opportunity to make a written statement thereon, prior to the expiration of the time period during which time the petitioner may file its statement under paragraph (b) of this section. (e) Interested persons other than a State educational television or radio agency referred to in paragraph (d) of this section may comment in writing upon any petition for reconsideration filed under this section and for good cause shown, may be given an opportunity to participate to such extent as the Commissioner may determine is appropriate in a hearing held pursuant to this section. (47 U.S.C. 394) APPENDIX A-EDUCATIONAL RADIO AND TELEVISION TRANSMISSION APPARATUS AND RELATED COSTS LIST AND MINIMUM EQUIPMENT PERFORMANCE STANDARDS This Appendix sets forth requirements and standards related to eligible costs for applicants for assistance under this part, including: (a) An itemization of transmission apparatus and related costs, including installations, considered to be eligible for grant participation and a list of items and costs which are specifically ineligible for grant participation. In general, only items of the transmission system from the lens of the camera or the housing of the microphone to the radiating element of the antenna are eligible. Neither list is intended to be all-inclusive. It is recognized that both technological changes and/or specific circumstances related to individual applications may warrant amendments to the lists or consideration of specific justification for the eligibility and inclusion of unlisted items in certain projects. (b) Standards for determining acceptable minimum performance requirements which will meet the capability of achievement criterion contained in § 153.12(a)(7). Information included in this Appendix is applicable to both radio and television projects. I. ELIGIBLE AND INELIGIBLE PROJECT COSTS (A) Transmission Apparatus Eligible for Federal Matching Grants. (1) Antenna system. (a) Tower (guyed or self-supporting) and tower construction including test borings. (b) Antenna and erection (c) Transmission line system or waveguides (d) Tower painting and lighting, including lighting controls (new installations only) (e) Tower footings, guy anchors, and guy wires (f) Gas pressure equipment for transmission line (g) De-icing equipment and controls. (2) Transmitter. (a) Transmitter, including modulator, power supply, one set of spare tubes, and subcarrier generators. (b) Diplexers, filters, etc., as required (c) Crystals, including one set of spares (d) Dummy load and wattmeter to measure transmitter power output (e) Transmitter and operational console, picture and calibrated wave form monitors, where necessary (f) Frequency and modulation monitoring apparatus in compliance with FCC requirements (g) Input items required, including stabilizing amplifier (a) Apparatus of the type listed under "Antenna system" and "Transmitter" necessary for the operation of translators (b) Special receiver required for supplying programs to the translator (4) Microwave apparatus (studio-transmitter links, interconnecting microwave relays, and mobile microwave units). (a) Transmitter, complete (b) Receiver, complete (c) Waveguide or transmission line (h) Waveguide switches (i) Ferrite isolator and circulator (1) Auxiliary radio communications apparatus to install, maintain, and operate the total broadcast facility (5) Recording apparatus. (a) Broadcast quality video and audio tape recorders and playback machines (b) Kinescope film recorders (c) Recorders using other techniques if capable of maintaining standards of good engineering practice (d) Related monitoring apparatus, including calibrated oscilloscopes (e) Accessories required, including electronic editors and spare recording heads as required by good engineering practice (f) Logging recorders (6) Studio production equipment (including that intended for remote or mobile program origination). (a) Cameras, with control units, picture monitors, and wave form monitors. (b) Film camera chain, multiplexer, mounting stand, control equipment, and television film, slide, and opaque projectors (c) Camera lenses, zoom lenses (d) Camera pedestals, tripods, friction heads, and cradles (professional models) (e) Camera cables, plugs, and connectors (f) Sync generator, including a spare and switchover mechanism (g) Video switcher and console, picture, and calibrated wave for monitors, and electronic effects generator (h) Calibrated wave form monitor and picture monitor with provision to display pulse cross for checking sync pulses (1) Utility monitors (j) Power supplies, regulated (k) Broadcast-type control consoles, amplifiers, VU meter, etc. (1) Microphones, low impedance, high quality (m) Microphone booms (n) Broadcast quality turntables with accessories required (0) Broadcast quality audio tape recorders with accessories required (p) Equipment racks, patch panels, plugs, cords, loudspeakers (q) Test equipment required by good engineering practice (7) Other interconnection equipment. Interconnection equipment, to the extent reasonable and necessary, as determined by the Commissioner, for the reception and utilization of program material made available via interconnection systems. (8) Other apparatus. Automation apparatus, character generators, quadrophonic equipment, sound improvement systems, spare or back up systems or equipment, when the necessity for such apparatus in the proposed system can be specifically justified and is consistent with standards of good broadcast engineering practice. (47 U.S.C. 392 (a) and (d), 394) (B) Installation Costs Eligible for Federal Matching Grants. Labor and materials necessary for the initial installation