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cantly altering any characteristic of the authorized to make such application and incoming signal other than its frequency to provide the require assurances. The and amplitude for the purpose of pro Secretary may request an applicant to viding television reception to the gen file such additional information, docueral public.

ments, written statements, justification (x) "Booster" means a device for re and exhibits as the Secretary may deem transmitting the signals of a television necessary. The applicant may submit, broadcast station by amplifying and re on his initiative, amendments to his radiating such signals which have been application. received directly through space, without

$ 60.5 Federal Communications Comsignificantly altering any characteristic

mission authorization. of the incoming signal other than its amplitude.

(a) In any case where the project re(y) "Repeater" means a low power

quires an authorization or authorizations device for the reception, amplification

from the Commission, the applicant must

also file with the Secretary a copy of and retransmission of television broadcast signals, irrespective of whether the

each of the following Commission applioutput channel is the same as the input

cation forms and any amendments therechannel, or is a different channel.

to, as may be appropriate: (z) "Mobile equipment" means trans

(1) Application for authority to conmission apparatus designed and con

struct or make changes in a noncomstructed so as to be capable of being

mercial educational television broadcast

station. readily moved. (aa) “Microwave equipment" means

(2) Application for authorization in apparatus for the point-to-point trans

the auxiliary broadcast services, except mission of television signals on fre

that a copy of a Commission application quencies above 890 megacycles.

form for authority to construct or make (bb) “Video recording equipment"

changes in a television-studio transmit

ter link need not be filed with the Secremeans apparatus which make a record for rebroadcast purposes of the picture

tary prior to the approval of the project. and/or electrical impulses derived from

(3) Application for authority to cona television signal.

struct or make changes in a television (cc) “Type approval" or "type ac

broadcast booster station. ceptance" mean the advance approval by (4) Application for authority to conthe Commission that equipment is capa

struct or make changes in a television able of meeting technical operating

broadcast translator station. standards, pursuant to the provision of (b) If the Commission returns, disSubpart F of Part 2 of the Commission's misses or denies an application required rules and regulations (47 CFR Part 2,

for the project or any part thereof, the Subpart F).

Secretary will return the application for (dd) “Regional plan” means an or

Federal financial assistance to the appliganized design for the dispersion of non

cant. commercial educational television broad [28 F.R. 5424, June 1, 1963, as amended at 30 cast facilities within a geographical area

F.R. 14650, Nov. 25, 1965) not otherwise specifically defined by $ 60.6 Service of applications. either State boundaries or the broadcast contours of an individual noncommercial

(a) Each applicant must serve a copy educational television broadcast station,

of his application, and each amendment [28 F.R. 5424, June 1, 1963, as amended at 30

thereto, for Federal financial assistance F.R. 14650, Nov. 25, 1965)

under this part upon each of the follow

ing: $ 60.4 Application for Federal financial

(1) The Secretary, Federal Communiassistance.

cations Commission, Washington, D.C.; An application for Federal financial and assistance under this part must be filed (2) The State educational television with the Secretary by the applicant and agency, if any, in the State in which the contain such information with respect to channel associated with the project is the project and related educational tele assigned by the Commission, or, if the vision activities of the applicant as the channel in question is assigned jointly Secretary may deem necessary. The ap to communities in different States, upon plication shall be executed by an official the State educational television agency, or representative of the applicant duly if any, in each of such States.

(b) Each applicant must also give notice in the FEDERAL REGISTER of the rewritten notice of the filing of his appli ceipt of an amendment) any State education, and each amendment thereto, to cational television agency and any other the State educational television agency, interested person may file comments of any, in any State, any part of which with the Secretary in support of or in would receive Grade B service or better opposition to the application or amendfr the applicant's broadcast station, ment, setting forth the grounds for such unless such agency has been served in support or opposition. The person filing accordance with paragraph (a) of this comments must certify that a copy of section.

such comments has been mailed to the

applicant. $ 60.7 Acceptance of applications.

