FCC Web Documents citing 73.3541

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.txt
  • 21.934. We note that exceptions exist if there is not a substantial change in ownership or control of the authorized facility from the transaction (assignment/transfer); involuntary transaction due to the licensee's bankruptcy, death, or legal disability; and if the transaction involves BTA authorizations. See id. See 47 C.F.R. §§ 74.910, 73.3500. See 47 C.F.R. § 73.3540. See 47 C.F.R. § 73.3541. See 47 C.F.R. § 73.3541. ULS R&O, 13 FCC Rcd at 21079 ¶ 113. Id. See 47 C.F.R. §§ 21.901(d); 74.902(f); 74.951(e). See 47 C.F.R. § 74.951(e). See 47 C.F.R. § 74.902; see also 47 C.F.R. § 21.901. Coalition Proposal at Appendix B n.49. See, e.g., 47 C.F.R. §§ 27.15, 101.535, 101.1111, 101.1323. ``Partitioning'' is the assignment of geographic portions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2635A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2635A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2635A1.txt
  • Communications, Omaha, NE. Kansas City, MO District Office (10/02/00). Brown Radio Group, Inc (WBBA-FM), Pittsfield, IL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1690 (Modification of Transmission Systems), 73.1870 (Chief Operators), 73.3536 (Application for License to Cover Construction Permit) and 73.3541 (Application for Involuntary Assignment of License or Transfer of Control). Chicago, IL District Office (10/3/00). FM Radio Station KWIZ, LBI Radio License Corp., Hollywood, CA. Other violation: 47 C.F.R. § 11.61. Los Angeles, CA District Office (10/11/00). AM Radio Station KVRN, LBI Radio License Cop., Los Angeles, CA. Other violation: 47 CFR 11.61. Los Angeles, CA District Office (10/11/00). He's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2086A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2086A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2086A1.txt
  • on March 9, 2006. On May 22, 2006, Roy was appointed personal representative of Evans's Estate by James R. Queoff, Court Commissioner for the Brown County, Wisconsin, Circuit Court. In his Request for Leave to Amend the pending applications, Jaekels contends that: (1) amending the Applications is similar to an involuntary assignment of a license or permit pursuant to Section 73.3541 of the Commission's Rules (the ``Rules''); (2) Commission precedent recognizes a change in control resulting from the death of an applicant as involuntary and permits amendment of the application, instead of requiring dismissal of the application as a major change; (3) allowing the Applications to be amended will not prejudice any other party involved in AM Auction No. 84 because
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-300057A1.pdf
  • will be considered to own it for purposes of these rules. Note 4 to § 73.3555: Paragraphs (a) through (d) of this section will not be applied so as to require divestiture, by any licensee, of existing facilities, and will not apply to applications for assignment of license or transfer of control filed in accordance with § 73.3540(f) or § 73.3541(b), or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy, if no new or increased concentration of ownership would be created among commonly owned, operated or controlled media properties. Paragraphs (a) through (d) of this section will apply to all applications for new stations, to all other applications for assignment or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-319A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-319A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-319A1.txt
  • a further TBA and ``sub-lease'' with Smith, and the Zamarrons in December 2000, contingent upon a future asset sale arrangement. DBI represents that Smith and the Zamarrons have operated the station since that time. 11. Section 73.3540 of the Commission's rules requires that prior consent of the Commission must be obtained for a voluntary assignment or transfer of control. Section 73.3541 of the Commission's rules further requires that the Commission shall be notified in writing promptly of the death or legal disability of an individual permittee or licensee, a member of a partnership, or a person directly or indirectly in control of a corporation which is a permittee or licensee, and that, within thirty days after the occurrence of such death
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A1.txt
