Sec.  78.13   Eligibility for license.

   A license for CARS station will be issued only:

   (a) To the owner or one who is responsible for the management and operation
   of a cable television system,

   (b) To a cooperative enterprise wholly owned by cable television owners or
   operators, or

   (c) A cable network-entity upon showing that the applicant is qualified
   under the Communications Act of 1934, that frequencies are available for the
   proposed operation, and that the public interest, convenience, and necessity
   will be served by a grant thereof.

   (d) Licensees and conditional licensees of channels in the BRS/EBS band as
   defined in  Sec. 27.5(i) of this chapter, or entities that hold an executed lease
   agreement with a BRS/EBS licensee or conditional licensee.

   (e) To private cable operators and other multichannel video programming
   distributors not specifically identified in this section.

   [ 52 FR 7144 , Mar. 9, 1987, as amended at  55 FR 46015 , Oct. 31, 1990;  56 FR 57601 , Nov. 13, 1991;  67 FR 43259 , June 27, 2002;  69 FR 72047 , Dec. 10,
   2004]