Sec.  74.902   Frequency assignments.

   

   (a) The following frequencies may be assigned to instructional
   television fixed stations:


------------------------------------------------------------------------
                                                             Band limits
                        Channel No.                              MHz
------------------------------------------------------------------------
                                 group a
------------------------------------------------------------------------
A-1........................................................    2500-2506
A-2........................................................    2512-2518
A-3........................................................    2524-2530
A-4........................................................    2536-2542
------------------------------------------------------------------------
                                 group b
------------------------------------------------------------------------
B-1........................................................    2506-2512
B-2........................................................    2518-2524
B-3........................................................    2530-2536
B-4........................................................    2542-2548
------------------------------------------------------------------------
                                 group c
------------------------------------------------------------------------
C-1........................................................    2548-2554
C-2........................................................    2560-2566
C-3........................................................    2572-2578
C-4........................................................    2584-2590
------------------------------------------------------------------------
                                 group d
------------------------------------------------------------------------
D-1........................................................    2554-2560
D-2........................................................    2566-2572
D-3........................................................    2578-2584
D-4........................................................    2590-2596
------------------------------------------------------------------------
                                 group e
------------------------------------------------------------------------
E-1........................................................    2596-2602
E-2........................................................    2608-2614
E-3........................................................    2620-2626
E-4........................................................    2632-2638
------------------------------------------------------------------------
                                 group f
------------------------------------------------------------------------
F-1........................................................    2602-2608
F-2........................................................    2614-2620
F-3........................................................    2626-2632
F-4........................................................    2638-2644
------------------------------------------------------------------------
                                 group g
------------------------------------------------------------------------
G-1........................................................    2644-2650
G-2........................................................    2656-2662
G-3........................................................    2668-2674
G-4........................................................    2680-2686
------------------------------------------------------------------------

   (b) Instructional Television Fixed Stations authorized to operate on
   Channels 2650-2656, 2662-2668, and 2674-2680 MHz as of July 16, 1971,
   may continue to operate on a coequal basis with other stations
   operating in accordance with the Table of Frequency Allocations.
   Requests for subsequent renewals or modification of existing licenses
   will be considered; however, expansion of systems comprised of such
   stations will not be permitted except on frequencies allocated for the
   service.

   (c) Channels 2596-2602, 2602-2608, 2608-2614, 2614-2620, 2620-2626,
   2626-2632, 2632-2638, and 2638-2644 MHz and the corresponding 125 kHz
   channels listed in Sec. 74.939(j) are shared with the Multipoint
   Distribution Service. No new Instructional Television Fixed Service
   applications for these channels filed after May 25, 1983 will be
   accepted, except in accordance with paragraph (f) of this section. In
   those areas where Multipoint Distribution Service use of these
   channels is allowed, Instructional Television Fixed Service users of
   these channels will continue to be afforded protection from harmful
   cochannel and adjacent channel interference from Multipoint
   Distribution Service stations, pursuant to Sec. 21.902 of this chapter.

     NOTE: Note to paragraph (c):

     No 125 kHz channels are provided for Channels E3, E4, F3 and F4,
     except for those grandfathered. The 125 kHz channels associated
     with Channels E3, E4, F3 and F4 are allocated to the Private
     Operational Fixed Point-to-Point Microwave Service, pursuant to
     Sec. 101.147(g) of this chapter.

   (d) Frequencies will be assigned as follows:

   (1) A licensee is limited to the assignment of no more than four 6 MHz
   and four 125 kHz channels for use in a single area of operation, all
   of which 6 MHz channels initially should be selected from the same
   Group listed in paragraph (a) of this section, but which later may
   come from different Groups as a result of authorized channel swaps
   pursuant to paragraph (f) of this section. An area of operation is
   defined as the area 35 miles or less from the ITFS main station
   transmitter. Applicants shall not apply for more channels than they
   intend to construct within a reasonable time, simply for the purpose
   of reserving additional channels. The number of channels authorized to
   an applicant will be based on the demonstration of need for the number
   of channels requested. The Commission will take into consideration
   such factors as the amount of use of any currently assigned channels
   and the amount of proposed use of each channel requested, the amount
   of, and justification for, any repetition in the schedules, and the
   overall demand and availability of ITFS channels in the community. For
   those applicant organizations formed for the purpose of serving
   accredited institutional or governmental organizations, evaluation of
   the need will only consider service to those specified receive sites
   which submitted supporting documentation pursuant to Sec. 74.932(a)(4).

   (2) An applicant leasing excess capacity and proposing a schedule
   which complies in all respects with the requirements of Sec. 74.931 (c) or
   (d) will have presumptively demonstrated need, in accordance with
   paragraph (d)(1) of this section, for no more than four channels. This
   presumption is rebuttable by demonstrating that the application does
   not propose to comport with our educational usage requirements, that
   is, to transmit some formal educational usage, as defined in
   Sec. 74.931(a), and to transmit the requisite minimum educational usage of
   Sec. 74.931 (c) or (d) for genuinely educational purposes.

