; and (B) with respect to the Tribal lands or Hawaiian Home Lands over which authority to use such spectrum is requested under paragraph (1), is not assigned to any licensee. (c) Definitions In this section: (1) Commission The term Commission means the Federal Communications Commission. (2) Hawaiian Home Lands The term Hawaiian Home Lands means lands held in trust for Native Hawaiians by Hawaii pursuant to the Hawaiian Homes Commission Act, 1920. (3) Indian Tribe The term Indian Tribe means any individually identified and federally recognized Indian or Alaska Native Tribe, band, nation, pueblo, village, community, affiliated tribal group, or component reservation on the list published pursuant to the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 et seq.). (4) Qualifying Tribal entity The term qualifying Tribal entity means an entity designated by the Indian Tribe with jurisdiction over particular Tribal lands for which the spectrum access is sought. The following may be designated as a qualifying Tribal entity: (A) Indian Tribes. (B) Tribal consortia which consists of two or more Indian Tribes, or an Indian Tribe and an entity that is more than 50 percent owned and controlled by one or more Indian Tribes. (C) Federally chartered Tribal corporations created under section 17 of the Indian Reorganization Act ( 25 U.S.C. 5124 ), and created under section 4 of the Oklahoma Indian Welfare Act ( 25 U.S.C. 5204 ). (D) Entities that are more than 50 percent owned and controlled by an Indian Tribe or Indian Tribes. (5) Entity that is more than 50 percent owned and controlled by one or more Indian Tribes The term entity that is more than 50 percent owned and controlled by one or more Indian Tribes means an entity over which one or more Indian Tribes have both de facto and de jure control of the entity. De jure control of the entity is evidenced by ownership of greater than 50 percent of the voting stock of a corporation, or in the case of a partnership, general partnership interests. De facto control