Goto Section: 25.118 | 25.120 | Table of Contents
Revised as of October 1, 2016
Goto Year:2015 |
§ 25.119 Assignment or transfer of control of station authorization.
(a) You must file an application for Commission authorization before
you can transfer, assign, dispose of (voluntarily or involuntarily,
directly or indirectly, or by transfer of control of any corporation or
any other entity) your construction permit or station license, or
accompanying rights, except as provided in paragraph (h) of this
section. The Commission will grant your application only if it finds
that doing so will serve the public interest, convenience, and
(b) For purposes of this section, transfers of control requiring
Commission approval shall include any and all transactions that:
(1) Change the party controlling the affairs of the licensee, or
(2) Effect any change in a controlling interest in the ownership of the
licensee, including changes in legal or equitable ownership.
(c) Assignment of license. You must submit an FCC Form 312, Main Form
and Schedule A to voluntarily assign (e.g., as by contract or other
agreement) or involuntarily assign (e.g., as by death, bankruptcy, or
legal disability) your station authorization. You must file these forms
electronically through IBFS.
(d) Transfer of control of corporation holding license. If you want to
transfer control of a corporation, which holds one or more licenses
voluntarily or involuntarily (de jure or de facto), you must submit an
FCC Form 312, Main Form and Schedule A. You must file these forms
electronically through IBFS. For involuntary transfers, you must file
your application within 10 days of the event causing the transfer of
control. You can also use FCC Form 312, Main Form and Schedule A for
non-substantial (pro forma) transfers of control.
(e) Whenever a group of station licenses in the same radio service for
the same class of facility licensed to the same entity is to be
assigned or transferred to a single assignee or transferee, a single
application may be filed to cover the entire group, if the application
identifies in an exhibit each station by call sign, station location
and expiration date of license.
(f) Assignments and transfers of control shall be completed within 180
days from the date of authorization. Within 30 days of consummation,
the Commission shall be notified by letter of the date of consummation
and the file numbers of the applications involved in the transaction.
(g) The Commission retains discretion in reviewing assignments and
transfers of control of space station licenses to determine whether the
initial license was obtained in good faith with the intent to construct
a satellite system.
(h) Pro forma transactions involving a telecommunications carrier. You
do not need prior Commission approval for a non-substantial (pro forma)
transfer of control or assignment of license involving a
telecommunications carrier, as defined in 47 U.S.C. 153(51). However,
the pro forma transferee or assignee must file a notification with the
Commission no later than 30 days after the transfer or assignment is
completed. The notification must be filed on FCC Form 312, Main Form
and Schedule A and must contain a certification that the transfer of
control or assignment was pro forma and that, together with all
previous pro forma transactions, it did not result in a change in the
actual controlling party.
(i) Pro forma transactions not involving a telecommunications carrier.
A complete application for Commission approval of a non-substantial
(pro forma) transfer of control or assignment of license not involving
a telecommunications carrier, as defined in 47 U.S.C. 153(51), will be
deemed granted one business day after filing, provided that:
(1) Approval does not require a waiver of, or a declaratory ruling
pertaining to, any applicable Commission rule; and
(2) The application includes a certification that the proposed transfer
of control or assignment is pro forma and that, together with all
previous pro forma transactions, it would not result in a change in the
actual controlling party.
(j) Receive-only earth station registrations. You do not need prior
Commission approval for a transfer of control or assignment of a
receive-only earth station registration. For all such transactions
other than non-substantial (pro forma) transfers of control, the
transferee or assignee must file a notification with the Commission on
FCC Form 312, Main Form and Schedule A no later than 30 days after the
transfer or assignment is completed. No notification is required for a
pro forma transfer of control of a receive-only earth station
[ 56 FR 24016 , May 20, 1991; 56 FR 29757 , June 20, 1991. Redesignated
and amended at 62 FR 5928 , 5929, Feb. 10, 1997; 68 FR 51503 , Aug. 27,
2003; 69 FR 29901 , May 26, 2004; 78 FR 8421 , Feb. 6, 2013; 79 FR 51264 ,
Aug. 28, 2014; 81 FR 55329 , Aug. 18, 2016]
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Goto Section: 25.118 | 25.120
Goto Year: 2015 |
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