Sec.  21.40   Modification of station license.

   

   (a) Except as provided in Sec. Sec. 21.41 and 21.42, no modification of a
   license issued pursuant to this part (or the facilities described
   thereunder) shall be made except upon application to the Commission
   and upon finding by the Commission that:

   (1) Such modification will promote the public interest, convenience
   and necessity, or

   (2) That the provisions of the Communications Act of 1934 or of any
   treaty ratified by the United States will be more fully complied with
   if such application is granted.

   (b) No application for modification to extend a license construction
   period will be granted for delays caused by lack of financing or for
   lack of site availability. Applications for time extensions for other
   reasons must include a verified statement from the application showing
   that the licensee has made diligent efforts to construct the
   facilities and:

   (1) That additional time is required due to circumstances beyond the
   applicant's control, in which case the applicant must describe such
   circumstances and must set forth with specificity and justify the
   precise extension period requested; or

   (2) That there are unique and overriding public interest concerns that
   justify such an extension, in which case the applicant must identify
   such interests and must set forth and justify a precise extension
   period.

   (c) Notwithstanding the provisions of paragraph (b), when a station
   license has been assigned or transferred pursuant to Sec. 21.38, any
   extension of time will be limited so that the time left to construct
   after Commission grant of the transfer or assignment will be no more
   than the time remaining for construction at the date of the filing of
   the application for transfer or assignment.

   [ 52 FR 37780 , Oct. 9, 1987]