  • filed exceeded 25%. At the time the rules went into effect, no entity owned more than the numerical caps or owned stations with a combined audience share exceeding 25%. Therefore, grandfathering existing combinations was not at issue. 1975 Multiple Ownership Second Report and Order, 50 FCC 2d at 1076 ¶ 103; see also 47 C.F.R. §§ 73.3555, note 4; 73.3540(f); 73.3541(b). We are not grandfathering existing combinations of stations that exceed the ownership limits because of an attributable interest in a station pursuant to an LMA or JSA. Existing LMAs and JSAs that result in a combination of stations exceeding the ownership limits must be terminated at the time of the sale or within two years, whichever comes first. MMTC suggests
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A2.txt
  • set forth in paragraphs (a) and (c) of this section. ***** Note 4 to § 73.3555: Paragraphs (a) through (c) of this section will not be applied so as to require divestiture, by any licensee, of existing facilities, and will not apply to applications for assignment of license or transfer of control filed in accordance with § 73.3540(f) or § 73.3541(b), or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy, if no new or increased concentration of ownership would be created among commonly owned, operated or controlled media properties. Paragraphs (a) through (c) will apply to all applications for new stations, to all other applications for assignment or transfer, to all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.txt
  • 21.934. We note that exceptions exist if there is not a substantial change in ownership or control of the authorized facility from the transaction (assignment/transfer); involuntary transaction due to the licensee's bankruptcy, death, or legal disability; and if the transaction involves BTA authorizations. See id. See 47 C.F.R. §§ 74.910, 73.3500. See 47 C.F.R. § 73.3540. See 47 C.F.R. § 73.3541. See 47 C.F.R. § 73.3541. ULS R&O, 13 FCC Rcd at 21079 ¶ 113. Id. See 47 C.F.R. §§ 21.901(d); 74.902(f); 74.951(e). See 47 C.F.R. § 74.951(e). See 47 C.F.R. § 74.902; see also 47 C.F.R. § 21.901. Coalition Proposal at Appendix B n.49. See, e.g., 47 C.F.R. §§ 27.15, 101.535, 101.1111, 101.1323. ``Partitioning'' is the assignment of geographic portions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4_Erratum.doc
  • 21.934. We note that exceptions exist if there is not a substantial change in ownership or control of the authorized facility from the transaction (assignment/transfer); involuntary transaction due to the licensee's bankruptcy, death, or legal disability; and if the transaction involves BTA authorizations. See id. See 47 C.F.R. §§ 74.910, 73.3500. See 47 C.F.R. § 73.3540. See 47 C.F.R. § 73.3541. See 47 C.F.R. § 73.3541. ULS R&O, 13 FCC Rcd at 21079 ¶ 113. Id. See 47 C.F.R. §§ 21.901(d); 74.902(f); 74.951(e). See 47 C.F.R. § 74.951(e). See 47 C.F.R. § 74.902; see also 47 C.F.R. § 21.901. Coalition Proposal at Appendix B n.49. See, e.g., 47 C.F.R. §§ 27.15, 101.535, 101.1111, 101.1323. ``Partitioning'' is the assignment of geographic portions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.txt
  • 21.934. We note that exceptions exist if there is not a substantial change in ownership or control of the authorized facility from the transaction (assignment/transfer); involuntary transaction due to the licensee's bankruptcy, death, or legal disability; and if the transaction involves BTA authorizations. See id. See 47 C.F.R. §§ 74.910, 73.3500. See 47 C.F.R. § 73.3540. See 47 C.F.R. § 73.3541. Id. ULS R&O, 13 FCC Rcd at 21079 ¶ 113. See NPRM, 18 FCC Rcd at 6789-91 ¶¶ 165-170. See id. at 6791 ¶ 169. See id. This procedure is burdensome in that it requires our engineers to generate and to enter a minor modification application into BLS for each channel that the parties seek to exchange. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-216A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-216A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-216A1.txt
  • will be considered to own it for purposes of these rules. Note 4 to § 73.3555: Paragraphs (a) through (d) of this section will not be applied so as to require divestiture, by any licensee, of existing facilities, and will not apply to applications for assignment of license or transfer of control filed in accordance with § 73.3540(f) or § 73.3541(b), or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy, if no new or increased concentration of ownership would be created among commonly owned, operated or controlled media properties. Paragraphs (a) through (d) will apply to all applications for new stations, to all other applications for assignment or transfer, to all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-102A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-102A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-102A1.txt
