View all text of Subpart EE [§ 1.60000 - § 1.60007]
§ 1.60001 - Definitions.
The following definitions are applicable to the ECIP.
(a) Affiliate. A person holding an attributable interest in an applicant if such individual or entity:
(1) Directly or indirectly controls or has the 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 of interest” with the applicant.
Note 1 to paragraph (a).See §§ 1.2110 and 1.2112(a)(1) through (7) for further clarification on determining affiliation.
(b) Qualifying transaction. A transaction between unaffiliated parties involving a partition and/or disaggregation, long-term leasing arrangement, or full assignment that meets the requirements of either the small carrier or Tribal Nation transaction prong pursuant to § 1.60003 or the rural-focused transaction prong pursuant to § 1.60004.
(c) Qualifying geography. Qualifying Geography is the minimum geography threshold required for the rural-focused transaction prong.
(d) Rural area. Rural area is any area except:
(1) A city, town, or incorporated area that has a population of more than 20,000 inhabitants; or
(2) An urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants.
(e) Small carrier. A small carrier is a carrier, defined as any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy in section 3 of the Communications Act of 1934 (47 U.S.C. 153), that:
(1) Has not more than 1,500 employees (as determined under 13 CFR 121.106); and
(2) Offers services using the facilities of the carrier.
(f) Transaction geography. Transaction Geography is the total geography included in a Qualifying Transaction.
(g) Tribal nation. A Tribal Nation is any federally-recognized American Indian Tribe and Alaska Native Village, the consortia of federally recognized Tribes and/or Native Villages, and other entities controlled and majority-owned by such Tribes or consortia.