§  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 § 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 § 73.646 are applicable to noncommercial
   educational TV stations.

   (g) Non-program related data signals transmitted on Line 21 pursuant to
   § 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]