Sec. 74.932  Eligibility and licensing requirements.

    (a) With certain limited exceptions set forth in Secs. 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 they 
will receive

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and use the applicant's formal educational programming. 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 formal educational programming.
    (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 Secs. 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 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 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 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]

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