Sec. 90.153  Transfer or assignment of station authorization.

    A station authorization and the rights it grants shall not be 
transferred, assigned, or in any manner disposed of to any person, 
unless the Commission shall, after obtaining full information, decide 
that the transfer, assignment, or disposal is in the public interest, 
convenience or neccessity and give its consent in writing. An applicant 
for voluntary transfer of control or assignment under this section where 
the subject license was acquired by the transferor or assignor through a 
system of random selection shall, together

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with its application for transfer of control or assignment, file with 
the Commission the associated contracts for sale, option agreements, 
management agreements, or other documents disclosing the total 
consideration that the applicant would receive in return for the 
transfer or assignment of its license. This information should include 
not only a monetary purchase price, but also any future, contingent, in-
kind, or other consideration (e.g., management or consulting contracts 
either with or without an option to purchase; below-market financing). 
The assignee is responsible for ascertaining that the station facilities 
are and will remain in compliance with the terms and conditions of the 
authorization to be assigned.
    (a) Application required. The assignor or transferor of a commercial 
mobile radio license under this part must file an application for 
approval of assignment or transfer of control (Commission Form 490). In 
the case of involuntary assignment, such application must be filed no 
later than thirty (30) days after the event causing the assignment. The 
assignee or transferee must file a report qualifying it as a commercial 
mobile radio provider (Commission Form 430) unless a current report is 
already on file with the Commission.
    (b) Notification of completion. Assignments and transfers of control 
of commercial mobile radio licenses must be completed within sixty (60) 
days of Commission approval. The assignee or transferee must notify the 
Commission by letter of the date of completion of the assignment or 
transfer of control. If an assignment or transfer of control is not 
completed within this time, the assignor or transferor must so notify 
the Commission by letter, and the assignee or transferee must submit the 
authorization(s) to the Commission for cancellation or request an 
extension of time to complete the assignment or transfer of control. If 
the assignment or transfer of control is not completed, the 
authorization(s) remain with the assignor or transferor.
    (c) Partial assignment of authorization. If the authorization for 
some, but not all, of the facilities of a commercial mobile radio 
station is assigned to another party, voluntarily or involuntarily, such 
action is a partial assignment of authorization.
    (1) To request Commission approval of a partial assignment of 
authorization, the following must be filed in addition to the forms 
required by paragraph (a) of this section:
    (i) The assignor must notify the Commission (Commission Form 600) of 
the facilities to be deleted from its authorization upon completion of 
the assignment.
    (ii) The assignee must apply for authority (Commission Form 600) to 
operate a new station including the facilities for which authorization 
is assigned, or to modify the assignee's existing station to include the 
facilities for which authorization was assigned.
    (2) Partial assignments must be completed within sixty (60) days of 
Commission approval. If an approved partial assignment is not completed 
within this time, the assignor must notify the Commission (Commission 
Form 600), and the assignee must submit the authorization(s) to the 
Commission for cancellation or request an extension of time to complete 
the assignment. If the assignment is not completed, the authorization(s) 
remain with the assignor.
    (d) Limitations. The Commission may deny applications for assignment 
of authorization or consent to transfer of control of a commercial 
mobile radio license if:
    (1) The Commission is unable to make the public interest 
determinations required under the Communications Act with respect to 
both parties to the assignment or transfer; or
    (2) The authorization was obtained for the principal purpose of 
speculation or profitable resale, rather than provision of commercial 
mobile radio services to the public.
[ 43 FR 54791 , Nov. 22, 1978, as amended at  59 FR 9101 , Feb. 25, 1994;  59 FR 59958 , Nov. 21, 1994]