Section 24.813 of the Commission's rules also requires the disclosure of information concerning interests of five percent or more held in businesses by an officer, director, attributable stockholder or key management personnel of the applicant. Applicants should be aware that the Commission amended its rules to (1) exempt from attribution certain insulated limited partnership interests held by institutional investors; and (2) increase from five to ten percent the level at which institutional investors' PCS license ownership interests will be attributed. See Memorandum Opinion and Order, GN Docket No. 90-314, 10 FCC Rcd 7893 (1995). Additionally, Section 24.813(a)(2) was modified to provide that only institutional investors holding interests of ten percent or more in the applicant have to disclose their holdings in the applicant. See 47 C.F.R.  24.813(a)(2). Also, in a separate Order released May 8, 1996, the Wireless Telecommunications Bureau waived the existing Section 24.813(a) disclosure requirements with respect to outside interests held by applicants or investors in businesses that are not land mobile services regulated as Commercial Mobile Radio Service (CMRS) and Private Mobile Radio Service (PMRS). See Order, Waiver of Certain Provision of Sections 24.720 and 24.813 of the Commission's Rules, DA 96-705 (rel. May 8, 1996). See also 47 C.F.R.  20.3 (defining CMRS and PMRS); Second Report and Order, GN Docket No. 93-252, 9 FCC Rcd 1411 (1994), and erratum, Mimeo No. 92486 (rel. March 30, 1994). Applicants should attach the information, certified as truthful, that is required pursuant to Section 24.813(a)(1)-(4) of the Commission's Rules, 47 C.F.R.  24.813(a)(1)-(4), concerning the identity of the applicant (i.e., real party- or parties-in-interest) and ownership interests held in the applicant and in investors in the applicant. Please clearly label additional pages to indicate the Exhibit and Item number (see below) to which those pages relate. Electronic filers should complete the "ownership worksheet" provided with the electronic filing software to accurately describe key information about direct and indirect ownership. Ownership Exhibit A: Direct Owners First, attach and label as "Exhibit A: Direct Ownership" a document or series of documents that identifies all persons or entities that directly hold a five percent or more interest in the applicant (except that institutional investors only need to be listed when their direct interest in the applicant is 10 percent or more). For each five (or ten) percent interest holder listed, applicants should provide the following information: Item (1) Name and address: Identify the name and address of the interest holder. If the interest holder is an individual, provide the name and address of that person, and indicate whether the interest holder is a partner, officer, director, or key manager (e.g, CEO, General Manager) of the applicant. If the interest holder is a corporation, provide the name and address of the corporate office and the name and title of an officer, director or authorized contact. If the interest holder is a partnership, provide the name and address of all partners, or the name, title and address of an authorized contact for the partnership. Item (2) Principal Business: Describe the interest holder's principal business. In particular, indicate whether its principal business gives rise to attributable interests in cellular, PCS or Specialized Mobile Radio licenses. Item (3) Relationship to Other Interest Holder: Indicate whether the interest holder is related to any other five percent interest holder by blood or marriage, and provide the name of the related interest holder. Item (4) Percentage Held: Specify the percentage interest held in the applicant based on any combined holdings. Item (5) Amount Held: Specify the amount held (e.g., number of shares of stock) for each type of interest specified. Item (6) Type of Interest Held: Indicate whether the interest held is in the form of stocks, bonds, warrants, partnership, etc. If interests are held in stock, specify the class of stock and any voting rights associated with the stock. If the interests are held in a partnership, indicate whether the interests are limited or general partnership interests. Item (7) Held on Behalf of: If an interest is held in trust, or on behalf of another person or entity, identify the party for whom the interest is held. Item (8) Outside Interests: List any outside business interests of five percent or more held by the interest holder if such interests are held in land mobile radio service providers (i.e., CMRS or PMRS providers). For any CMRS or PMRS businesses listed, describe their business relationship, if any, to the applicant. Institutional investors holding direct interests of 10 percent or more in the applicant must report outside interests of five percent or more in land mobile service providers. Item (9) Citizenship: Indicate whether the interest holder is a U.S citizen or U.S. corporation. If the interest holder is a partnership, indicate whether each partner is a U.S. citizen. If the interest holder is not a U.S. citizen, indicate the holder's citizenship. Applicants should list all foreign partners regardless of whether they are general or limited partners, except that applicants need not list a limited partner: (1) whose level of ownership in the licensee does not exceed the level allowed by Section 310(b) of the Communications Act of 1934, as amended; and (2) who is "insulated" from the management and control of the partnership. See Wilner and Scheiner, 103 FCC 2d 511 (1985), recon. granted in part, 1 FCC Rcd 12 (1986); Implementation of Sections 3(n) and 332 of the Communications Act - Regulatory Treatment of Mobile Services, GN Docket No. 93-252, First Report and Order, 9 FCC Rcd 1056 (1994) at  9 and n.13; see also Amendment of the Commission's Rules to Implement Section 403(k) of the Telecommunications Act of 1996 - Citizenship Requirements, Order, 11 FCC Rcd 13072,  7 (1996). Also, if an interest holder is an alien, check your response to Items 29-33 on the main FCC Form 600. The level of alien ownership in an applicant can trigger the need to attach a separate exhibit explaining the nature and extent of alien or foreign ownership. See 47 U.S.C.  310(b)(3)-(4). If such an exhibit is needed, attach as part of the FCC Form 600 Main Form exhibits, and as indicated in the instructions to the FCC Form 600. Ownership Exhibit B: Indirect Owners Second, attach and label as "Exhibit B: Indirect Ownership" a document or series of documents that identifies all persons or entities that indirectly hold a five percent or more interest in the applicant (the threshold is 10 percent for institutional investors). For each person or entity listed, provide the same information listed in Items (1)-(9) above as is requested for direct interests, including a list of business interests in other CMRS or PMRS providers as specified in Item (9). In addition, create a new Item (10) category as explained below: Item (10) Intervening Interests. Indirect interests can also be held through intervening corporations and other entities. For each indirect interest holder, specify the intervening corporations or other entities from which the indirect five-percent interest (or 10-percent if an institutional investor) in the applicant is derived. In calculating the percentage of indirect ownership in Item (4), be sure to use a multiplier. See Further Order on Reconsideration, GN Docket No. 90-314, 9 FCC Rcd 4441 (1994), as modified in Memorandum Opinion and Order, GN Docket No. 90-314, 10 FCC Rcd 7893 (1995). See also 47 C.F.R.  20.6(d)(8). Note that under the Report and Order, 11 FCC Rcd 7890,  139, the Commission modified its rules to limit the information disclosure requirements with respect to outside ownership interests of applicants' attributable stockholders. We require the disclosure of only attributable stockholders' direct, attributable ownership in other businesses holding or applying for CMRS or PMRS licenses. We also amended Section 24.813(a)(4) to delete the requirement that partnerships file a signed and dated copy of their partnership agreement with their FCC Forms 175 and 600 applications. Therefore, applicants do not need to file copies of partnership agreements. Ownership Exhibit C: Ownership Third, attach and label as "Exhibit C: Ownership" a list of partners, officers, directors and key management personnel of the applicant if not otherwise listed on Ownership Exhibit A. In addition, list outside business interests of five percent or more held by each officer, director, or key management person if such business interests are held in land mobile service providers (i.e., CMRS or PMRS providers). If any CMRS or PMRS businesses are listed, describe their business relationship, if any, to the applicant. II. Applicant Eligibility (F Block Only) Background Section 24.709 of the Commission's rules requires each applicant to demonstrate that it is eligible to participate as a qualified entrepreneur in the F block auction, either because it qualifies under the general rule set forth in 47 C.F.R.  24.709(a) or because it qualifies under an exception set forth in 47 C.F.R.  24.709(b). Applicants for D and E block licenses do not need to submit Exhibit E. Exhibit D: Eligibility If applying for an F block license, attach and label as "Exhibit E: Eligibility" a document or series of documents that certifies as truthful the gross revenues and total assets of the applicant, its affiliates, persons or entities that hold attributable interests in the applicant and their affiliates, as specified in 47 C.F.R.  24.709(a). Identify the applicant's claimed eligibility status and provide the requisite information demonstrating such status as indicated in the following