§ 1.70013 Pro forma assignment and transfer of control notifications.
(a)A pro forma assignee or a licensee that is the subject of a pro forma transfer of control of a cable landing license is not required to seek prior approval for the pro forma transaction. A pro forma assignee or licensee that is the subject of a pro forma transfer of control must notify the Commission no later than thirty (30) days after the assignment or transfer of control is consummated.
(b)Assignments or transfers of control that do not result in a change in the actual controlling party are considered non-substantial or pro forma. Whether there has been a change in the actual controlling party must be determined on a case-by-case basis with reference to the factors listed in note 1 to § 63.24(d) of this chapter. Free access — add to your briefcase to read the full text and ask questions with AI
§ 1.70013 Pro forma assignment and transfer of control notifications.
(a) A pro forma assignee or a licensee that is the subject of a pro forma transfer of control of a cable landing license is not required to seek prior approval for the pro forma transaction. A pro forma assignee or licensee that is the subject of a pro forma transfer of control must notify the Commission no later than thirty (30) days after the assignment or transfer of control is consummated.
(b) Assignments or transfers of control that do not result in a change in the actual controlling party are considered non-substantial or pro forma. Whether there has been a change in the actual controlling party must be determined on a case-by-case basis with reference to the factors listed in note 1 to § 63.24(d) of this chapter. The types of transactions listed in note 2 to § 63.24(d) of this chapter will be considered presumptively pro forma and prior approval from the Commission need not be sought. A notification of a pro forma assignment or transfer of control shall include the following information:
(1) The information requested in § 1.70005(a) through (c) for both the assignor/transferor and the assignee/transferee.
(2) The information required in § 1.70005(d).
(3) A narrative describing the means by which the pro forma assignment or transfer of control occurred.
(4) The information and certifications required in § 63.18(h), (o), and (q) of this chapter for the assignee or the transferee and the licensee that is the subject of the transfer of control.
(5) The notification shall also specify, on a segment specific basis, the percentage of voting and ownership interests being assigned or transferred in the cable system, including in the U.S. portion of the cable system (which includes all U.S. cable landing station(s)).
(6) The notification must certify that the assignment or transfer of control was pro forma, as defined in this paragraph (b), and, together with all previous pro forma transactions, does not result in a change of the licensee's ultimate control.
(7) The information and certifications required in § 1.70005(j)(2) through (5).
(8) A certification that the assignee or the transferee and the licensee that is the subject of the transfer of control accepts and will abide by the routine conditions specified in § 1.70007.
(9) A certification as to whether or not the licensee, assignor/transferor, or assignee/transferee exhibit any of the criteria set out in the presumptive disqualifying conditions under §§ 1.70002(c)(1) and 1.70004(a)(1).
(10) The licensee may file a single notification for an assignment or transfer of control of multiple licenses issued in the name of the licensee if each license is identified by the file number under which it was granted.
(11) The Commission reserves the right to request additional information concerning the transaction to aid it in making its public interest determination.
[90 FR 48699, Oct. 27, 2025]