   (e) Frequencies in the bands 2500-2650 MHz, 2656-2662 MHz, 2668-2674
   MHz, and 2680-2686 MHz are available for point-to-multipoint use
   and/or for communications between ITFS response stations and response
   station hubs when authorized in accordance with the provisions of
   Sec. 74.939, provided that such frequencies may be employed for ITFS
   response stations only when transmitting using digital modulation.

   (f) An ITFS licensee may apply to exchange evenly one or more of its
   assigned channels with another ITFS licensee, or with an MDS licensee
   or conditional licensee, except that an ITFS licensee may not exchange
   one of its assigned channels for MDS channel 2A. The licensees seeking
   to exchange channels shall file in tandem with the Commission separate
   pro forma assignment of license applications, each attaching an
   exhibit which clearly specifies that the application is filed pursuant
   to a channel exchange agreement. The exchanged channel(s) shall be
   regulated according to the requirements applicable to the assignee;
   provided, however, that an ITFS licensee which receives one or more E
   or F Group channels through a channel exchange with an MDS licensee or
   conditional licensee shall not be subject to the restrictions on ITFS
   licensees who were authorized to operate on the E or F Group channels
   prior to May 26, 1983.

   (g) A temporary fixed ITFS station may use any available ITFS channel
   on a secondary basis. Operation of stations located within 56.3 km (35
   miles) of Canada shall be limited by Sec. 74.24(h)(3).

   (h) Where adjacent channel operation is proposed in any area, the
   preferred location of the proposed station's transmitting antenna is
   at the site of the adjacent channel transmitting antenna. If this is
   not practicable, the adjacent channel transmitting antennas should be
   located as close as reasonably possible.

   (i) On the E and F-channel frequencies, a point-to-point ITFS station
   may be involuntarily displaced by an MDS applicant or licensee,
   provided that suitable alternative spectrum is available and that the
   MDS entity bears the expenses of the migration. Suitability of
   spectrum will be determined on a case-by-base basis; at a minimum, the
   alternative spectrum must be licensable by ITFS operators on a primary
   basis (although it need not be specifically allocated to the ITFS
   service), and must provide a signal that is equivalent to the prior
   signal in picture quality and reliability, unless the ITFS licensee
   will accept an inferior signal. Potential expansion of the ITFS
   licensee may be considered in determining whether alternative
   available spectrum is suitable.

   (j) If suitable alternative spectrum is located pursuant to paragraph
   (h) of this section, the initiating party must prepare and file the
   appropriate application for the new spectrum, and must simultaneously
   serve a copy of the application on the ITFS licensee to be moved. The
   initiating party will be responsible for all costs connected with the
   migration, including purchasing, testing and installing new equipment,
   labor costs, reconfiguration of existing equipment, administrative
   costs, legal and engineering expenses necessary to prepare and file
   the migration application, and other reasonable documented costs. The
   initiating party must secure a bond or establish an escrow account to
   cover reasonable incremental increase in ongoing expenses that may
   fall upon the migrated licensee. The bond or escrow account should
   also account for the possibility that the initiating party
   subsequently becomes bankrupt. If it becomes necessary for the
   Commission to assess the sufficiency of a bond or escrow amount, it
   will take into account such factors as projected incremental increase
   in electricity or maintenance expenses, or relocation expenses, as
   relevant in each case.

   (k) The ITFS party to be moved will have a 60-day period in which to
   oppose the involuntary migration. The ITFS party should state its
   opposition to the migration with specificity, including engineering
   and other challenges, and a comparison of the present site and the
   proposed new site. If involuntary migration is granted, the new
   facilities must be operational before the initiating party will be
   permitted to begin its new or modified operations. The migration must
   not disrupt the ITFS licensee's provision of service, and the ITFS
   licensee has the right to inspect the construction or installation
   work.

   [ 29 FR 7023 , May 28, 1964, as amended at  31 FR 10743 , Aug. 12, 1966;
    36 FR 11587 , June 16, 1971;  48 FR 33901 , July 26, 1983;  49 FR 32596 ,
   Aug. 15, 1984;  50 FR 26758 , June 28, 1985;  55 FR 46013 , Oct. 31, 1990;
    56 FR 57819 , Nov. 14, 1991;  58 FR 44951 , Aug. 25, 1993;  59 FR 35636 ,
   July 13, 1994;  60 FR 20246 , Apr. 25, 1995;  63 FR 65113 , Nov. 25, 1998;
    65 FR 46620 , July 31, 2000]