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§90.709. Special limitations on amendment of applications and on assignment or transfer of authorizations licensed under this subpart.

47 C.F.R. § 90.709

(a)
Except as indicated in paragraph (b) of this section, the Commission will not consent to the following:
(1)
Any request to amend an application so as to substitute a new entity as the applicant;
(2)
Any application to assign or transfer a license for a Phase I, non-nationwide system prior to the completion of construction of facilities; or
(3)
Any application to transfer or assign a license for a Phase I nationwide system before the licensee has constructed at least 40 percent of the proposed system pursuant to the provisions of § 90.725(a) or § 90.725(h), as applicable.
(b)
The Commission will grant the applications described in paragrpah (a) of this section if:
(1)
the request to amend an application or to transfer or assign a license does not involve a substantial change in the ownership or control or the applicant; or
(2)
The changes in the ownership or control of the applciant are involuntary due to the original applicant's insolvency, bankruptcy, incapacity, or death.
(c)
The assignee or transferee of a Phase I nationwide system is subject to the construction benchmarks and reporting requirements of § 90.725. The assignee or transferee of a Phase I nationwide system is not subject to the entry criteria described in § 90.713.
(d)
A licensee may partially assign any authorization in accordance with § 90.1019.
(e)
[Reserved]
Notes, amendments, and revision history

Amendments

[56 FR 19603, Apr. 29, 1991, as amended at 57 FR 32449, July 22, 1992; 62 FR 15993, Apr. 3, 1997; 63 FR 49295, Sept. 15, 1998; 91 FR 37046, June 22, 2026]

Source

Source: 56 FR 19603, Apr. 29, 1991, unless otherwise noted.

Authority

Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), 1401-1473

Source

Source: 43 FR 54791, Nov. 22, 1978, unless otherwise noted.

Amendments

[56 FR 19603, Apr. 29, 1991, as amended at 57 FR 32449, July 22, 1992; 62 FR 15993, Apr. 3, 1997; 63 FR 49295, Sept. 15, 1998; 91 FR 37046, June 22, 2026]