Sec.  74.990   Use of available instructional television fixed service
frequencies by wireless cable entities.

   

   (a) Notwithstanding the provisions Sec. Sec. 74.931 and 74.932 of this part, a
   wireless cable entity may be licensed on instructional television
   fixed service frequencies in areas where at least eight other
   instructional television fixed service channels remain available in
   the community for future ITFS use. Channels will be considered
   available for future ITFS 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 ITFS applicants on those
   channels within three years of commencing operation.

   (b) No more than eight instructional television fixed service channels
   per community may be licensed to wireless cable entities.

   (c) To be licensed on instructional television fixed service channels,
   a wireless cable applicant must hold a conditional license, license or
   a lease, or must have filed an unopposed application for at least four
   MDS channels to be used in conjunction with the facilities proposed on
   the ITFS 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 an MDS or
   MMDS application is opposed, the companion ITFS application will be
   returned.

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

   (e) If an instructional television fixed service application and a
   wireless cable application for available instructional television
   fixed service facilities are mutually exclusive, as defined at
   Sec. 21.31(a) of this chapter, the instructional television fixed service
   application will be granted if the applicant is qualified. An
   instructional television fixed service applicant may not file an
   application mutually exclusive with a wireless cable application if
   there are other instructional television fixed service channels
   available for the proposed instructional television fixed service
   facility.

   (f) The interference protection provided wireless cable applicants and
   licensees of instructional television fixed service facilities will be
   that described in Sec. 21.902 of this chapter.

   [ 56 FR 57820 , Nov. 14, 1991, as amended at  58 FR 44951 , Aug. 25, 1993]