Applications for Transfer of Control in Mergers and Acquisitions

Telecommunications carriers seeking to transfer assets or corporate control in mergers and acquisitions must first receive approval from the FCC. The Commission examines the public interest impact of a proposed domestic or international transaction.

Pursuant to Section 214 of the Communications Act of 1934, sections 63.03 and 63.04 of the Commission's rules govern procedures for domestic transfer of control/asset applications. The rules also:

• Provide guidance on pro forma transfers
• Provide for jointly-filed applications for domestic and international services
• Describe six categories of transactions that are presumptively accorded streamlined treatment resulting in an automatic grant 31 days following public notice of the application. 

Carriers must file a discontinuance application when an acquisition will result in a reduction or impairment of service.

In any transaction, carriers acquiring all or part of another carrier's subscriber base must notify subscribers and meet other requirements in section 64.1120(e) of the Commission's rules.

International mergers and acquisitions are subject to section 63.24 of the FCC’s rules.  International applications are reviewed by the International Bureau