FCC 73.7005 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 73.7005 Holding period.
(a) Assignments/Transfers. NCE stations awarded by use of the point system
in Sec. 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 Sec. 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 operations.
(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.
Subpart L—Digital Broadcast Television Redistribution Control
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