  • of the involuntary pro forma transfer of control will permit Ms. James-Petersen to exercise temporary control over the stations through her role as the court-appointed Administrator of the Estate of Mr. James, subject to oversight by the Superior Court of the Virgin Islands. The transfer applications, although not filed within 30 days of Mr. James's death, as required by Section 73.3541(b), were tendered within 30 days of the probate court's action. And, as required by Section 73.3541(a), Family promptly notified the Commission in writing of Mr. James's death. In these circumstances, we find that good cause supports grant of the late-filed involuntary transfer of control applications for this limited purpose. IV. CONCLUSION Based on our review of the application for consent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-192A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-192A1.txt
  • IRS determination letter proves that is has been recognized by the IRS as a nonprofit, tax-exempt entity under section 501 of the Internal Revenue Code. Acceptable documentation may also include state or government certifications or other documentation that non-profit status has been approved by a state or other governmental authority. See, e.g., 47 C.F.R. §§ 1.948(g), 5.59(d), 25.119(c), 63.03(d)(2), 63.24(g), 73.3541. Debt collected by the Commission includes, in part, auction debt, fines and forfeitures for rule violations, and regulatory fee obligations. We clarify that this requirement would apply solely to entities and individuals that hold FCC licenses or certifications, or otherwise are considered to be doing business with the agency. Regulated entities' individual investors who have themselves filed for bankruptcy protection
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-24A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-24A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-24A1.txt
  • licensed facilities and the prediction methodology of 47 C.F.R. § 73.313. 47 C.F.R. § 73.5007(c). Rural NPRM, 24 FCC Rcd at 5257. As a general rule, transactions for assignments or transfers of control that are either involuntary or that do not involve a substantial change in ownership or control may file pro forma applications. See generally 47 C.F.R. §§ 73.3540(f), 73.3541. See 47 C.F.R. § 73.3540(f) (providing illustrative examples of voluntary assignments and transfers of control that do not involve a substantial change in ownership). See id. § 73.3541 (setting forth procedures following the death or legal disability of an individual permittee or licensee, a member of a partnership, or a person directly or indirectly in control of an entity which
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-127A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-127A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-127A1.txt
  • in pertinent part: ``No . . . station license, or any rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily . . . except upon application to the Commission and upon finding by the Commission that the public interest, convenience, and necessity will be served thereby.'' 47 U.S.C. § 310(d). See 47 C.F.R. § 73.3541(b); see also FCC Form 316, General Instructions A.8 (assignments or transfers involving bankruptcy trustees and receivers file on FCC Form 316). Letter Decision, 24 FCC Rcd at 2898 (citations omitted). Receiver Appointment Order at 2. Additionally, "[a]fter a purchaser (or purchasers) is found acceptable to Receiver and the FCC, Receiver is directed to make all necessary application with the FCC
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • conclusion that it is more appropriate to continue to apply our current rules to construction permits that are beyond their initial periods. E. Modifying Pro Forma Assignments and Transfers 69. Background. Pursuant to the Act and current Commission rules and policies, prior Commission Federal Communications Commission FCC 98-57 94 47 U.S.C. § 310(d); 47 C.F.R. § 73.3540(a); 47 C.F.R. § 73.3541. The instructions to FCC Form 323 set out examples of when particular transactions constitute a transfer of control or an assignment requiring prior Commission consent. For a general survey of this area, see Stephen F. Sewell, Assignments and Transfers of Control of FCC Authorizations Under Section 310(d) of the Communications Act of 1934, 43 Fed. Comm. L. J. 277 (1991).
