Sec.  74.932   Eligibility and licensing requirements.

   

   (a) With certain limited exceptions set forth in Sec. Sec. 74.990 through
   74.992 of this part, a license for an instructional television fixed
   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) Only local applicants can file applications and be considered for
   licenses during the local priority period, which extends for one year
   from the effective date of these rules.

   (i) During this local priority period, the existing of any outstanding
   application for ITFS channels by a nonlocal applicant will not prevent
   the filing and/or grant of an application by a local entity for those
   same channels.

   (2) A publicly supported educational institution must be accredited by
   the appropriate state department of education.

   (3) A privately controlled educational institution must be accredited
   by the appropriate state department of education or the recognized
   regional and national accrediting organizations.

   (4) 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.

   (5) 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.

   (b) No numerical limit is placed on the number of stations which may
   be licensed to a single licensee. However, individual licensees will
   be governed by the limitations of Sec. Sec. 74.902 and 74.990(d) of this part
   as to the number of channels which may be used. 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) An application for a new instructional television fixed station or
   for changes in the facilities of an existing station shall specify the
   location of the transmitter, all proposed receiving installations,
   response transmitters, and any relay transmitters which will be under
   the control of or will be equipped for reception by the applicant. If
   reception is also intended at unspecified locations, i.e., if power is
   deliberately radiated to locations or areas so that voluntary
   reception will be possible, the applications shall include a complete
   statement as to the purpose of such additional reception.

   (d) In case of permanent discontinuance of operation of a station
   licensed under this subpart, authority to operate is forfeited and the
   licensee shall forward the station license to the Commission for
   cancellation. For the purposes of this section, a station which is not
   operated for a period of one year is considered to have been
   permanently discontinued. If use of a channel(s) is discontinued,
   authority to operate on such channel(s) is forfeited and an
   application for modification shall be filed to delete such channel(s).

   (e) No receive site more than 35 miles from the transmitter site shall
   be used to establish basic eligibility.

     NOTE: Note 1:

     A "local" licensee (or applicant) is an institution or organization
     that is physically located in the community, or metropolitan area,
     where service is proposed. For a college or university, this would
     include any area where it has a campus. An educational organization
     will generally be regarded as "local" if the address of the
     organization's headquarters is located within the area where the
     facility is sought. An entity created by a state or local
     government for the purpose of serving formal educational needs will
     be considered "local" throughout the area within the government's
     jurisdiction over which its authority is intended to extend. An
     educational entity located within a state and created by affiliated
     educational institutions within that state, including hospitals,
     will be considered "local" in those areas where the member
     institutions are located.

     NOTE: Note 2:

     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. 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.

     NOTE: Note 3:

     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.

   [ 28 FR 13731 , Dec. 14, 1963, as amended at  36 FR 8873 , May 14, 1971;
    49 FR 32596 , Aug. 15, 1984;  50 FR 26760 , June 28, 1985;  51 FR 9800 ,
   Mar. 21, 1986;  56 FR 57819 , Nov. 14, 1991;  58 FR 44951 , Aug. 25, 1993;
    60 FR 20247 , Apr. 25, 1995;  64 FR 63739 , Nov. 22. 1999]