Sec. 1.924 Assignment or transfer of control, voluntary and
involuntary.
(a)(1) Radio station licenses are not transferable; however, except
for those set forth in paragraph (a)(2) of this section, they may be
assigned. Licenses may be assigned whenever there is a change of
ownership of an authorized radio station, for example, if the radio
communication equipment is sold with a business. The new owner must
apply for assignment of the existing authorization in accordance with
the rules under which the station is authorized.
(2) Licenses for stations in the Amateur, Aviation (aircraft),
Personal, and Maritime (ship) Radio Services cannot be assigned.
Whenever there is a change of ownership of one of these latter stations,
the new owner must apply for a new license. Upon receipt of the new
license, the former license must be surrendered for cancellation.
(b)(1) Application for consent to voluntary assignment of a license,
or for consent to voluntary transfer of control of a corporation holding
a license, must be filed with the Commission at least 60 days prior to
the contemplated effective date of assignment or transfer of control.
(2) The following application forms should be used:
[[Page 194]]
(i) FCC Form 600. For assignment of station authorization in
services under part 90 of this chapter, except as provided in
subparagraph (ii). Attached thereto shall be an executed Form 1046 or a
signed letter from proposed assignor stating the desire to assign the
current authorization in accordance with the rules governing the
particular radio service involved. Applications for consent to assign
authorizations of stations operating in the 806-821 and 851-866 MHz
bands shall be accompanied by FCC Form 574-A. Applications for
assignment of authorizations for stations operating on frequencies below
27.5 MHz shall be accompanied by FCC Form 574-B.
(ii) FCC Form 402. For assignment of station authorizations in the
Private Operational Fixed Microwave Service (part 101 of this chapter).
Attached thereto shall be an executed Form 1046 or a signed letter from
proposed assignor stating the assignor's desire to assign the current
authorization in accordance with the rules governing the particular
service involved.
(iii) FCC Form 406. For assignment of ground station authorizations
in the Aviation Services, except as provided in paragraph (b)(2)(ii) of
this section.
(iv) FCC Form 503. For assignment of coast station authorizations in
the Maritme Services and Alaska-Public Fixed Stations.
(v) [Reserved]
(vi) FCC Form 703. For consent to transfer control of a corporation
holding any type of part 90 license except a license to provide
commercial mobile radio service.
(vii) FCC Form 490. For consent to transfer control of a corporation
holding a part 90 license to provide commercial mobile radio service.
(c)(1) In the event of the death or legal disability of a 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,
the Commission shall be notified in writing promptly of the occurrence
of such death or legal disability.
(2) Within 30 days after the occurrence of such death or legal
disability (except in the case of a ship or amateur station),
application shall be filed for consent to involuntary assignment of such
permit or license, or for involuntary transfer of control of such
corporation, to a person or entity legally qualified to succeed to the
foregoing interests under the laws of the place having jurisdiction over
the estate involved. The procedure and forms to be followed are the same
as those specified in paragraph (b) of this section.
(3) In the case of stations in the Amateur, Aviation (aircraft),
Personal, and Maritime (ship) Radio Services, involuntary assignment of
licenses will not be made; such licenses shall be surrendered for
cancellation upon the death or legal disability of the licensee.
(d) An applicant for voluntary transfer of control or assignment
under this section where the subject license was acquired by the
transferor or assignor through a system of random selection shall,
together with its application for transfer of control or assignment,
file with the Commission the associated contracts for sale, option
agreements, management agreements, or other documents disclosing the
total consideration that the applicant would receive in return for the
transfer or assignment of its license. This information should include
not only a monetary purchase price, but also any future, contingent, in-
kind, or other consideration (e.g., management or consulting contracts
either with or without an option to purchase; below-market financing).
(Sec. 310, 48 Stat. 1086, as amended; 47 U.S.C. )
[28 310 FR 12454 , Nov. 22, 1963, as amended at 31 FR 2600 , Feb. 10, 1966; 36 FR 19439 , Oct. 6, 1971; 36 FR 21679 , Nov. 12, 1971; 42 FR 8327 , Feb. 9,
1977; 44 FR 31651 , June 1, 1979; 45 FR 55201 , Aug. 19, 1980; 47 FR 57051 , Dec. 22, 1982; 48 FR 8455 , Mar. 1, 1983; 49 FR 30944 , Aug. 2,
1984; 51 FR 2703 , Jan. 21, 1986; 59 FR 9101 , Feb. 25, 1994; 59 FR 59949 ,
Nov. 21, 1994; 61 FR 26671 , May 28, 1996]
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