of project apparatus, including direct supervision but not including indirect or overhead costs. (47 U.S.C. 392 (a) and (d), 394) (C) Planning Costs Eligible for Federal Matching Grants. Engineering, legal, and other activities performed by qualified employees or consultants directly related to planning for the project, preparation, and filing of the appropriate applications to HEW and FCC and installation of apparatus, but not including indirect or overhead costs. Approvability of such items is subject to final determination by the Commissioner. Such services may include: (1) Project planning; (2) equipment planning; (3) engineering planning; (4) hardware and engineering aspects of preparing and filing the HEW application for grant and related FCC applications for construction permits; (5) preparation of specifications; (6) evaluation of bids; (7) supervision of installation; (8) inspection upon completion; (9) proofs or performance; (10) legal services, to the extent reasonably required, for the preparation, filing, and routine prosecution of uncontested applications; and (11) other services related to site location and planning, frequency or channel search and feasibility or structural studies conducted prior to the filing of an application. (47 U.S.C. 392 (a) and (d), 394) (D) Items Ineligible for Federal Matching Grants. (1) Land and land improvements for studio and/or transmitter building and tower, etc.; (2) Structures, including any reinforcement or modification thereof to house or support any transmission apparatus or any other radio or television equipment or facilities, including structural analysis studies; (3) Maintenance equipment such as hand and power tools and maintenance services; (4) Vehicles, including those in which mobile equipment is mounted or carried; (5) Broadcast receiving equipment (except as required for station personnel to monitor transmitted programs or for rebroadcast purposes); (6) Manual film or tape editing equipment; (7) Studio lighting and control equipment; (8) Air conditioning for control or equipment rooms, studios, transmitter, and mobile units, except that the cost to provide ventilation of project apparatus as is required by good engineering practice is an eligible installation cost; (9) Reels (film or tape); (10) Office intercom equipment; (11) Primary power supply, regulators, and associated equipment; (12) Furniture, fixtures, studio clocks, etc.; (13) Office equipment, printing and duplicating supplies; (14) Scenery and props; (15) Production devices such as prompting systems, background screen projection systems, wind generators, etc.; (16) Storage cabinets; (17) Cleaning equipment; (18) Film; (19) Recording tape; (20) Art supplies and equipment; (21) 16mm cameras, sound synchronization systems, and film processors; (22) Expendable items, including tubes normally considered spares except for the transmitters; and (23) Staff time necessary for planning and preparation of applications, except as permitted under heading I(C) of this Appendix. (47 U.S.C. 392 (a) and (d), 394) II. STANDARDS FOR PROJECT APPARATUS Project apparatus must comply with the specifications and performance requirements contained in the FCC's rules and regulations cited in § 153.2. The FCC requirements primarily relate to transmitters, translators, and antenna systems. The following performance standards, which are in addition to FCC requirements, shall serve as benchmarks for determining minimum system capacities for purposes of § 153.12(a)(7). Electronic Industries Association standards specified in the following paragraphs of this Appendix are hereby incorporated in this part by reference, as approved by the Director of the FEDERAL REGISTER. Copies of these standards may be obtained from the Director, Educational Broadcasting Facilities Program, U.S. Office of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202 or from the Electronic Industries Association, Engineering Department, 2001 Eye Street, NW, Washington, D.C. 20006. (A) Broadcast Transmitting Apparatus (Antenna System, Transmitter System, and Related Items). (1) In addition to current pertinent FCC requirements, Electronic Industries Association Standard RS-222-B (December 1972) "Structural Standards for Steel Antenna Towers and Supporting Structures," established by the Electronic Industries Association should apply to the tower and antenna system. (2) Where an antenna system is to be added to an existing tower, a structural analysis should be performed to assure that the added facility will not overload the tower. (3) Selection of transmission lines or waveguide should be dictated by good engineering practice in keeping with high efficiency and minimal attenuation. (4) Selection of transmitter and the component visual and aural transmitters should be dictated by the good engineering practice specified in Electronic Industries Association Standard RS-240 (April, 1961), "Electrical Performance Standards for Television Broadcast Transmitters." (B) Studio Equipment. (1) Studio equipment and mobile equipment should comply with specifications contained in Electronic Industries Association Standard RS-170 (November, 1957) "Electrical Performance Standards-Monochrome Television Studio Facilities," to the extent such specifications are applicable to color equipment. APPENDIX B-PROJECT PRIORITIES I. Assignment of priorities to applications. Applications which have been filed in accordance with § 153.5 and accepted by the Commissioner under procedures established in § 153.8 will be assigned one or more of the following priorities, and applicants will be notified of the priority or priorities assigned to each