[Code of Federal Regulations]

[Title 47, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 47CFR101.55]



[Page 618]

 

                       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]