Sec.  73.621   Noncommercial educational TV stations.

   In addition to the other provisions of this subpart, the following shall be
   applicable to noncommercial educational television broadcast stations:

   (a) Except as provided in paragraph (b) of this section, noncommercial
   educational broadcast stations will be licensed only to nonprofit
   educational organizations upon a showing that the proposed stations will be
   used primarily to serve the educational needs of the community; for the
   advancement of educational programs; and to furnish a nonprofit and
   noncommercial television broadcast service.

   (1) In determining the eligibility of publicly supported educational
   organizations, the accreditation of their respective state departments of
   education shall be taken into consideration.

   (2) In determining the eligibility of privately controlled educational
   organizations, the accreditation of state departments of education or
   recognized regional and national educational accrediting organizations shall
   be taken into consideration.

   (b) Where a municipality or other political subdivision has no independently
   constituted educational organization such as, for example, a board of
   education having autonomy with respect to carrying out the municipality's
   educational program, such municipality shall be eligible for a noncommercial
   educational television broadcast station. In such circumstances, a full and
   detailed showing must be made that a grant of the application will be
   consistent with the intent and purpose of the Commission's rules and
   regulations relating to such stations.

   (c) Noncommercial educational television broadcast stations may transmit
   educational, cultural and entertainment programs, and programs designed for
   use by schools and school systems in connection with regular school courses,
   as well as routine and administrative material pertaining thereto.

   (d) A noncommercial educational television station may broadcast programs
   produced by or at the expense of, or furnished by persons other than the
   licensee, if no other consideration than the furnishing of the program and
   the costs incidental to its production and broadcast are received by the
   licensee. The payment of line charges by another station, network, or
   someone other than the licensee of a noncommercial educational television
   station, or general contributions to the operating costs of a station, shall
   not be considered as being prohibited by this paragraph.

   (e) Each station shall furnish a nonprofit and noncommercial broadcast
   service. Noncommercial educational television stations shall be subject to
   the provisions of  Sec. 73.1212 to the extent that they are applicable to the
   broadcast of programs produced by, or at the expense of, or furnished by
   others. No promotional announcements on behalf of for profit entities shall
   be broadcast at any time in exchange for the receipt, in whole or in part,
   of consideration to the licensee, its principals, or employees. However,
   acknowledgements of contributions can be made. The scheduling of any
   announcements and acknowledgements may not interrupt regular programming.

   Note: Commission interpretation of this rule, including the acceptable form
   of acknowledgements, may be found in the Second Report and Order in Docket
   No. 21136 (Commission Policy Concerning the Noncommercial Nature of
   Educational Broadcast Stations), 86 F.C.C. 2d 141 (1981); the Memorandum
   Opinion and Order in Docket No. 21136, 90 FCC 2d 895 (1982), and the
   Memorandum Opinion and Order in Docket 21136,  49 FR 13534 , April 5, 1984.

   (f) Telecommunications Service on the Vertical Blanking Interval and in the
   Visual Signal. The provisions governing VBI and visual signal
   telecommunications service in  Sec. 73.646 are applicable to noncommercial
   educational TV stations.

   (g) Non-program related data signals transmitted on Line 21 pursuant to
    Sec. 73.682(a)(22)(ii) may be used for remunerative purposes.

   (h) Mutually exclusive applications for noncommercial educational TV
   stations operating on reserved channels shall be resolved pursuant to the
   point system in subpart K.

   (i) With respect to the provision of advanced television services, the
   requirements of this section will apply to the entire digital bitstream of
   noncommercial educational television stations, including the provision of
   ancillary or supplementary services.

   [ 28 FR 13660 , Dec. 14, 1963, as amended at  35 FR 7558 , May 15, 1970;  47 FR 36179 , Aug. 19, 1982;  48 FR 27068 , June 13, 1983;  49 FR 29069 , July 18,
   1984;  50 FR 4664 , Feb. 1, 1985;  50 FR 4684 , Feb. 1, 1985;  61 FR 36304 , July
   10, 1996;  65 FR 36378 , June 8, 2000;  66 FR 58982 , Nov. 26, 2001]