project. If an application consists of components which fall into more than one priority category, the applicant must be prepared to accept, for the entire project, a grant award for whatever portion, if any, the Commissioner determines can be accom modated within the funding limitations of a fiscal year. With regard to projects funded in part, components not funded must be resubmitted as new applications in accordance with 153.5 and accepted for filing as provided in § 153.8. Proportions of the available funds to be awarded in various priority categories will be determined by the Commissioner to achieve a fair distribution of funds over the major priority categories consistent with the pattern of needs reflected in applications under consideration for a given fiscal year. As the percentage of the U.S. population brought within the coverage range of at least one noncommercial broadcast station is enlarged, it is expected that the implementation of these priorities will result in the expenditure of an increasing share of appropriated funds to extending the facilities of existing stations to provide for essential initial and basic capabilities required to (1) serve fully their local communities; (2) develop a national system of effective noncommercial stations; and (3) provide for production capability justified by national, regional, statewide, and local programming commitments. As used in this Appendix, the terms "public radio station" or "public television station" refer to those noncommercial educational broadcasting stations which would not be subject to disapproval under the terms of § 153.12(b). II. Project Priorities for Television. Priority I. A. Projects to provide stations with their first state-of-the-art reproduction capability. This refers to color capability of a videotape recorder and film chains and other associated apparatus. B. Projects to provide local stations with first state-of-the-art "live" production capability (i.e., first studio color cameras, switchers, and related apparatus) where this need can be justified by proven production requirements to meet identified community needs. C. Projects to acquire transmitter/antenna apparatus necessary to increase power or otherwise extend station coverage where the in-State population to be served increases substantially, or which are necessary to provide improved signal (including transmission colorization) for larger population groupings, and provide comparability with commercial station coverage. D. Projects to acquire apparatus for the interconnection of stations in a State network (or a particular geographical region across State lines) where applicant ownership of interconnection facilities can be fully justified as advantageous in comparison with leasing of interconnection services. Priority II. A. Projects to establish new public television stations in areas currently without such a station with appropriate local or State license, to serve populations of 500,000 or more. Proposals to establish the first public television station in a State. B. Projects to establish new public television stations in areas currently without such a station under appropriate local or State license, to serve populations between 250,000 and 500,000. C. Projects to provide production capability for stations providing program services beyond their local requirements for distribution over national, regional, and statewide interconnection. (To qualify in this category, a project justification must be verified by production commitment from recognized national, regional, or State network program clients supporting such production need, the applicant must demonstrate the inability of presently owned apparatus to meet production requirements, and the apparatus requested may not exceed the reasonable requirements of the verified production commitments.) D. Projects to acquire transmitter/antenna apparatus necessary to increase power or otherwise extend or improve station coverage where the increase in population does not justify inclusion in Category IC. Priority III. A. Projects to establish new public television stations in areas currently without such a station under appropriate local or State license where population to be served is less than 250,000. B. Projects to augment production and reproduction capabilities of local stations beyond the basic or initial capability. Such proposals will require documentation of local live production requirements in excess of existing capability. Priority IV. A. Projects to establish second (or more) public television stations in areas already served by such a station under appropriate local or State license. B. Projects to equip auxiliary studios at other than the main studio. (47 U.S.C. 392(d), 394; 45 CFR 153.12) III. Project Priorities for Radio. Priority I A. Projects to establish public radio stations in areas currently without a public radio station (either through the activation of new stations, the purchase of existing commercial stations, or the expansion of existing low power stations) to serve populations of 500,000 or more. Projects to establish the first public radio station in a State. B. Projects to establish public radio stations in areas currently without a public radio station (either through the activation of new stations, the purchase of existing stations, or the expansion of existing low power stations) to serve populations between 250,000 and 500,000. C. Projects to provide public radio stations with first state-of-the-art production capability, where this need can be justified by proven production requirements to meet identified community needs. This refers to the provision of stereo