Sec.  27.1201   EBS eligibility.

   (a) A license for an Educational Broadband Service station will be issued
   only to an accredited institution or to a governmental organization engaged
   in the formal education of enrolled students or to a nonprofit organization
   whose  purposes  are educational and include providing educational and
   instructional  television material to such accredited institutions and
   governmental organizations, and which is otherwise qualified under the
   statutory provisions of the Communications Act of 1934, as amended.

   (1) A publicly supported educational institution must be accredited by the
   appropriate State department of education.

   (2) A privately controlled educational institution must be accredited by the
   appropriate State department of education or the recognized regional and
   national accrediting organizations.

   (3)  Those applicant organizations whose eligibility is established by
   service to accredited institutional or governmental organizations must
   submit documentation from proposed receive sites demonstrating that they
   will receive and use the applicant's educational usage. In place of this
   documentation,  a  state  educational  television (ETV) commission may
   demonstrate that the public schools it proposes to serve are required to use
   its proposed educational usage. Documentation from proposed receive sites
   which are to establish the eligibility of an entity not serving its own
   enrolled students for credit should be in letter form, written and signed by
   an administrator or authority who is responsible for the receive site's
   curriculum planning. No receive site more than 35 miles from the transmitter
   site shall be used to establish basic eligibility. The administrator must
   indicate that the applicant's program offerings have been viewed and that
   such programming will be incorporated in the site's curriculum. The letter
   should discuss the types of programming and hours per week of formal and
   informal programming expected to be used and the site's involvement in the
   planning, scheduling and production of programming. If other levels of
   authority must be obtained before a firm commitment to utilize the service
   can be made, the nature and extent of such additional authorization(s) must
   be provided.

   (4) Nonlocal applicants, in addition to submitting letters from proposed
   receive  sites,  must demonstrate the establishment of a local program
   committee in each community where they apply. Letters submitted on behalf of
   a nonlocal entity must confirm that a member of the receive site's staff
   will serve on the local program committee and demonstrate a recognition of
   the composition and power of the committee. The letter should show that the
   staff member will aid in the selection, scheduling and production of the
   programming received over the system.

   (b) No numerical limit is placed on the number of stations which may be
   licensed to a single licensee. A single license may be issued for more than
   one transmitter if they are to be located at a common site and operated by
   the  same licensee. Applicants are expected to accomplish the proposed
   operation by the use of the smallest number of channels required to provide
   the needed service.

   (c) [Reserved]

   (d) This paragraph applies to EBS licensees and applications licensed or
   filed pursuant to the provisions of  Sec. 27.1201(c) contained in the edition of
   47 CFR parts 20 to 39, revised as of October 1, 2005, or  Sec.  Sec. 74.990 through
   74.992 contained in the edition of 47 CFR parts 70 to 79, revised as of
   October 1, 2004, of this chapter, and that do not meet the eligibility
   requirements of paragraph (a) of this section. Such licensees may continue
   to operate pursuant to the terms of their existing licenses, and their
   licenses may be renewed, assigned, or transferred, so long as the licensee
   is otherwise in compliance with this chapter. Applications filed pursuant to
   the provisions of former  Sec. 27.1201(c) or  Sec.  Sec. 74.990 through 74.992 of this
   chapter may be processed and granted, so long as such applications were
   filed prior to July 19, 2006.

   [ 69 FR 72034 , Dec. 10, 2004, as amended at  71 FR 35190 , June 19, 2006]