Sec. 24.439 Transfer of control or assignment of station authorization.
(a) Approval required. Authorizations shall be transferred or
assigned to another party, voluntarily (for example, by contract) or
involuntarily (for example, by death, bankruptcy, or legal disability),
directly or indirectly or by transfer of control of any corporation
holding such authorization, only upon application and approval by the
Commission. A transfer of control or assignment of station authorization
in the narrowband Personal Communications Service is also subject to
Sec. 24.309 (Designated Entities) and Sec. 1.2111 (Assignment or
transfer of control: unjust enrichment).
(1) A change from less than 50% ownership to 50% or more ownership
shall always be considered a transfer of control.
(2) In other situations a controlling interest shall be determined
on a case-by-case basis considering the distribution of ownership, and
the relationships of the owners, including family relationships.
(b) Form required--(1) Assignment.
(i) FCC Form 490 shall be filed to assign a license or permit.
(ii) In the case of involuntary assignment, FCC Form 490 shall be
filed within 30 days of the event causing the assignment.
(2) Transfer of control. (i) FCC Form 490 shall be submitted in
order to transfer control of a corporation holding a license or permit.
(ii) In the case of involuntary transfer of control, FCC Form 490
shall be filed within 30 days of the event causing the transfer.
(3) Form 430. Whenever an application must be filed under paragraph
(a) (1) or (2) of this section, the assignee or transferee shall file
FCC Form 430 (``Common Carrier Radio License Qualification Report'')
unless an accurate report is on file with the Commission.
(4) Notification of completion. The Commission shall be notified by
letter of the date of completion of the assignment or transfer of
control.
(5) If the transfer of control of a license is approved, the new
licensee is held to the original build-out requirement of Sec. 24.103.
(c) In acting upon applications for transfer of control or
assignment, the Commission will not consider whether the public
interest, convenience, and necessity might be served by the transfer or
assignment of the authorization to a person other than the proposed
transferee or assignee.
(d) [Reserved]
Secs. 24.440-24.442 [Reserved]
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