https://urgentcomm.com/wp-content/themes/ucm_child/assets/images/logo/footer-new-logo.png
  • Home
  • News
  • Multimedia
    • Back
    • Multimedia
    • Video
    • Podcasts
    • Galleries
    • IWCE’s Video Showcase
    • Product Guides
  • Commentary
    • Back
    • Commentary
    • Urgent Matters
    • View From The Top
    • All Things IWCE
    • Legal Matters
  • Resources
    • Back
    • Resources
    • Webinars
    • White Papers
    • Reprints & Reuse
  • IWCE
    • Back
    • IWCE
    • Conference
    • Special Events
    • Exhibitor Listings
    • Premier Partners
    • Floor Plan
    • Exhibiting Information
    • Register for IWCE
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Terms of Service
    • Privacy Statement
    • Cookie Policy
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • Mission Critical Technologies
    • TU-Auto
  • In the field
    • Back
    • In the field
    • Broadband Push-to-X
    • Internet of Things
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Call Center/Command
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Network Tech
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Operations
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Regulations
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • Organizations
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
Urgent Communications
  • NEWSLETTER
  • Home
  • News
  • Multimedia
    • Back
    • Video
    • Podcasts
    • Omdia Crit Comms Circle Podcast
    • Galleries
    • IWCE’s Video Showcase
    • Product Guides
  • Commentary
    • Back
    • All Things IWCE
    • Urgent Matters
    • View From The Top
    • Legal Matters
  • Resources
    • Back
    • Webinars
    • White Papers
    • Reprints & Reuse
    • UC eZines
    • Sponsored content
  • IWCE
    • Back
    • Conference
    • Why Attend
    • Exhibitor Listing
    • Floor Plan
    • Exhibiting Information
    • Join the Event Mailing List
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Cookie Policy
    • Terms of Service
    • Privacy Statement
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • TU-Auto
  • newsletter
  • In the field
    • Back
    • Internet of Things
    • Broadband Push-to-X
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Cybersecurity
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
acc.com

Legal Matters


Commentary

Proper license transfers save a lot of grief

Proper license transfers save a lot of grief

Following proper spectrum-license transfer procedures in a timely manner can save the licensees future grief and penalties from the FCC.
  • Written by
  • 21st February 2013

At first blush, the American Airlines-US Airways merger announcment may not seem to have much to do with communications, but it does. Airlines have hundreds of wireless licenses that support two-way-radio ground systems and air-to-ground operations.

With certain limited exceptions, all licensees must receive commission approval before assigning or transferring control of FCC licenses or permits. This requirement derives from Section 310(d) of the Communications Act, which 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 [FCC] and upon finding by the commission that the public interest, convenience, and necessity will be served thereby.”

There is a limited exception that applies to “private-wireless applicants seeking assignments or transfers of control of licenses for existing stations below 470 MHz or in the one-way paging 929-930 MHz band.” Once a Form 601 application for approval of an assignment or transfer of control is filed, the applicant may operate the existing station for a maximum of 180 days.

When ruling who controls a common-carrier licensee and if there was a de facto transfer of control, the FCC asks:

(1) Does the licensee have unfettered use of all facilities and equipment?

(2) Who controls daily operation?

(3) Who determines and carries out the policy decisions, including preparing and filing FCC applications?

(4) Who is in charge of employment, supervision and dismissal of personnel?

(5) Who is in charge of paying financing obligations?

(6) Who receives monies and profits from the operation of the facilities?

Under Section 1.80 of the commission’s rules, unauthorized substantial transfers of control are subject to a base penalty of $8,000 per violation. The maximum penalty is $16,000 for each violation or each day of a continuing violation, with a maximum of $112,500 for a single act or failure to act.

In 2001, Xcel Energy entered into a consent decree with the FCC, agreeing to implement a compliance program and paying $20,000. The case involved transactions going back to 1993, although Xcel Energy did not apply for FCC approval until 2000 (the commission granted the requested approvals). Several hundred licenses were involved.

Wisconsin Energy paid a $25,000 penalty and implemented a compliance program after failing to apply for a spectrum-license transfer until 13 years after the transaction took place. In 1998, the FCC issued a Notice of Apparent Liability (NAL), including a $20,000 penalty, to Puget Sound Energy for the unauthorized transfer of control of 125 licenses.

