Sec. 90.609  Special limitations on amendment of applications for 
          assignment or transfer of authorizations for radio systems 
          above 800 MHz.

    (a) No application for a conventional or trunked radio system may be 
amended so as to substitute a new entity except in the following 
circumstances:
    (1) The amendment does not involve a substantial change in the 
ownership or control of the applicant; or
    (2) The changes in the ownership or control of the applicant are 
involuntary due to the original applicant's insolvency, bankruptcy, 
incapacity, or death.

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    (b) A license to operate a conventional or trunked radio system may 
not be assigned or transferred prior to the completion of construction 
of the facility. However, the Commission may give its consent to the 
assignment or transfer of control of such a license prior to the 
completion of construction where:
    (1) The assignment or transfer does not involve a substantial change 
in ownership or control of the authorized radio facilities; or,
    (2) The assignment or transfer is involuntary due to the licensee's 
insolvency, bankruptcy, incapacity, or death.
    (c) Licensees of constructed systems in any category other than 
Spectrum Block D frequencies in the 800 MHz SMR service (formerly 
General Category) are permitted to make partial assignments of an 
authorized grant to an applicant proposing to create a new system or to 
an existing licensee that has loaded its system to 70 mobiles per 
channel and is expanding that system. An applicant authorized to expand 
an existing system or to create a new system with frequencies from any 
category other than Spectrum Block D frequencies in the 800 MHz SMR 
service obtained through partial assignment will receive the assignor's 
existing license expiration date and loading deadline for the 
frequencies that are assigned. A licensee that makes a partial 
assignment of a station's frequencies will not be authorized to obtain 
additional frequencies for that station for a period of one year from 
the date of the partial assignment.
    (d) A constructed system originally licensed in the General Category 
that is authorized to operate in the conventional mode may be combined 
with an existing SMR system above 800 MHz authorized to operate in the 
trunked mode by assignment of an authorized grant of the General 
Category station to the SMR station.
[ 47 FR 41032 , Sep. 16, 1982, as amended at  55 FR 28029 , July 9, 1990;  58 FR 44962 , Aug. 25, 1993;  61 FR 6155 , Feb. 16, 1996]

Policies Governing the Processing of Applications and the Selection and 
 Assignment of Frequencies for Use in the 806-824 MHz, 851-869 MHz, 896-
                     901 MHz, and 935-940 MHz Bands