instructions. Eligibility Under the General Rule If applicants claimed to satisfy eligibility under the general rule pursuant to 47 C.F.R.  24.709(a) as entrepreneurs, they must submit the following information: Item (1) Identity of all affiliates: Identify the name of all affiliates of the applicant. An individual or entity is an affiliate of an applicant or of a person holding an attributable interest in an applicant if such individual or entity: (1) directly or indirectly controls or has power to control the applicant, or (2) is directly or indirectly controlled by the applicant, or (3) is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant, or (4) has an "identity in interest" with the applicant, e.g., spouse, kinship, stock ownership. See 47 C.F.R.  24.720(l). Item (2) Gross revenues and total assets: All applicants claiming status as entrepreneurs must submit gross revenue and total assets information. Applicants claiming status under the general rule as an entrepreneur must disclose separately and in the aggregate in Exhibit D whether the applicant, together with its affiliates and persons or entities that hold attributable interests in the applicant and their affiliates, have gross revenues of less than $125 million in each of the last two calendar or fiscal years, and total assets of less than or equal to $500 million at the time of the filing of the applicant's short-form application (FCC Form 175). See Report and Order, 11 FCC Rcd at 7891,  141. Next, list the name(s) of all individuals and entities listed in Ownership Exhibits A and B and those entities' respective gross revenues for the preceding two years and total assets as of August 1, 1996, the filing deadline for the applicant's FCC Form 175. Therefore, for each applicant, affiliate, and investor with attributable interests, there should be a total of three figures: gross revenues for each of the two previous years and total assets as of August 1, 1996. Each applicant that does not otherwise use audited financial statements must provide a certification from its chief financial officer that the gross revenue and asset figures indicated in its FCC Forms 175 and 600 applications are true, full, and accurate, and that the applicant does not have the audited financial statements that are otherwise required under our rules. See 47 C.F.R.  24.720(f) and 24.720(g) of our rules; see also Report and Order, 11 FCC Rcd at 7891,  140. Eligibility Under an Exception to the General Rule: Control Group Structures, Publicly-Traded Corporations, and Small Business Consortia If applicants claimed to satisfy eligibility under an exception to the general rule pursuant to 47 C.F.R.  24.709(b) as a control group structure, publicly-traded corporation, or small business consortium, they must submit the following information: Control Group Structure If applicants applied as a control group structure, they must submit the following general information: Item (1) Identity of all affiliates: Identify the name of all affiliates of the applicant. An individual or entity is an affiliate of an applicant or of a person holding an attributable interest in an applicant if such individual or entity: (1) directly or indirectly controls or has power to control the applicant, or (2) is directly or indirectly controlled by the applicant, or (3) is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant, or (4) has an "identity in interest" with the applicant, e.g., spouse, kinship, stock ownership. See 47 C.F.R.  24.720(l). Item (2) Identity and Status of Control Group: Identify each member of the applicant's control group, regardless of the size of each member's total interest in the applicant, and the percentage and type of interest held. In addition, identify each control group member that is an institutional investor, an existing investor, and or a member of the applicant's management. See 47 C.F.R.  24.709(c)(1)(ii)(A) and (C); 47 C.F.R.  24.720. Item (3) Gross revenues: Compute and indicate gross revenues and total assets as per instructions outlined in Item (2) of "Eligibility Under the General Rule" (above). However, the gross revenues and total assets of a person or entity that holds an interest in the applicant (or licensee), and its affiliates, shall not be considered. Item (4) Certification: Submit a certification that the applicant's sole control group member is a pre-existing entity if the applicant is making that election pursuant to 47 C.F.R.  24.709(b)(6)(ii). See also 47 C.F.R.  24.720(o). Publicly Traded Corporation If applicants applied as a publicly traded corporation with widely dispersed voting power, they must submit the following information: Item (1) Certified statement: Submit a certified statement that such applicant is a business entity organized under the laws of the United States: (1) whose shares, debt, or other ownership interests are traded on an organized securities exchange within