(c) The applicant may file a reply to (a) Applications tendered for filing

any comments opposing his application with the Secretary will be given a pre or an amendment thereof, within 15 calliminary examination

to

ascertain endar days from the last day for filing whether they are complete. Applica such comments. tions found to be complete will be ac

(d) The time periods referred to in cepted for filing. Applications found to

paragraphs (b) and (c) of this section be substantially complete will be accepted may be extended by the Secretary if good for filing subject to receipt from the ap

cause is shown therefor. plicant of information necessary to complete the application. Applications

$ 60.9

Assurances required. which are not substantially complete, or No project will be approved unless the which are determined to be not in ac applicant has given assurances acceptcordance with the provisions of this able to the Secretary: part, will be returned to the applicant. (a) That the applicant's organic or Acceptance of an application for filing corporate powers include the authority will not preclude subsequent return of to construct and operate noncommercial the application if it is found to be not educational television broadcast faciliin accordance with the provisions of this ties, and to receive Federal funds for part, or if the applicant fails to file any such construction; additional information or documents re (b) That the transmission apparatus quested by the Secretary.

to be acquired and installed under the (b) An application will be accepted for project will be owned by the applicant; filing only where the transmission appa (c) That the operation of the nonratus proposed therein will be used in commercial educational television broadthe operation of a noncommercial edu cast facilities will be under the control cational television broadcast station on a of the applicant or a person qualified channel reserved by the Commission for under $ 60.3(e) to be an applicant; noncommercial educational use, unless (d) That sufficient funds will be avail. the applicant has pending before the

able when needed: Commission a petition to reserve such

(1) To meet the non-Federal share channel, or unless the Commission had

of the costs of the project; accepted for filing, on or before May 1, 1962, an application by the applicant or

(2) To acquire all land and to cona person qualified to be an applicant for

struct and install all facilities, strucauthorization to construct such noncom

tures and equipment, in addition to the mercial educational television broadcast transmission apparatus included in the station on an unreserved channel.

project, necessary to place the proposed Comments on applications.

noncommercial $ 60.8

educational television

broadcast facilities in operation; and (a) The Secretary will publish notice

(3) To operate and maintain the nonin the FEDERAL REGISTER of the accept

commercial educational television broadance for filing of each application and

cast facilities; of the receipt of each amendment which

(e) That the applicant will promptly substantially affects an application. (b) Within 30 calendar days from the

complete the project and place the nondate on which the Secretary publishes a

commercial educational television broadnotice in the FEDERAL REGISTER of the cast facilities in operation; acceptance for filing of an application (f) That the transmission apparatus (and within 10 calendar days from the to be acquired and installed under the date on which the Secretary publishes a project will be used only for educational

purposes and primarily for educational to connect two or more noncommercial television broadcast purposes:

educational television broadcast stations. (g) That the applicant has or will

$ 60.12 Priorities. have title to the site or premises on which the transmission apparatus speci

(a) Except as otherwise specified, apfied in the project application will be plications will be considered as nearly installed, or the right to construct, main- as possible in the order in which they tain and operate on and to remove from are accepted for filing. such site or premises such transmission (b) The Secretary may at any time: apparatus for a period of not less than (1) Defer action on all applications ten years after completion of the proj- or on groups of applications; ect, provided that the ten year period (2) Institute priorities for the conmay be reduced to such period of time sideration and approval of applications, as the Secretary may deem appropriate if in his judgment the funds available after consideration of the nature of the are or may not be sufficient to cover particular transmission apparatus in- the amounts requested in applications volved and the feasibility of its relocation then pending, or if he determines that including the probable cost thereof. such action is necessary to promote the

(h) That adequate methods of obtain- activation of new noncommercial eduing a competitive basis for the acquisi- cational television broadcast stations or tion and installation of transmission ap- otherwise to achieve the objectives of paratus included in the project will be this part; or employed either by appropriate public (3) Establish temporary limitations advertising or by circularizing three or on the maximum amount of Federal more competitive vendors, and that the

grants which may be approved for projaward of the contract will be made to ects situated in each of the several the lowest responsible and acceptable States, if in his judgment such action bidder.

would assist in promoting equitable (i) That the applicant will comply distribution of such Federal grants with the Civil Rights Regulations of the throughout the several States. Department of Health, Education, and Welfare, 45 CFR Part 80.

