Sec. 21.38 Assignment or transfer of station authorization.
(a) No station license, or any rights thereunder, shall be
transferred, assigned, or disposed of in any manner, voluntarily or
involuntarily, directly or indirectly, or by transfer of control of any
corporation or any other entity holding any such license, to any person
except upon application to the Commission and upon finding by the
Commission that the public interest, convenience and necessity will be
served thereby.
(b) For purposes of this section, transfers of control requiring
Commission approval shall include any and all transactions that:
(1) Change the party controlling the affairs of the licensee, or
(2) Affect any change in a controlling interest in the ownership of
the licensee, including changes in legal or equitable ownership, or
(c) Requests for transfer of control or assignment authority shall
be submitted on the application form prescribed by Sec. 21.11 of this
chapter, and shall be accompanied by the applicable showings required by
Secs. 21.13, 21.15, 21.17 and 21.39 of this chapter.
(d) The Commission shall be promptly notified in writing when a
licensee is voluntarily or involuntarily placed in bankruptcy or
receivership and when an individual licensee, a member of a partnership
which is a licensee, or a person directly or indirectly in control of a
corporation which is a licensee, dies or becomes legally disabled.
Within thirty days after the occurrence of such bankruptcy,
receivership, death or legal disability, an application of involuntary
assignment of such license, or involuntary transfer of control of such
corporation, shall be filed with the Commission, requesting assignment
or transfer to a successor legally qualified under the laws of the place
having jurisdiction over the assets involved.
(e) The assignor of a station licensed under this part may retain no
right of reversion or reassignment of the license and may not reserve
the right to use the facilities of the station for any period
whatsoever. No assignment of license will be granted or authorized if
there is a contract or understanding, express or implied, pursuant to
which a right of reversion or reassignment of the license or right to
use the facilities are retained as partial or full consideration for the
assignment or transfer.
(f) No special temporary authority, or any rights thereunder, shall
be assigned or otherwise disposed of, directly or indirectly,
voluntarily or involuntarily, without prior Commission approval.
(g) 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).
[ 52 FR 37780 , Oct. 9, 1987, as amended at 54 FR 11953 , Mar. 23, 1989; 59 FR 9101 , Feb. 25, 1994]
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.