the United States, (2) in which no person owns more than 15 percent of the equity, or possesses directly or indirectly, through the ownership of voting securities, by contract or otherwise, the power to control the election of more than 15 percent of the members of the board of directors or other governing body of such publicly traded corporation, and (3) over which no person other than the management and members of the board of directors or other governing body of such publicly traded corporation, in their capacities as such, has de facto control. See 47 C.F.R.  24.720(m); 47 C.F.R.  24.709(c)(1)(i)(A). Person shall be defined as in section 13(d) of the Securities and Exchange Act of 1934, as amended (15 U.S.C. 78(m)), and shall also include investors that are commonly controlled under the indicia of control set forth in the definition of affiliate pursuant to Section 24.720(l) of the Commission's rules. Item (2) Identity of all affiliates: Identify the name of all affiliates of the applicant. An individual or entity is an affiliate of an applicant or of a person holding an attributable interest in an applicant if such individual or entity: (1) directly or indirectly controls or has power to control the applicant, or (2) is directly or indirectly controlled by the applicant, or (3) is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant, or (4) has an "identity in interest" with the applicant, e.g., spouse, kinship, stock ownership. See 47 C.F.R.  24.720(l). Item (3) Gross revenues: Compute and indicate gross revenues and total assets as per our instructions outlined in Item (2) of "Eligibility Under the General Rule" (above). However, the gross revenues and total assets of a person or entity that holds a nonattributable interest in the applicant (or licensee), and its affiliates, shall not be considered. Small Business Consortia For those applicants that applied as small business consortia as defined in 47 C.F.R.  24.720(b)(3), the following information must be submitted for each small business: Item (1) Identity of all affiliates: Identify the names of all affiliates of the applicant. An individual or entity is an affiliate of an applicant or of a person holding an attributable interest in an applicant if such individual or entity: (1) directly or indirectly controls or has power to control the applicant, or (2) is directly or indirectly controlled by the applicant, or (3) is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant, or (4) has an "identity in interest" with the applicant, e.g., spouse, kinship, stock ownership. See 47 C.F.R.  24.720(l). Item (2) Identity and status of control group: Identify each member of the applicant's control group, regardless of the size of each member's total interest in the applicant, and the percentage and type of interest held. In addition, identify each control group member that is an institutional investor, an existing investor, and or a member of the applicant's management. See 47 C.F.R.  24.709(c)(1)(ii)(A) and (C); 47 C.F.R.  24.720(k). Item (3) Gross revenues: Compute and indicate gross revenues and total assets as per our instructions outlined in Item (2) of "Eligibility Under the General Rule" (above). However, for applicants who applied as small business consortia, the gross revenues and total assets of each small business shall not be aggregated. That is, each small business entity comprising the small business consortia must qualify and show gross revenues and total assets separately. See 47 C.F.R.  24.709(b)(1). Item (4) Certification: Submit a certification that the applicant's sole control group member is a pre-existing entity if the applicant is making that election pursuant to Sections 47 C.F.R.  24.709(b)(5)(ii) or (b)(6)(ii). See also 47 C.F.R.  24.720. III. Designated Entities Information Eligible applicants who qualify as a small business, a very small business or rural telephone company as specified in 47 C.F.R.  24.720(b) and (e) are required to make the following submissions. Exhibit E: Designated Entities (Small Businesses, Very Small Businesses and Rural Telephone Companies) Applicants should attach and label as "Exhibit E: Designated Entities" information, certified as truthful, concerning the applicant's status as a small business, very small business or rural telephone company required pursuant to 47 C.F.R.  24.709. Small Business Applicants claiming status as a small business must compute gross revenues in accordance with 47 C.F.R.  24.720(b)(1) to demonstrate status as a small business under our rules. A small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average annual gross revenues that are not more than $40 million for the preceding three years. Gross revenues for each year should be separately identified and followed by the computed average total gross revenues over those years. For purposes of determining whether an entity meets $40 million average annual gross