Definitions.

§ 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 § 1.60002 or the rural-focused transaction prong pursuant to § 1.60003. (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. [87 FR 57417, Sept. 20, 2022] Effective Date Note: At 87 FR 57417, Sept. 20, 2022, § 1.60001 of subpart EE was added. This action was delayed indefinitely.