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-
[[Page 452]]
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 response
channels listed in Sec. 74.939(d) 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. In those areas where Multipoint Distribution Service use of
these channels is allowed pursuant to Sec. 21.902, 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.
(d)(1) A licensee is limited to the assignment of no more than four
channels for use in a single area of operation, all of which should be
selected from the same Group listed in paragraph (a) of this section. An
area of operation is defined as the area 20 miles or less from the ITFS
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 Section
74.931(e) will have presumptively demonstrated need, in accordance with
paragraph (d)(1) of this section, for no more than four channels, all
part of the same Group listed in paragraph (a) of this section. This
presumption is rebuttable by demonstrating that the application does not
propose to comport with our educational programming requirements, that
is, to transmit some formal educational programming, as defined in
Section 74.931(a), and to transmit the requisite minimum programming of
Section 74.931(e) for genuinely educational purposes and to receive
sites when students are there.
(e) The same channel may be assigned to more than one station or
more than one licensee in the same area if the geometric arrangement of
the transmitting and receiving points or the times of operation are such
that interference is not likely to occur.
(f) 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).
(g) 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.
(h) On the E and F-channel frequencies, a point-to-point ITFS
station may be involuntarily displaced by an MDS applicant, conditional
licensee 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
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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.
(i) 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.
(j) 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]
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