revenues size, the gross revenues of the entity, its affiliates, persons or entities holding interests in the entity and their affiliates shall be considered on a cumulative basis and aggregated, subject to the exception set forth in Section 24.709(b). The status of the applicant as a minority-owned or women-owned business also is requested, but for statistical purposes only. Very Small Businesses Applicants claiming status as a very small business must compute gross revenues in accordance with 47 C.F.R.  24.720(b)(2) to demonstrate status as a very small business under our rules. A very small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average annual gross revenues that are not more than $15 million for the preceding three years. Gross revenues for each year should be separately identified and followed by the computed average total gross revenues over those years. For purposes of determining whether an entity meets $15 million average annual gross revenues size, the gross revenues of the entity, its affiliates, persons or entities holding interests in the entity and their affiliates shall be considered on a cumulative basis and aggregated, subject to the exception set forth in Section 24.709(b). The status of the applicant as a minority-owned or women-owned business also is requested, but for statistical purposes only. Rural Telephone Company Applicants claiming status as a rural telephone company must certify that they meet the definition set forth in 47 C.F.R.  24.720(e). We note that in the Report and Order, we modified the definition of a rural telephone company to comply with the definition contained in the 1996 Telecommunications Act. A rural telephone company is therefore defined as follows: Rural telephone company: The term "rural telephone company" means a local exchange carrier operating entity to the extent that such entity: (A) Provides common carrier service to any local exchange carrier study area that does not include either: (i) Any incorporated place of 10,000 inhabitants or more, or any party therefore, based on the most recently available population statistics of the Bureau of the Census; or (ii) Any territory, incorporated or unincorporated, included in an urbanized area, as defined by the Bureau of the Census as of August 10, 1993; (B) Provides telephone exchange service, including exchange access, to fewer than 50,000 access lines; (C) Provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or (D) Has less than 15 percent of its access lines in communities of more than 50,000 on the date of enactment of the Telecommunications Act of 1996. 47 U.S.C.  153 (37); see also 47 C.F.R.  24.720(e). Partitioning and Disaggregation Additionally, we note that the Commission recently modified its rules to allow the partitioning and disaggregation of all broadband PCS licenses. Therefore, any winning bidder for a D, E, or F block license may partition its license pursuant to these new procedures. See Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees, Implementation of Section 257 of the Communications Act - Elimination of Market Entry Barriers, FCC 96-474, Report and Order and Further Notice of Proposed Rule Making (rel. Dec. 20, 1996). IV. Auction Agreements Applicants should attach and label as "Exhibit F: Agreements" a detailed explanation of the terms and conditions and parties involved in any bidding consortia, joint venture, partnerships or other agreement or arrangement into which the applicant has entered relating to the competitive bidding process prior to the time the bidding was completed. See 47 C.F.R.  1.2107(d). To comply with this requirement, applicants can either submit the agreements themselves, or can submit a detailed description of those agreements with proprietary information excluded. If applicants choose to submit the agreements, they can redact proprietary information or can seek confidentiality for those documents pursuant to Section 0.459 of the Commission's Rules (see discussion of confidentiality requests under "Confidentiality Requests" Section V, below). V. Confidentiality Requests Applicants should be aware that all information required by the Commission's rules in connection with applications to participate in spectrum auctions is necessary to determine the applicants' qualifications and, as such, will be available for public inspection. Required proprietary information may be redacted, or confidentiality can be sought pursuant to Section 0.459 of the Commission's rules, 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, 47 C.F.R.  0.459. If an applicant has sought confidential treatment of any information, it should attach and label as "Exhibit G: Confidentiality Requests" a statement which references the request; otherwise Exhibit G should be omitted. Any such requests must be manually submitted, even if the winning bidder chooses to file electronically. If filing electronically, the