FCC 101.55 Revised as of December 4, 2012
Goto Year:2011 |
§ 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
(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
(2) Segregates clearly by an itemized accounting, the amount of
consideration involved in the sale of facilities or merger of
(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.
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