Sec. 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 
Sec. 90.725(a) or Sec. 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 
Sec. 90.725. The assignee or transferee of a Phase I nationwide system 
is not subject to the entry criteria described in Sec. 90.713.
    (d) A licensee may not partially assign any authorization granted 
pursuant to the subpart.
    (e) The assignee or transferee of a Phase II system is subject to 
the provisions of Sec. 90.1017 and Sec. 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]

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