§ 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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