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-319A1.html
  • a further TBA and ``sub-lease'' with Smith, and the Zamarrons in December 2000, contingent upon a future asset sale arrangement. DBI represents that Smith and the Zamarrons have operated the station since that time. 11. Section 73.3540 of the Commission's rules requires that prior consent of the Commission must be obtained for a voluntary assignment or transfer of control. Section 73.3541 of the Commission's rules further requires that the Commission shall be notified in writing promptly of the death or legal disability of an individual permittee or licensee, a member of a partnership, or a person directly or indirectly in control of a corporation which is a permittee or licensee, and that, within thirty days after the occurrence of such death
• http://transition.fcc.gov/eb/Orders/da001575.doc http://transition.fcc.gov/eb/Orders/da001575.txt
  • dated April 6, 2000. Hackler and Harris filed submissions in response to our inquiries on October 18, 1999, February 11, 2000, and May 11, 2000. III. DISCUSSION 3. Unauthorized Transfer of Control. Section 310(d) of the Act prohibits the transfer of control of a station license, and any rights thereunder, without prior Commission consent. See 47 C.F.R. §§ 73.3540 and 73.3541. There is no exact formula by which control of a broadcast station can be determined. It is well settled that "control," as used in the Act and pertinent Commission rules, encompasses all forms of control, actual or legal, direct or indirect, negative or affirmative, and that the passage of de facto as well as de jure control demands the prior
• http://transition.fcc.gov/eb/Orders/da001579.doc http://transition.fcc.gov/eb/Orders/da001579.txt
  • dated April 6, 2000. Hackler and Harris filed submissions in response to our inquiries on October 18, 1999, February 11, 2000, and May 11, 2000. III. DISCUSSION 3. Unauthorized Transfer of Control. Section 310(d) of the Act prohibits the transfer of control of a station license, and any rights thereunder, without prior Commission consent. See 47 C.F.R. §§ 73.3540 and 73.3541. There is no exact formula by which control of a broadcast station can be determined. It is well settled that "control," as used in the Act and pertinent Commission rules, encompasses all forms of control, actual or legal, direct or indirect, negative or affirmative, and that the passage of de facto as well as de jure control requires the prior
• http://transition.fcc.gov/eb/Public_Notices/da002635.doc http://transition.fcc.gov/eb/Public_Notices/da002635.html
  • Communications, Omaha, NE. Kansas City, MO District Office (10/02/00). Brown Radio Group, Inc (WBBA-FM), Pittsfield, IL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1690 (Modification of Transmission Systems), 73.1870 (Chief Operators), 73.3536 (Application for License to Cover Construction Permit) and 73.3541 (Application for Involuntary Assignment of License or Transfer of Control). Chicago, IL District Office (10/3/00). FM Radio Station KWIZ, LBI Radio License Corp., Hollywood, CA. Other violation: 47 C.F.R. § 11.61. Los Angeles, CA District Office (10/11/00). AM Radio Station KVRN, LBI Radio License Cop., Los Angeles, CA. Other violation: 47 CFR 11.61. Los Angeles, CA District Office (10/11/00). He's
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • modification of construction permit. [624]TEXT [625]PDF 73.3536 Application for license to cover construction permit. [626]TEXT [627]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [628]TEXT [629]PDF 73.3538 Application to make changes in an existing station. [630]TEXT [631]PDF 73.3539 Application for renewal of license. [632]TEXT [633]PDF 73.3540 Application for voluntary assignment or transfer of control. [634]TEXT [635]PDF 73.3541 Application for involuntary assignment of license or transfer of control. [636]TEXT [637]PDF 73.3542 Application for emergency authorization. [638]TEXT [639]PDF 73.3543 Application for renewal or modification of special service authorization. [640]TEXT [641]PDF 73.3544 Application to obtain a modified station license. [642]TEXT [643]PDF 73.3545 Application for permit to deliver programs to foreign stations. [644]TEXT [645]PDF 73.3549 Requests for extension of time to
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001578.doc