$ 60.13 Criteria for action on applica

tions. (28 F.R. 5424, June 1, 1963, as amended at 29 F.R. 8215, June 30, 1964; 30 F.R. 14651, In order to achieve prompt and effecNov. 25, 1965)

tive use of all remaining available tele

vision channels reserved by the Commis$ 60.10 Operation on reserved channel.

sion for noncommercial educational use; A project will be approved only where equitable geographical distribution of the transmission apparatus proposed noncommercial educational television therein will be used in the operation broadcast facilities throughout the of a noncommercial educational tele- States; and provision of noncommercial vision broadcast station on a channel educational television broadcast facilities reserved by the Commission for noncom- which will serve the greatest number of mercial educational use (47 CFR 73.606) persons and serve them in as many areas as of the date action is taken by the as possible, and which are adaptable to Secretary on the application, unless the the broadest educational uses, the SecreCommission had accepted for filing, on tary, in determining whether to approve or before May 1, 1962, an application an application for a Federal grant, in by the applicant or a person qualified to whole or in part, and the amount of be an applicant for authorization to con- such grant, or whether to defer construct such noncommercial educational sideration of such an application, and television broadcast station on an un- in light of the funds available will take reserved channel.

into consideration all facts and informa$ 60.11 Interconnection apparatus.

tion relevant to that application, as

applied to the following factors (not A project will be approved only where listed in any order of priority): not more than 15 percent of the Federal (a) Whether the project will result in funds to be granted therein are to be the activation of a new noncommercial used for the acquisition and Installation educational television broadcast station; of microwave equipment, boosters, trans- (b) The area and population which will lators, and repeaters which are to be used receive a new noncommercial educa

86-096—6845

tional television broadcast service as a result of the project;

(c) The hours during which the noncommercial educational television broadcast station will operate;

(d) The general and special educational and cultural needs of the area for noncommercial educational television broadcast service as well as the need for local outlets for the origination of noncommercial educational television broadcast programs; the extent to which those needs are being or will be met by existing or proposed noncommercial educational television broadcast stations; and the extent to which the project is necessary to meet those needs;

(e) The extent to which the project will contribute to meeting the needs for noncommercial educational television broadcasting in the State;

(f) The extent to which provision has been made for the cooperation and participation of educational, cultural and community service agencies, institutions and organizations within the service area of the station;

(g) The extent to which any proposed interconnection of noncommercial educational television broadcast stations is necessary to provide new or improved noncommercial educational television broadcast service;

(h) The cost of the project and of the various components thereof in relation to the objectives to be achieved;

(i) The extent to which the various items of transmission apparatus proposed are necessary to, and capable of achieving the objectives of the project;

(j) How quickly the applicant can be expected to complete the project;

(k) The provisions of any relevant Statewide or regional noncommercial educational television broadcast plans. 8 60.14 Amount of Federal grant.

(a) The amount of the Federal grant for each approved project will be the sum of the amounts determined by the Secretary under paragraphs (b) and (c) of this section, and subject to the limitations of paragraph (d) of this section.

(b) An amount not exceeding 50 percent of the amount determined by the Secretary to be the reasonable and necessary cost (including the fair market value of donations in kind) of the acquisition and installation of transmission apparatus of the project, except that such project shall exclude:

(1) Transmission apparatus which, prior to acceptance for filing of the application, the applicant owns;

(2) Services (except for engineering services to the extent that such services are within the definition of "installation" contained in $ 60.3(r)) performed for the applicant prior to acceptance for filing of the application by the Secretary or contracted for by the applicant prior to acceptance for filing of the application by the Secretary, unless, by the terms of the contract, the applicant will be under no legal obligation or liability in the event the services so contracted for are not approved by the Secretary for inclusion in the project;

(3) The value of transmission apparatus which was acquired or installed, in whole or in part, by donation from the United States or with Federal funds provided from sources other than under this part; and

(4) Transmission apparatus previously acquired or installed by a person other than the applicant by donation from the United States, or with Federal funds pursuant to this part or any other provision of law.

