§ 25.119 Assignment or transfer of control of station authorization. ( a ) You must file an application for Commission authorization before you can transfer, assign, dispose of (voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation or any other entity) your construction permit or station license, or accompanying rights, except as provided in paragraph (h) of this section. The Commission will grant your application only if it finds that doing so will serve the public interest, convenience, and necessity.
( 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 ) Effect any change in a controlling interest in the ownership of the licensee, including changes in legal or equitable ownership.
( c ) *Assignment of license.* You must submit an FCC Form 312, Main Form and Schedule A to voluntarily assign (*e.g.*, as by contract or other agreement) or involuntarily assign (*e.g.*, as by death, bankruptcy, or legal disability) your station authorization. You must file these forms electronically through ICFS.
( d ) *Transfer of control of corporation holding license.* If you want to transfer control of a corporation, which holds one or more licenses voluntarily or involuntarily (*de jure* or *de facto*), you must submit an FCC Form 312, Main Form and Schedule A. You must file these forms electronically through ICFS. For involuntary transfers, you must file your application within 10 days of the event causing the transfer of control. You can also use FCC Form 312, Main Form and Schedule A for non-substantial (*pro forma*) transfers of control.
( e ) Whenever a group of station licenses in the same radio service for the same class of facility licensed to the same entity is to be assigned or transferred to a single assignee or transferee, a single application may be filed to cover the entire group, if the application identifies in an exhibit each station by call sign, station location and expiration date of license.
( f ) Assignments and transfers of control shall be completed within 180 days from the date of authorization. Within 30 days of consummation, the Commission shall be notified by letter of the date of consummation and the file numbers of the applications involved in the transaction.
( g ) The Commission retains discretion in reviewing assignments and transfers of control of space station licenses to determine whether the initial license was obtained in good faith with the intent to construct a satellite system.
( h ) *Pro forma transactions involving a telecommunications carrier.* You do not need prior Commission approval for a non-substantial (*pro forma*) transfer of control or assignment of license involving a telecommunications carrier, as defined in 47 U.S.C. 153(51). However, the *pro forma* transferee or assignee must file a notification with the Commission no later than 30 days after the transfer or assignment is completed. The notification must be filed on FCC Form 312, Main Form and Schedule A and must contain a certification that the transfer of control or assignment was *pro forma* and that, together with all previous *pro forma* transactions, it did not result in a change in the actual controlling party.
( i ) *Pro forma transactions not involving a telecommunications carrier.* A complete application for Commission approval of a non-substantial (*pro forma*) transfer of control or assignment of license not involving a telecommunications carrier, as defined in 47 U.S.C. 153(51), will be deemed granted one business day after filing, provided that: ( 1 ) Approval does not require a waiver of, or a declaratory ruling pertaining to, any applicable Commission rule; and
( 2 ) The application includes a certification that the proposed transfer of control or assignment is *pro forma* and that, together with all previous *pro forma* transactions, it would not result in a change in the actual controlling party.
( j ) *Receive-only earth station registrations.* You do not need prior Commission approval for a transfer of control or assignment of a receive-only earth station registration. For all such transactions other than non-substantial (*pro forma*) transfers of control, the transferee or assignee must file a notification with the Commission on FCC Form 312, Main Form and Schedule A no later than 30 days after the transfer or assignment is completed. No notification is required for a *pro forma* transfer of control of a receive-only earth station registrant.
[56 FR 24016, May 20, 1991; 56 FR 29757, June 20, 1991. Redesignated and amended at 62 FR 5928, 5929, Feb. 10, 1997; 68 FR 51503, Aug. 27, 2003; 69 FR 29901, May 26, 2004; 78 FR 8421, Feb. 6, 2013; 79 FR 51264, Aug. 28, 2014; 81 FR 55329, Aug. 18, 2016; 88 FR 21440, Apr. 10, 2023]