  • dated April 6, 2000. Hackler and Harris filed submissions in response to our inquiries on October 18, 1999, February 11, 2000, and May 11, 2000. III. DISCUSSION 3. Unauthorized Transfer of Control. Section 310(d) of the Act prohibits the transfer of control of a station license, and any rights thereunder, without prior Commission consent. See 47 C.F.R. §§ 73.3540 and 73.3541. There is no exact formula by which control of a broadcast station can be determined. It is well settled that "control," as used in the Act and pertinent Commission rules, encompasses all forms of control, actual or legal, direct or indirect, negative or affirmative, and that the passage of de facto as well as de jure control demands the prior
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001579.doc
  • dated April 6, 2000. Hackler and Harris filed submissions in response to our inquiries on October 18, 1999, February 11, 2000, and May 11, 2000. III. DISCUSSION 3. Unauthorized Transfer of Control. Section 310(d) of the Act prohibits the transfer of control of a station license, and any rights thereunder, without prior Commission consent. See 47 C.F.R. §§ 73.3540 and 73.3541. There is no exact formula by which control of a broadcast station can be determined. It is well settled that "control," as used in the Act and pertinent Commission rules, encompasses all forms of control, actual or legal, direct or indirect, negative or affirmative, and that the passage of de facto as well as de jure control requires the prior
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • conclusion that it is more appropriate to continue to apply our current rules to construction permits that are beyond their initial periods. E. Modifying Pro Forma Assignments and Transfers 69. Background. Pursuant to the Act and current Commission rules and policies, prior Commission Federal Communications Commission FCC 98-57 94 47 U.S.C. § 310(d); 47 C.F.R. § 73.3540(a); 47 C.F.R. § 73.3541. The instructions to FCC Form 323 set out examples of when particular transactions constitute a transfer of control or an assignment requiring prior Commission consent. For a general survey of this area, see Stephen F. Sewell, Assignments and Transfers of Control of FCC Authorizations Under Section 310(d) of the Communications Act of 1934, 43 Fed. Comm. L. J. 277 (1991).
• http://www.fcc.gov/Forms/Form323/323.pdf
  • each entity in the organizational structure that has an attributable interest in the Licensee. 3. This form is not to be used to request a transfer of control or assignment of license or construction permit. The appropriate forms for use in connection with such transfers or assignments are FCC Forms 314, 315 and 316. See 47 C.F.R. Sections 73.3540 and 73.3541. It is the responsibility of the Licensee or Permittee to determine if a given transaction constitutes a transfer of control or an assignment. However, for purposes of example only, and for the convenience of interested persons, there are listed below some of the more common types of transfers. A transfer of control takes place when: (a) An individual stockholder gains
• http://www.fcc.gov/eb/Orders/2002/FCC-02-319A1.html
  • a further TBA and ``sub-lease'' with Smith, and the Zamarrons in December 2000, contingent upon a future asset sale arrangement. DBI represents that Smith and the Zamarrons have operated the station since that time. 11. Section 73.3540 of the Commission's rules requires that prior consent of the Commission must be obtained for a voluntary assignment or transfer of control. Section 73.3541 of the Commission's rules further requires that the Commission shall be notified in writing promptly of the death or legal disability of an individual permittee or licensee, a member of a partnership, or a person directly or indirectly in control of a corporation which is a permittee or licensee, and that, within thirty days after the occurrence of such death
• http://www.fcc.gov/eb/Orders/da001575.doc http://www.fcc.gov/eb/Orders/da001575.txt
  • dated April 6, 2000. Hackler and Harris filed submissions in response to our inquiries on October 18, 1999, February 11, 2000, and May 11, 2000. III. DISCUSSION 3. Unauthorized Transfer of Control. Section 310(d) of the Act prohibits the transfer of control of a station license, and any rights thereunder, without prior Commission consent. See 47 C.F.R. §§ 73.3540 and 73.3541. There is no exact formula by which control of a broadcast station can be determined. It is well settled that "control," as used in the Act and pertinent Commission rules, encompasses all forms of control, actual or legal, direct or indirect, negative or affirmative, and that the passage of de facto as well as de jure control demands the prior
