Sec. 78.13  Eligibility for license.

    A license for CARS station will be issued only:
    (a) To the owner or one who is responsible for the management and 
operation of a cable television system,
    (b) To a cooperative enterprise wholly owned by cable television 
owners or operators, or
    (c) A cable network-entity upon showing that the applicant is 
qualified under the Communications Act of 1934, that frequencies are 
available for the proposed operation, and that the public interest, 
convenience, and necessity will be served by a grant thereof.
    (d) Licensees and conditional licensees of channels in the 
Multipoint Distribution Service and Multichannel Multipoint Distribution 
Service as defined in Sec. 21.2 of this chapter, or entities that hold 
an executed lease agreement with an MDS or MMDS licensee or conditional 
licensee or with an Instructional Television Fixed Service licensee or 
permittee.

[[Page 665]]

    (e) Licensees, construction permittees, and applicants of channels 
in the Instructional Television Fixed Service (ITFS) as defined in 
Sec. 74.901 if:
    (1) The station is authorized or the application proposes 
authorization as a point-to-point operation; and
    (2) Grant of a CARS license would allow displacement of any E or F 
channel of the ITFS point-to-point operation by a Multipoint 
Distribution Service (MDS) or Multichannel Multipoint Distribution 
Service (MMDS) applicant, conditional licensee, or licensee.

[ 52 FR 7144 , Mar. 9, 1987, as amended at  55 FR 46015 , Oct. 31, 1990;  56 FR 57601 , Nov. 13, 1991]