---
kind: "section"
citation: "47 C.F.R. § 90.709"
title: "47"
number: "90.709"
heading: "Special limitations on amendment of applications and on assignment or transfer of authorizations licensed under this subpart."
url: "https://uscodex.org/cfr/47/90.709"
---

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

- (a) Except as indicated in [paragraph (b)](#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)](/cfr/47/90.725.md?p=a) or [§ 90.725(h)](/cfr/47/90.725.md?p=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](/cfr/47/90.725.md). The assignee or transferee of a Phase I nationwide system is not subject to the entry criteria described in [§ 90.713](/cfr/47/90.713.md).
- (d) A licensee may partially assign any authorization in accordance with [§ 90.1019](/cfr/47/90.1019.md).
- (e) [Reserved]

## Notes

### 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]