Licensees that are considering merger, reorganization or other ownership transactions should take steps to ensure that they are in compliance with Section 310(d) of the Communications Act and the Commission's rules regarding assignments and transfers of control of FCC licenses and permits.
Section 310(d) states:
No construction permit or 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 holding such permit or 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.
47 U.S.C. § 310(d).
The specific requirements implementing Section 310(d) and the process for obtaining any necessary FCC authority are explained in the Commission's rules for each radio service. Licensees are encouraged to consult these rules before closing on transactions. Failure to obtain FCC authority prior to consummating assignments and transfers of control may result in enforcement action.
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