Common use of Identity of Licensee Clause in Contracts

Identity of Licensee. All Microwave Radio Station Licenses issued by the FCC relating to the Initial System of Segments A and B shall be licensed in the name of Incumbent or a wholly-owned subsidiary of Incumbent. All Microwave Radio Station Licenses issued by the FCC relating to any Capacity Expansion on Segments A and B shall be licensed in the name of PathNet or a wholly-owned subsidiary of PathNet. Incumbent shall be permitted to continue to own and be licensed as a private microwave operator at the stations licensed to PathNet relating to Segments A and B of the System, provided that (i) such private licenses are for different frequency pairs than those assigned to the System (including, but not limited to, any Capacity Expansion of the System) and (ii) such private licenses are permitted under the FCC Code.