• http://www.fcc.gov/eb/Orders/da001579.doc http://www.fcc.gov/eb/Orders/da001579.txt
  • dated April 6, 2000. Hackler and Harris filed submissions in response to our inquiries on October 18, 1999, February 11, 2000, and May 11, 2000. III. DISCUSSION 3. Unauthorized Transfer of Control. Section 310(d) of the Act prohibits the transfer of control of a station license, and any rights thereunder, without prior Commission consent. See 47 C.F.R. §§ 73.3540 and 73.3541. There is no exact formula by which control of a broadcast station can be determined. It is well settled that "control," as used in the Act and pertinent Commission rules, encompasses all forms of control, actual or legal, direct or indirect, negative or affirmative, and that the passage of de facto as well as de jure control requires the prior
• http://www.fcc.gov/eb/Public_Notices/da002635.doc http://www.fcc.gov/eb/Public_Notices/da002635.html
  • Communications, Omaha, NE. Kansas City, MO District Office (10/02/00). Brown Radio Group, Inc (WBBA-FM), Pittsfield, IL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1690 (Modification of Transmission Systems), 73.1870 (Chief Operators), 73.3536 (Application for License to Cover Construction Permit) and 73.3541 (Application for Involuntary Assignment of License or Transfer of Control). Chicago, IL District Office (10/3/00). FM Radio Station KWIZ, LBI Radio License Corp., Hollywood, CA. Other violation: 47 C.F.R. § 11.61. Los Angeles, CA District Office (10/11/00). AM Radio Station KVRN, LBI Radio License Cop., Los Angeles, CA. Other violation: 47 CFR 11.61. Los Angeles, CA District Office (10/11/00). He's
• http://www.fcc.gov/fcc-bin/audio/DA-06-2086A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2086A1.pdf
  • on March 9, 2006. On May 22, 2006, Roy was appointed personal representative of Evans's Estate by James R. Queoff, Court Commissioner for the Brown County, Wisconsin, Circuit Court. In his Request for Leave to Amend the pending applications, Jaekels contends that: (1) amending the Applications is similar to an involuntary assignment of a license or permit pursuant to Section 73.3541 of the Commission's Rules (the ``Rules''); (2) Commission precedent recognizes a change in control resulting from the death of an applicant as involuntary and permits amendment of the application, instead of requiring dismissal of the application as a major change; (3) allowing the Applications to be amended will not prejudice any other party involved in AM Auction No. 84 because
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.pdf
  • filed exceeded 25%. At the time the rules went into effect, no entity owned more than the numerical caps or owned stations with a combined audience share exceeding 25%. Therefore, grandfathering existing combinations was not at issue. 1975 Multiple Ownership Second Report and Order, 50 FCC 2d at 1076 ¶ 103; see also 47 C.F.R. §§ 73.3555, note 4; 73.3540(f); 73.3541(b). We are not grandfathering existing combinations of stations that exceed the ownership limits because of an attributable interest in a station pursuant to an LMA or JSA. Existing LMAs and JSAs that result in a combination of stations exceeding the ownership limits must be terminated at the time of the sale or within two years, whichever comes first. MMTC suggests
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.pdf
  • set forth in paragraphs (a) and (c) of this section. ***** Note 4 to § 73.3555: Paragraphs (a) through (c) of this section will not be applied so as to require divestiture, by any licensee, of existing facilities, and will not apply to applications for assignment of license or transfer of control filed in accordance with § 73.3540(f) or § 73.3541(b), or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy, if no new or increased concentration of ownership would be created among commonly owned, operated or controlled media properties. Paragraphs (a) through (c) will apply to all applications for new stations, to all other applications for assignment or transfer, to all
• http://www.fcc.gov/fcc-bin/audio/FCC-10-102A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-102A1.pdf
