Sec. 22.943  Limitations on assignments and transfers of cellular 
          authorizations.

    The following limitations apply to applications for consent to 
transfer of control or assignment of authorizations in the Cellular 
Radiotelephone Service.
    (a) Trafficking. Applications for consent to transfer of control or 
assignment of authorization in the Cellular Radiotelephone Service are 
subject to the provisions of Sec. 22.139, except for:
    (1) Applications reflecting the trading of an ownership interest in 
an authorized but unconstructed cellular

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system in one market for a commensurate interest in a cellular system in 
another market; and,
    (2) Applications for consent to transfer of control or assignment of 
a cellular authorization obtained by random selection, after 
commencement of service.
    (b) Unserved area systems. Except as otherwise provided in paragraph 
(b)(2) of this section, the FCC does not accept applications for consent 
to transfer of control or assignment of the authorization of a cellular 
system licensed to serve an unserved area until the system has provided 
service to subscribers for at least one year.
    (1) Licensees must not enter into any agreement (e.g. option 
agreement or management contract) to transfer control of the licensee of 
the system until the system has provided service to subscribers for one 
year.
    (2) The FCC may accept that grant applications for consent to 
transfer of control or for assignment of authorization if the transfer 
or assignment is pro forma and does not involve a change in ownership.
    (3) An applicant seeking approval for a transfer of control or 
assignment (otherwise permitted under the Commission's Rules, 47 CFR 
chapter I) of a license within three years of receiving a new license 
through a competitive bidding procedure must, together with its 
application for transfer of control or assignment, file with the 
Commission a statement indicating that its license was obtained through 
competitive bidding. Such applicant must also file with the Commission 
the other documents and information set forth in Sec. 1.2111 of this 
chapter.
    (c) Systems authorized as result of comparative renewal proceeding. 
Except as otherwise provided in paragraphs (c)(1), (c)(2) and (c)(3) of 
this section, the FCC does not accept applications for consent to 
transfer of control or for assignment of the authorization of a cellular 
system that has been acquired by the current licensee for the first time 
as a result of a comparative renewal proceeding until the system has 
provided service to subscribers for at least three years.
    (1) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of the authorization of a cellular 
system that is to be transferred as a part of a bona fide sale of an on-
going business to which the cellular operation is incidental.
    (2) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of the authorization of a cellular 
system that is to be transferred as a result of the death of the 
licensee.
    (3) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of authorization if the transfer 
or assignment is pro forma and does not involve a change in ownership.
[ 59 FR 59507 , Nov. 17, 1994, as amended at  61 FR 58339 , Nov. 14, 1996]