§ 27.1201   EBS eligibility.

   (a) A license for an Educational Broadband Service 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) A publicly supported educational institution must be accredited by the
   appropriate State department of education.

   (2) A privately controlled educational institution must be accredited by the
   appropriate State department of education or the recognized regional and
   national accrediting organizations.

   (3)  Those applicant organizations whose eligibility is established by
   service to accredited institutional or governmental organizations must
   submit documentation from proposed receive sites demonstrating that they
   will receive and use the applicant's educational usage. 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 educational usage. 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. No receive site more than 35 miles from the proposed
   station's central reference point, or outside the applicants' proposed GSA,
   shall  be used to establish basic eligibility. Where broadband or data
   services are proposed, the letter should indicate that the data services
   will be used in furtherance of the institution's educational mission and
   will be provided to enrolled students, faculty and staff in a manner and in
   a setting conducive to educational usage. Where traditional educational or
   instructional video services are proposed, the letter should indicate that
   the applicant's program offerings have been viewed and that such programming
   will  be  incorporated  in the site's curriculum. Where educational or
   instructional video services are proposed, 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.

   (4) 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. 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.

   (b) No numerical limit is placed on the number of stations which may be
   licensed to a single licensee. 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) [Reserved]

   (d) This paragraph applies to EBS licensees and applications licensed or
   filed pursuant to the provisions of § 27.1201(c) contained in the edition of
   47 CFR parts 20 through 39, revised as of October 1, 2005, or § § 74.990
   through 74.992 contained in the edition of 47 CFR parts 70 through 79,
   revised  as  of  October 1, 2004, and that do not meet the eligibility
   requirements of paragraph (a) of this section. Such licensees may continue
   to operate pursuant to the terms of their existing licenses, and their
   licenses may be renewed, assigned, or transferred, so long as the licensee
   is otherwise in compliance with this chapter. Applications filed pursuant to
   the provisions of § 27.1201(c) contained in the edition of 47 CFR parts 20
   through  39,  revised as of October 1, 2005 or § § 74.990 through 74.992
   contained  in the edition of 47 CFR parts 70 through 79, revised as of
   October 1, 2004 may be processed and granted, so long as such applications
   were filed prior to July 19, 2006. The provisions of § § 27.1203(b) through
   (d) and 27.1214 of this subpart do not apply to licenses governed by this
   paragraph.

   [ 69 FR 72034 , Dec. 10, 2004, as amended at  71 FR 35190 , June 19, 2006;  73 FR 26040 , May 8, 2008]

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