Goto Section: 73.7004 | 73.8000 | Table of Contents
Revised as of February 20, 2020
Goto Year:2019 |
§ 73.7005 Holding period.
Link to an amendment published at 85 FR 7891 , Feb. 12, 2020.
(a) Assignments/Transfers. NCE stations awarded by use of the point
system in § 73.7003 shall be subject to a holding period. From the grant
of the construction permit and continuing until the facility has
achieved four years of on-air operations, an applicant proposing to
assign or transfer the construction permit/license to another party
will be required to demonstrate the following two factors: that the
proposed buyer would qualify for the same number of or greater points
as the assignor or transferor originally received; and that
consideration received and/or promised does not exceed the assignor's
or transferor's legitimate and prudent expenses. For purposes of this
section, legitimate and prudent expenses are those expenses reasonably
incurred by the assignor or transferor in obtaining and constructing
the station (e.g. expenses in preparing an application, in obtaining
and installing broadcast equipment to be assigned or transferred,
etc.). Costs incurred in operating the station are not recoverable
(e.g., rent, salaries, utilities, music licensing fees, etc.). Any
successive applicants proposing to assign or transfer the construction
permit/license prior to the end of the aforementioned holding period
will be required to make the same demonstrations.
(b) Technical. In accordance with the provisions of § 73.7002, an NCE
applicant receiving a decisive preference for fair distribution of
service is required to construct and operate technical facilities
substantially as proposed, and can not downgrade service to the area on
which the preference is based for a period of four years of on-air
(c) The holding period in this section does not apply to construction
permits that are awarded on a non-comparative basis, such as those
awarded to non-mutually exclusive applicants or through settlement.
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Subpart L—Incorporated Standards
Source: 76 FR 62642 , Oct. 11, 2011, unless otherwise noted.
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Goto Section: 73.7004 | 73.8000
Goto Year: 2019 |
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