Because of these rules, licensees must be very careful to consider FCC processing time frames in considering closing dates on transactions. Failure to do so can have significant consequences.

What do you think? Tell us in the comment box below.

Alan Tilles is a partner at Shulman Rogers and counsel to hundreds of entities in the wireless industry. E-mail: [email protected] Twitter: @landmobilelaw

Tags: Regulation Commentary FCC Policy Legal Matters Commentary

Most Recent


  • Federal agencies infested by cyberattackers via legit remote-management systems
    It has come to light that hackers cleverly utilized two off-the-shelf remote monitoring and management systems (RMMs) to breach multiple Federal Civilian Executive Branch (FCEB) agency networks in the US last summer. On Jan. 25, the Cybersecurity and Infrastructure Security Agency (CISA), National Security Agency (NSA), and Multi-State Information Sharing and Analysis Center (MS-ISAC) released […]
  • How 5G is making cities safer, smarter, and more efficient
    It’s a scenario we’ve all experienced: an ambulance with a blaring siren racing against time to get a person in medical distress to a hospital through traffic. What we don’t see is 5G connectivity enabling paramedics to communicate with hospital staff via video conference and coordinate care in real-time before arriving at the emergency room. […]
  • MCPTT interworking for critical communications
    The goal of mission-critical communication systems is to minimize the response time of first responders in emergency situations across several agencies. A dedicated push-to-talk button offers an efficient mechanism that simplifies the speaker-to-listener process to a minimum. This feature is useful when coordinating large group activities and to enable the instant flow of tactical status […]
  • Self-driving cars present terrorism risk, FBI director says
    The rollout of self-driving cars could mean an increased threat of terrorist attacks. That was the alarming warning delivered during a discussion on national security at the World Economic Forum at Davos in Switzerland. While the safety benefits of autonomous vehicles (AVs) have long been touted, the need for caution was highlighted by Federal Bureau […]

Related Content

Commentary


How 5G is making cities safer, smarter, and more efficient

26th January 2023

3GPP moves Release 18 freeze date to March 2024

18th January 2023

Do smart cities make safer cities?

  • 1
6th January 2023
view all

Events


UC Ezines


IWCE 2019 Wrap Up

13th May 2019
view all

Twitter


UrgentComm

AT&T FirstNet unleashes robotic dogs for emergency services dlvr.it/ShW7p8

27th January 2023
UrgentComm

Federal agencies infested by cyberattackers via legit remote-management systems dlvr.it/ShVhn3

26th January 2023
UrgentComm

How 5G is making cities safer, smarter, and more efficient dlvr.it/ShVS1h

26th January 2023
UrgentComm

MCPTT interworking for critical communications dlvr.it/ShTm3P

26th January 2023
UrgentComm

Self-driving cars present terrorism risk, FBI director says dlvr.it/ShTTHx

26th January 2023
UrgentComm

UK Home Office officially will cut ESN ties with Motorola Solutions in December dlvr.it/ShNjfN

24th January 2023
UrgentComm

Newscan: Police software vendor breach exposes personal data, raid plans dlvr.it/ShN0q2

24th January 2023
UrgentComm

RT @IWCEexpo: We're so excited about our awesome list of speakers! Today we highlight Budge Currier, a 9-1-1 Branch Manager at CAL OES, res…

24th January 2023

Newsletter

Sign up for UrgentComm’s newsletters to receive regular news and information updates about Communications and Technology.

Expert Commentary

Learn from experts about the latest technology in automation, machine-learning, big data and cybersecurity.

Business Media

Find the latest videos and media from the market leaders.

Media Kit and Advertising

Want to reach our digital and print audiences? Learn more here.

DISCOVER MORE FROM INFORMA TECH

  • American City & County
  • IWCE
  • Light Reading
  • IOT World Today
  • Mission Critical Technologies
  • TU-Auto

WORKING WITH US

  • About Us
  • Contact Us
  • Events
  • Careers

FOLLOW Urgent Comms ON SOCIAL

  • Privacy
  • CCPA: “Do Not Sell My Data”
  • Cookie Policy
  • Terms
Copyright © 2023 Informa PLC. Informa PLC is registered in England and Wales with company number 8860726 whose registered and Head office is 5 Howick Place, London, SW1P 1WG.