§  90.709   Special limitations on amendment of applications and on
assignment or transfer of authorizations licensed under this subpart.

   (a) Except as indicated in paragraph (b) of this section, the
   Commission will not consent to the following:

   (1) Any request to amend an application so as to substitute a new
   entity as the applicant;

   (2) Any application to assign or transfer a license for a Phase I,
   non-nationwide system prior to the completion of construction of
   facilities; or

   (3) Any application to transfer or assign a license for a Phase I
   nationwide system before the licensee has constructed at least 40
   percent of the proposed system pursuant to the provisions of
   §  90.725(a) or §  90.725(h), as applicable.

   (b) The Commission will grant the applications described in paragrpah
   (a) of this section if:

   (1) the request to amend an application or to transfer or assign a
   license does not involve a substantial change in the ownership or
   control or the applicant; or

   (2) The changes in the ownership or control of the applciant are
   involuntary due to the original applicant's insolvency, bankruptcy,
   incapacity, or death.

   (c) The assignee or transferee of a Phase I nationwide system is
   subject to the construction benchmarks and reporting requirements of
   §  90.725. The assignee or transferee of a Phase I nationwide system is
   not subject to the entry criteria described in §  90.713.

   (d) A licensee may partially assign any authorization in accordance
   with §  90.1019.

   (e) The assignee or transferee of a Phase II system is subject to the
   provisions of § §  90.1017 and 1.2111(a) of this chapter.

   [ 56 FR 19603 , Apr. 29, 1991, as amended at  57 FR 32449 , July 22, 1992;
    62 FR 15993 , Apr. 3, 1997;  63 FR 49295 , Sept. 15, 1998]

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