§  73.3540   Application for voluntary assignment or transfer of control.

   (a) Prior consent of the FCC must be obtained for a voluntary
   assignment or transfer of control.

   (b) Application should be filed with the FCC at least 45 days prior to
   the contemplated effective date of assignment or transfer of control.

   (c) Application for consent to the assignment of construction permit or
   license must be filed on FCC Form 314 "Assignment of license" or FCC
   Form 316 "Short form" (See paragraph (f) of this section).

   (d) Application for consent to the transfer of control of a corporation
   holding a construction permit or license must be filed on FCC Form 315
   "Transfer of Control" or FCC Form 316 "Short form" (see paragraph (f)
   of this section).

   (e) Application for consent to the assignment of construction permit or
   license or to the transfer of control of a corporate licensee or
   permittee for an FM or TV translator station, a low power TV station
   and any associated auxiliary station, such as translator microwave
   relay stations and UHF translator booster stations, only must be filed
   on FCC Form 345 "Application for Transfer of Control of Corporate
   Licensee or Permittee, or Assignment of License or Permit for an FM or
   TV translator Station, or a Low Power TV Station."

   (f) The following assignment or transfer applications may be filed on
   FCC "Short form" 316:

   (1) Assignment from an individual or individuals (including
   partnerships) to a corporation owned and controlled by such individuals
   or partnerships without any substantial change in their relative
   interests;

   (2) Assignment from a corporation to its individual stockholders
   without effecting any substantial change in the disposition of their
   interests;

   (3) Assignment or transfer by which certain stockholders retire and the
   interest transferred is not a controlling one;

   (4) Corporate reorganization which involves no substantial change in
   the beneficial ownership of the corporation;

   (5) Assignment or transfer from a corporation to a wholly owned
   subsidiary thereof or vice versa, or where there is an assignment from
   a corporation to a corporation owned or controlled by the assignor
   stockholders without substantial change in their interests; or

   (6) Assignment of less than a controlling interest in a partnership.

   [ 44 FR 38496 , July 2, 1979, as amended at  48 FR 21486 , May 12, 1983;  49 FR 47843 , Dec. 7, 1984;  50 FR 32416 , Aug. 12, 1985]

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