Sec. 74.992  Access to channels licensed to wireless cable entities.

    (a) An educational institution or entity that would be eligible for 
ITFS channels that are licensed to a wireless cable entity may be 
entitled to access to those channels. Requests for access may be made by 
application to the Commission on FCC Form 330 with a copy simultaneously 
served on the wireless cable licensee. An applicant for access must fill 
out sections I, II, III and IV of the ITFS application Form 330. Section 
I, question 1 should be answered by spelling out, ``For access to 
existing facilities.'' Section I, question 2b should include the name of 
the wireless cable licensee or applicant. A cover letter must clearly 
indicate that the application is for ITFS access to a wireless cable 
entity's facilities on ITFS channels.
    (b) An ITFS entity determined by the Commission to have right of 
access to wireless cable licensed facilities may have access to a 
maximum of 40 hours per channel per week. The ITFS entity has the right 
to designate 20 of those hours as follows:
    (1) 3 hours of the ITFS entity's choice each day, Monday through 
Friday, between 8 a.m. and 10 p.m., excluding weekends, holidays and 
school vacations; and
    (2) The remaining five hours any time of the ITFS entity's choice 
between 8 a.m. and 10 p.m., Monday through Saturday.
    (c) No time-of-day and day-of-week obligations will be imposed on 
either party with respect to the other 20 hours of access time.
    (d) The ITFS user must provide the wireless cable licensee with its 
planned scheduled of use four months in advance. No minimum amount of 
programming will be required of an ITFS operator seeking access to one 
channel; for access to a second channel, the ITFS user must use at least 
20 hours per week on the first channel from 8 a.m. to 10 p.m., Monday 
through Saturday; for access to a third channel, the ITFS entity must 
use at least 20 hours per week on the first channel and on the second 
channel during the hours prescribed above, and so on. Only one 
educational institution or entity per wireless cable licensed channel 
will be entitled to access from the wireless cable entity. Access will 
not be granted to a single entity for more than four channels, unless it 
can satisfy the waiver provisions of Sec. 74.902(d) of this part.
    (e) When an ITFS entity is granted access to an ITFS channel of a 
wireless cable licensee, the wireless cable licensee will be required to 
pay half of the cost of five standard receive sites on that channel. The 
wireless cable entity may, at its option, pay the costs of an 
application and facility construction for such ITFS entity on other 
available ITFS channels, including half of the cost of five receive 
sites per channel.
    (f) An instructional television fixed service entity granted access 
to instructional television fixed service channels licensed to a 
wireless cable entity will have the interference protection afforded 
ITFS licensees (see Sec. 74.903 of this part).
    (g) After three years of operation, a wireless cable entity licensed 
to use ITFS channels will not be required to grant new or additional 
access to such ITFS channels, or provide any alternative facilities to 
any ITFS entity seeking access to its facilities, if there are suitable 
ITFS frequencies available for the ITFS entity to build its own system.
    (h) The parties may mutually agree to modify any requirements or 
obligations imposed by these provisions, except for the requirement that 
an educational entity use at least 20 hours per week on a channel of a 
wireless cable licensee before requesting access to an additional 
channel.

[ 56 FR 57821 , Nov. 14, 1991]