and SCA capability for FM facilities and up-dating of AM facilities, the provision of tape recorders, SCA side band generator and modulator, log recorders, remote amplifiers, and other related apparatus. D. Projects to acquire transmitter/antenna apparatus necessary to increase power or otherwise extend area coverage of an existing public radio station where the in-State population to be served increases substantially, or which are necessary to provide improved signal (including the improved audio capability, by the addition of SCA, or stereo) for larger population groupings and provide comparability with commercial station coverage. Priority II. A. Projects to establish public radio stations in areas currently without a public radio station (either through the activation of new stations, the purchase of existing commercial stations, or the expansion of existing low power stations) to serve populations of less than 250,000. B. Projects to acquire transmitter/antenna apparatus necessary to increase power or otherwise extend or improve station coverage where the increase in population served does not justify inclusion in Category ID. C. Projects to augment production and reproduction capabilities of local stations beyond the basic or initial capability. Such proposals will require documentation of local live production requirements in excess of existing capability. D. Projects to provide production capability for stations providing program services beyond their local requirements for distribution over national, regional, and statewide interconnection. (To qualify in this category, a project justification must be verified by production commitment from recognized national, regional, or State network program clients supporting such production need, the applicant must demonstrate the inability of presently owned apparatus to meet production requirements, and the apparatus requested may not exceed the reasonable requirements of the verified production commitments.) Priority III. A. Projects to establish second (or more) public radio stations in areas already served by such a station under appropriate local or State license. B. Projects to equip auxiliary studios at other than the main studio. C. Projects to acquire apparatus for the interconnection of public radio stations in a State network (or a particular geographical region across State lines) where applicant ownership of interconnection facilities can be fully justified as advantageous in comparison with leasing of interconnection services. (47 U.S.C. 392(d), 394; 45 CFR 153.12) § 154.1 Scope and purpose. (a) The purpose of this part is to provide Federal support of up to 75 percent for the establishment and operation of Educational Opportunity Centers to be located in areas with major concentrations of low-income persons. The Centers will serve as clearinghouses for information concerning financial and academic support available at institutions of higher education, sources of assistance in applying for admittance to such schools including the preparation of detailed documentation for use by admissions and financial aid officers, and will provide counseling, tutorial and other necessary services to students enrolled in such institutions. The Centers will also serve as recruiting and counseling pools to coordinate resources and staff efforts of institutions of higher education and of other institutions offering programs of postsecondary education, in admitting educationally disadvantaged persons. (b) Assistance provided under this part is subject to applicable provisions of the Office of Education General Provisions contained in Subchapter A of this chapter (relating to fiscal, administrative, and other such matters). (20 U.S.C. 1070d-1) § 154.2 Definitions. As used in this part: "Combination of institutions of higher education" means either (1) a group of institutions of higher education that have entered into a cooperative arrangement for the purpose (although not necessarily the exclusive purpose) of establishing and operating an Educational Opportunity Center, or (2) a public or private agency, designated or created by a group of institutions of higher education for that purpose (although not necessarily for that exclusive purpose). "Institution of higher education" means an educational institution in any State which meets the requirement set forth in sections 491 or 1201(a) of the Higher Education Act of 1965, as amended. "Physically handicapped students" means those students who, because of their physical disabilities, need specifically designed instructional materials or programs, modified physical facilities, or related services to fully participate in the experience and opportunities offered by postsecondary institutions. "State" means in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (20 U.S.C. 1070d-1, 1088, 1141) § 154.3 Eligible applicants. (a) (1) Institutions of higher education, combinations of such institutions, public and private agencies and organizations (including professional and scholarly associations), and, in exceptional cases secondary schools and secondary vocational schools are eligible to receive funds under this part to establish and operate an Educational Opportunity Center. (2) A combination of institutions receiving a grant or contract under this part shall vest responsibility for the administration of that grant or contract in one of its participating institutions or in a public or private nonprofit agency established by the combination for that purpose. (b) A secondary school or a secondary vocational school may receive funds under this part if that school is coordinating the recruiting and coun |