Sec. 73.3535  Application to modify authorized but unbuilt facilities, 
          or to assign or transfer control of an unbuilt facility.

    (a) If a permittee finds it necessary to file either an application 
to modify its authorized, but unbuilt facilities, or an assignment/
transfer application, such application shall be filed within the first 9 
months of the issuance of the original construction permit for radio and 
other broadcast and auxiliary stations, or within 12 months of the 
issuance of the original construction permit for television facilities. 
Before such an application can be granted, the permittee or assignee 
must certify that it will immediately begin building after the 
modification is granted or the assignment is consummated.
    (b) Modification and assignment applications filed after the time 
periods stated in paragraph (a) will not be granted absent a showing 
that one of the following three criteria apply: (1) Construction is 
complete and testing is underway looking toward prompt filing of a 
license application; (2) substantial progress has been made i.e., 
demonstration that equipment is on order or on hand, site acquired, site 
cleared and construction proceeding toward completion; or (3) no 
progress has been made for reasons clearly beyond the control of the 
permittee (such as delays caused by governmental budgetary processes and 
zoning problems) but the permittee has taken all possible steps to 
expeditiously resolve the problem and proceed with construction. A 
certification by the permittee or the assignee that it immediately will 
begin building after the modification is granted or the assignment is 
consummated is also necessary. A seller must make the ``one of three 
criteria'' showing in an assignment application.
    (c) If a modification is granted, the time period allowed for 
construction will be 6 months from the issuance of the authorization to 
modify or the remainder of the construction period, whichever is longer. 
Also, in the case of an assignment, the time period allowed for 
construction will be 12 months from the consummation of the assignment 
or the remainder of the construction period, whichever is longer. The 
extension will be given subject to the condition that the modification 
is completed or the assignment is consummated. Failure to modify or 
consummate within the time allowed will result in cancellation of the 
construction permit.
    (d) We will not entertain an application for modification of an 
authorized but unbuilt facility or an application for assignment or 
transfer of control of an unbuilt facility if filed after the expiration 
of the initial construction period.

[ 50 FR 52779 , Dec. 26, 1985]