winning bidder must indicate in an electronic exhibit (Exhibit G) that it has a confidentiality request on file. Because the required information bears on an applicant's qualifications, the Commission envisions that confidentiality requests will not be routinely granted. An applicant's request for confidentiality must include a demonstration that it would suffer substantial competitive harm from the public disclosure of the confidential information. VI. Agreements and Other Instruments Applicants should attach and label as "Exhibit H: Agreements and Other Instruments" an exhibit listing and summarizing all agreements or other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility for a license in the F block and its eligibility under 47 C.F.R.  24.709, including the establishment of de facto and de jure control. Such agreements and instruments include articles of incorporation and bylaws, shareholder agreements, voting or other trust agreements, partnership agreements, management agreements, joint marketing agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written. See 47 C.F.R.  24.709(c)(2)(ii); see also Public Notice, "C Block Bidders Reminded to Consider Distinctions Between Debt and Equity For Foreign Ownership and Broadband PCS Auction Rules" (rel. April 15, 1996). Applicants must also list and summarize in Exhibit H any investor protection agreements and list specifically any such provisions in those agreements identified pursuant to Section 24.709(c)(2)(ii) of the Commission's rules, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees. See 47 C.F.R.  24.709(c)(2)(ii) and (iii). VII. Market Designator Only electronic filers submitting single applications for multiple markets should attach and label as "Exhibit I: Market Designator" a list of the additional market designators (other than the market already listed in Schedule A) that the single application covers. This exhibit should not include the market name(s) associated with the market designator(s) listed in Exhibit I. VIII. Waivers/Divestiture Plans Waivers In the event a winning bidder wishes to file a request for waiver, all such requests should be filed with the corresponding application. Winning bidders filing electronically should submit waiver requests using the "Waiver" tab. Manual filers should attach a copy of any waiver requests at the end of their FCC Form 600. Waiver requests filed after the submission of the FCC Form 600 may result in a delay of the processing of the application. If a request for waiver is filed separately from the FCC Form 600, such request must reference the corresponding application. Divestiture Plans In the Report and Order, the Commission eliminated the cellular/PCS cross-ownership rules. Report and Order, and instead adopted one overall 45 MHz spectrum cap, which applies to all CMRS licenses. 11 FCC Rcd at 7869,  94-95. However, the Commission retained the rule that restricts an overlap between a licensee's Cellular Geographic Service Area (CGSA) and the PCS service area. Report and Order, 11 FCC Rcd 7876,  107. The Commission stated that in situations in which the CGSA/PCS service area overlap exceeds ten percent but is less than 20 percent, it would allow post-auction divestitures. Id. Therefore, any parties sharing a common non-controlling ownership interest who aggregate more PCS spectrum among them than a single entity is entitled to hold (see 47 C.F.R.  20.6(e), 24.710, 24.204, and 24.229(c)) will be permitted to divest sufficient properties within 90 days of the license grant to come into compliance with the spectrum aggregation limits. See 47 C.F.R.  24.833. Additionally, PCS providers will no longer be restricted to a less than five-percent ownership interest in cellular and other PCS licensees in order to avoid attribution under our rules, but are subject to a more liberal 20 percent attribution level for all CMRS licenses. Report and Order at 7875,  105. If an applicant is unable to certify to compliance with the CMRS spectrum aggregation limit (47 C.F.R.  20.6), it should attach a signed statement that describes the applicant's efforts to date and future plans to come into compliance with the rules through divestiture of prohibited properties. See 47 C.F.R.  20.6(e)-(f). The statement must indicate that sufficient properties will be divested within 90 days of license grant to meet our requirements. See 47 C.F.R.  24.833. If divestiture is required, the Commission will condition grant of the application on the licensee coming into compliance with our requirements. For purposes of satisfying the above signature requirement, the typed name of either the applicant or the applicant's authorized representative will suffice. For electronic filers, all divestiture requests should be submitted utilizing the area designated for Divestiture. This area can be accessed by selecting the "Divestiture" tab of the electronic filing software.