Goto Section: 27.1200 | 27.1202 | Table of Contents
FCC 27.1201
Revised as of October 1, 2008
Goto Year:2007 |
2009
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 proposed
station's central reference point, or outside the applicants' proposed GSA,
shall be used to establish basic eligibility. Where broadband or data
services are proposed, the letter should indicate that the data services
will be used in furtherance of the institution's educational mission and
will be provided to enrolled students, faculty and staff in a manner and in
a setting conducive to educational usage. Where traditional educational or
instructional video services are proposed, the letter should indicate that
the applicant's program offerings have been viewed and that such programming
will be incorporated in the site's curriculum. Where educational or
instructional video services are proposed, 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 through 39, revised as of October 1, 2005, or Sec. Sec. 74.990
through 74.992 contained in the edition of 47 CFR parts 70 through 79,
revised as of October 1, 2004, 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 Sec. 27.1201(c) contained in the edition of 47 CFR parts 20
through 39, revised as of October 1, 2005 or Sec. Sec. 74.990 through 74.992
contained in the edition of 47 CFR parts 70 through 79, revised as of
October 1, 2004 may be processed and granted, so long as such applications
were filed prior to July 19, 2006. The provisions of Sec. Sec. 27.1203(b) through
(d) and 27.1214 of this subpart do not apply to licenses governed by this
paragraph.
[ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35190 , June 19, 2006; 73 FR 26040 , May 8, 2008]
Goto Section: 27.1200 | 27.1202
Goto Year: 2007 |
2009
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