[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR21.40]



[Page 47-48]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 21_DOMESTIC PUBLIC FIXED RADIO SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 21.40  Modification of station license.



    (a) Except as provided in Sec. Sec. 21.41 and 21.42, no 

modification of a license issued pursuant to this part (or the 

facilities described thereunder) shall be made except upon application 

to the Commission and upon finding by the Commission that:

    (1) Such modification will promote the public interest, convenience 

and necessity, or

    (2) That the provisions of the Communications Act of 1934 or of any 

treaty ratified by the United States will be more fully complied with if 

such application is granted.

    (b) No application for modification to extend a license construction 

period will be granted for delays caused by lack of financing or for 

lack of site availability. Applications for time extensions for other 

reasons must include a verified statement from the application showing 

that the licensee has made diligent efforts to construct the facilities 

and:

    (1) That additional time is required due to circumstances beyond the 

applicant's control, in which case the applicant must describe such 

circumstances and must set forth with specificity and justify the 

precise extension period requested; or

    (2) That there are unique and overriding public interest concerns 

that justify such an extension, in which case the applicant must 

identify such interests and must set forth and justify a precise 

extension period.

    (c) Notwithstanding the provisions of paragraph (b), when a station 

license has been assigned or transferred pursuant to Sec. 21.38, any 

extension of time will be limited so that the time left to construct 

after Commission grant of the transfer or assignment will be no



[[Page 48]]



more than the time remaining for construction at the date of the filing 

of the application for transfer or assignment.



[52 FR 37780, Oct. 9, 1987]