Goto Section: 27.1200 | 27.1202 | Table of Contents
Revised as of January 17, 2020
Goto Year:2019 |
§ 27.1201 EBS eligibility.
Link to an amendment published at 84 FR 57365 , Oct. 25, 2019.
(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
(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.
(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
[ 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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Goto Section: 27.1200 | 27.1202
Goto Year: 2019 |
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