Sec.  27.1201   EBS eligibility.

   (a) With certain limited exceptions set forth in paragraph (c) of this
   section, 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)(1) Notwithstanding paragraph (a) of this section, a wireless cable
   entity may be licensed on EBS frequencies in areas where at least eight
   other EBS channels remain available in the community for future EBS use.
   Channels will be considered available for future EBS use if there are no
   co-channel operators or applicants within 80.5 km (50 miles) of the
   transmitter site of the proposed wireless cable operation, and if the
   transmitter site remains available for use at reasonable terms by new EBS
   applicants on those channels within three years of commencing operation.

   (2) No more than eight EBS channels per community may be licensed to
   wireless cable entities.

   (3) To be licensed on EBS channels, a wireless cable applicant must hold a
   license or a lease, or must have filed an unopposed application for at least
   four BRS channels to be used in conjunction with the facilities proposed on
   the EBS frequencies. An unopposed application is one that faces no competing
   application(s) or petition(s) to deny. Applicants will be required to
   confirm their unopposed status after the period for filing competing
   applications and petitions to deny has passed. If a BRS application is
   opposed, the companion EBS application will be returned.

   (4) To be licensed on EBS channels, a wireless cable applicant must show
   that there are no BRS channels available for application, purchase or lease
   that could be used in lieu of the EBS frequencies applied for. A wireless
   cable entity may apply for EBS channels at the same time it applies for the
   related BRS frequencies, but if that BRS application is opposed by a timely
   filed mutually exclusive application or petition to deny, the application
   for EBS facilities will be returned.

   (5) If an EBS application and a wireless cable application for available EBS
   facilities are mutually exclusive, the EBS application will be granted if
   the applicant is qualified. An EBS applicant may not file an application
   mutually exclusive with a wireless cable application if there are other EBS
   channels available for the proposed EBS facility.

   (6)(i) An educational institution or entity that would be eligible for EBS
   channels that are licensed to a wireless cable entity may be entitled to
   access to those channels. Requests for access may be made by filing a
   request with the Commission. A cover letter must clearly indicate that the
   application is for EBS access to a wireless cable entity's facilities on EBS
   channels.

   (ii) An EBS 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 EBS entity has the right to designate 20 of those
   hours as follows: 3 hours of the EBS entity's choice each day, Monday
   through Friday, between 8 a.m. and 10 p.m., excluding weekends, holidays and
   school vacations; and the remaining five hours any time of the EBS entity's
   choice between 8 a.m. and 10 p.m., Monday through Saturday.

   (iii) 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.

   (iv) The EBS user must provide the wireless cable licensee with its planned
   schedule of use four months in advance. No minimum amount of programming
   will be required of an EBS operator seeking access to one channel; for
   access to a second channel, the EBS 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 EBS 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. 27.5(i)(3).

   (v) When an EBS entity is granted access to an EBS 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 EBS entity on other available EBS channels, including
   half of the cost of five receive sites per channel.

   (vi) After three years of operation, a wireless cable entity licensed to use
   EBS channels will not be required to grant new or additional access to such
   EBS channels, or provide any alternative facilities to any EBS entity
   seeking access to its facilities, if there are suitable EBS frequencies
   available for the EBS entity to build its own system.

   (vii) 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.