Sec. 101.57  Modification of station license.

    (a)(1) Except as provided in Sec. 101.59, and except in the case of 
licenses authorized for operation in the 31,000-31,300 MHz band prior to 
March 11, 1997, and except in the Local Multipoint Distribution Service 
as provided in Sec. 101.61(c)(10), no modification of a license issued 
pursuant to this part (or the facilities described thereunder) may be 
made except upon application to the Commission.
    (2) Notwithstanding the provisions of subparagraph (1) of this 
paragraph, licensees (other than licensees in the Local Television 
Transmission Service) authorized to operate in the 31,000-31,300 MHz 
band prior to March 11, 1997, may submit applications to the Commission 
for modification of such licenses not later than the end of the 15-day 
period following June 30, 1997.
    (b) No application for modification to extend a license construction 
period will be granted for delays caused by lack of financing or for 
lack of site availability. Applications for time extensions for other 
reasons must include a verified statement from the applicant showing 
that the licensee has made diligent efforts to construct the facilities 
and:
    (1) That additional time is required due to circumstances beyond the 
applicant's control, in which case the applicant must describe such 
circumstances and must set forth with specificity and justify the 
precise extension period requested; or
    (2) That there are unique and overriding public interest concerns 
that justify such an extension, in which case the applicant must 
identify such interests and must set forth and justify a precise 
extension period.
    (c) Notwithstanding the provisions of paragraph (b) of this section, 
when a station license has been assigned or transferred pursuant to 
Sec. 101.53, any extension of time will be limited so that the time left 
to construct after Commission grant of the transfer or assignment will 
be no more than the time remaining for construction at the date of the 
filing of the application for transfer or assignment.
    (d) Modification of license is required for the following changes in 
authorized stations:
    (1) Any change in frequencies used;
    (2) Any change in antenna azimuth;
    (3) Any change in antenna beamwidth;
    (4) Any change in antenna or passive repeater location greater than 
1 second or which involves a requirement for special aeronautical study;
    (5) Any change in antenna polarization;
    (6) Any change in antenna height;
    (7) Any change in the size of passive reflectors or repeaters 
associated with the facilities of an authorized station;
    (8) Any increase in emission bandwidth beyond that authorized;
    (9) Any change in the type of emission;
    (10) Any change in authorized equivalent isotropically radiated 
power in excess of 3 dB (a 2-to-1 ratio); or
    (11) Substitution of equipment having a greater frequency tolerance.

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    (e) When the name of the licensee is changed (without changes in the 
ownership, control, or corporate structure), or when the mailing address 
is changed (without changing the authorized location of the fixed 
station) a formal application for modification of license is not 
required. However, the licensee must notify the Commission within thirty 
days of the effective date of these changes. The notice, which may be in 
letter form, must contain the name and address of the licensee as they 
appear in the Commission's records, the new name or address, the call 
signs and classes of all radio stations authorized to the licensee under 
this part and the radio service in which each station is authorized. The 
notice must be sent to the Federal Communications Commission, 
Gettysburg, PA 17325 and a copy must be maintained with the license of 
each station until a new license is issued.
[ 61 FR 26677 , May 28, 1996, as amended at  62 FR 23164 , Apr. 29, 1997]