  • of the involuntary pro forma transfer of control will permit Ms. James-Petersen to exercise temporary control over the stations through her role as the court-appointed Administrator of the Estate of Mr. James, subject to oversight by the Superior Court of the Virgin Islands. The transfer applications, although not filed within 30 days of Mr. James's death, as required by Section 73.3541(b), were tendered within 30 days of the probate court's action. And, as required by Section 73.3541(a), Family promptly notified the Commission in writing of Mr. James's death. In these circumstances, we find that good cause supports grant of the late-filed involuntary transfer of control applications for this limited purpose. IV. CONCLUSION Based on our review of the application for consent
• http://www.fcc.gov/fcc-bin/audio/FCC-11-127A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-127A1.pdf
  • in pertinent part: ``No . . . station license, or any rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily . . . except upon application to the Commission and upon finding by the Commission that the public interest, convenience, and necessity will be served thereby.'' 47 U.S.C. § 310(d). See 47 C.F.R. § 73.3541(b); see also FCC Form 316, General Instructions A.8 (assignments or transfers involving bankruptcy trustees and receivers file on FCC Form 316). Letter Decision, 24 FCC Rcd at 2898 (citations omitted). Receiver Appointment Order at 2. Additionally, "[a]fter a purchaser (or purchasers) is found acceptable to Receiver and the FCC, Receiver is directed to make all necessary application with the FCC
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
  • hearing). See also Chadmoore Communications v. FCC, No. 96-1061 (D.C. Cir. May 20, 1997) (upholding the denial of an application for an extension of the construction period based on a subsequently adopted rule disallowing such extension, because no right to an extension vested upon the filing of the application). 47 U.S.C. ( 310(d); 47 C.F.R. ( 73.3540(a); 47 C.F.R. ( 73.3541. The instructions to FCC Form 323 set out examples of when particular transactions constitute a transfer of control or an assignment requiring prior Commission consent. For a general survey of this area, see Stephen F. Sewell, Assignments and Transfers of Control of FCC Authorizations Under Section 310(d) of the Communications Act of 1934, 43 Fed. Comm. L. J. 277 (1991).
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • modification of construction permit. [624]TEXT [625]PDF 73.3536 Application for license to cover construction permit. [626]TEXT [627]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [628]TEXT [629]PDF 73.3538 Application to make changes in an existing station. [630]TEXT [631]PDF 73.3539 Application for renewal of license. [632]TEXT [633]PDF 73.3540 Application for voluntary assignment or transfer of control. [634]TEXT [635]PDF 73.3541 Application for involuntary assignment of license or transfer of control. [636]TEXT [637]PDF 73.3542 Application for emergency authorization. [638]TEXT [639]PDF 73.3543 Application for renewal or modification of special service authorization. [640]TEXT [641]PDF 73.3544 Application to obtain a modified station license. [642]TEXT [643]PDF 73.3545 Application for permit to deliver programs to foreign stations. [644]TEXT [645]PDF 73.3549 Requests for extension of time to
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • modification of construction permit. [577]TEXT [578]PDF 73.3536 Application for license to cover construction permit. [579]TEXT [580]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [581]TEXT [582]PDF 73.3538 Application to make changes in an existing station. [583]TEXT [584]PDF 73.3539 Application for renewal of license. [585]TEXT [586]PDF 73.3540 Application for voluntary assignment or transfer of control. [587]TEXT [588]PDF 73.3541 Application for involuntary assignment of license or transfer of control. [589]TEXT [590]PDF 73.3542 Application for emergency authorization. [591]TEXT [592]PDF 73.3543 Application for renewal or modification of special service authorization. [593]TEXT [594]PDF 73.3544 Application to obtain a modified station license. [595]TEXT [596]PDF 73.3545 Application for permit to deliver programs to foreign stations. [597]TEXT [598]PDF 73.3549 Requests for extension of time to