[Code of Federal Regulations]
[Title 47, Volume 5]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR101.55]

[Page 665]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 101_FIXED MICROWAVE SERVICES--Table of Contents
 
                   Subpart B_Applications and Licenses
 
Sec.  101.55  Considerations involving transfer or assignment applications.

    (a) Except as provided for in paragraph (d) of this section, 
licenses not authorized pursuant to competitive bidding procedures may 
not be assigned or transferred prior to the completion of construction 
of the facility.
    (b) [Reserved]
    (c) At its discretion, the Commission may require the submission of 
an affirmative, factual showing (supported by affidavits of a person or 
persons with personal knowledge thereof) to demonstrate that the 
proposed assignor or transferor has not acquired an authorization or 
operated a station for the principal purpose of profitable sale rather 
than public service. This showing may include, for example, a 
demonstration that the proposed assignment or transfer is due to changed 
circumstances (described in detail) affecting the licensee subsequent to 
the acquisition of the license, or that the proposed transfer of radio 
facilities is incidental to a sale of other facilities or merger of 
interests.
    (d) If a proposed transfer of radio facilities is incidental to a 
sale or other facilities or merger of interests, the showing specified 
under paragraph (c) of this section shall be submitted and include an 
additional exhibit that:
    (1) Discloses complete details as to the sale of facilities or 
merger of interests;
    (2) Segregates clearly by an itemized accounting, the amount of 
consideration involved in the sale of facilities or merger of interests; 
and
    (3) Demonstrates that the amount of consideration assignable to the 
facilities or business interests involved represents their fair market 
value at the time of the transaction.

[61 FR 26677, May 28, 1996, as amended at 63 FR 6104, Feb. 6, 1998; 63 
FR 68982, Dec. 14, 1998; 65 FR 38327, June 20, 2000; 68 FR 4955, Jan. 
31, 2003]