(c) Twenty-five percent of the amount determined by the Secretary to be the reasonable and necessary cost of any transmission apparatus which, prior to the date the application is accepted for filing, is owned by the applicant and is used by the applicant only for educational purposes and primarily for educational television broadcasting purposes, or which will be used by the applicant only for educational purposes and primarily for educational television broadcasting purposes upon completion of the project except that such cost shall exclude:

(1) The cost of acquiring transmission apparatus in excess of the fair market value of such apparatus as of the date it was acquired for noncommercial educational television purposes;

(2) The cost of any transmission apparatus to the extent that the applicant or any other person has previously received a credit pursuant to the provisions of this paragraph;

(3) The value of transmission apparatus which was acquired or installed, in whole or in part, by donation from the United States or with Federal financial participation pursuant to the provisions of this part or any other provision of law.

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(d) The total amount of a Federal better from the applicant's broadcast ng of a grant may not exceed 75 percent of the station; and

total amount of the reasonable and nec (3) The Commission,
essary cost of the project as determined

$ 60.16 Revocation of grant. such under paragraph (b) of this section; nor of mes may the total amount of the Federal (a) Approval of a project may be re) perdiste grant exceed the total amount reason voked by the Secretary on the following ceptas able and necessary to meet the mone grounds: ne Sex tary cost of the transmission apparatus (1) Final action by the Commission licent and personal services in the project revoking a construction permit required apple which are not donated.

for such project, denying an application the i [28 F.R. 5424, June 1, 1963, as amended at

for extension or modification of such 30 F.R. 7371, June 4, 1965; 30 F.R. 14651, Nov.

construction permit, or denying an ap

plication for a construction permit to Etracta $ 60.15 Action on applications.

replace such required construction per

mit; or creta

(a) After consideration of the appli (2) Forfeiture of a construction per

cation, any comments and replies filed mit required for a project for which a on a

by interested parties and any other releustale

grant has been approved (pursuant to 47 vant information, the Secretary will CFR 1.313); or from either:

(3) Failure of the applicant to com(1) Approve the project, including de plete the project within a reasonable termination of the amount of the Fed period of time, or to use the Federal eral grant; or

funds for the purposes for which preve

(2) Deny approval of the project ap granted; provided, that within 30 calplication, in whole or in part, and set endar days from the date of receipt of forth, in writing, the grounds and rea notice of such revocation the applicant

sons therefor, provided that such denial may file with the Secretary a petition Eher;

shall not become final until 30 calendar for reconsideration pursuant to 60.22.

days from the date of such denial, within (b) If approval of a project is revoked of :

which time the applicant may file with pursuant to the provisions of this sec-eta

the Secretary a petition for reconsidera tion, no further Federal funds will be

tion pursuant to $ 60.22, unless the right paid to the applicant, and the Secretary :h,

to file such a petition is waived in writing shall take such steps as may be deemed LCCET by the applicant.

necessary to protect the Federal finan(b) The approval, in whole or in part,

cial interests. of an application shall not become final $ 60.17 Conditions to Federal grant. until the applicant complies with all

In addition to any other conditions relevant requirements imposed by this

imposed by law or determined by the part, and with such additional condi Secretary to be reasonably necessary to eris tions imposed on the Federal grant as fulfill the purpose of the Federal grant,

the Secretary may deem necessary to each Federal grant shall be subject to insure full compliance with the provi

the condition that the applicant shall: sions and objectives of Public Law 87 (a) Use the Federal grant funds solely 447, and in any case where the Secretary

for the purposes for which the Federal approves, in whole or in part, any project grant was made; which requires an authorization or au (b) Maintain, during construction of thorizations from the Commission, such

the project and for ten years after comapproval will not become effective unless pletion of the project, protection against and until the Commission grants the re

common hazards through adequate inquired authorization or authorizations surance coverage or other equivalent and such grant or grants become final. undertakings; except that to the extent (c) Upon the Secretary's approval or

the applicant follows a different policy denial, in whole or in part, of a project, of protection with respect to its other the Secretary will inform:

property, the applicant may extend such (1) The applicant;

policy to transmission apparatus ac(2) Each State educational television quired and installed under the project; agency, if any, in any State, any part of (c) Provide qualified engineering which would receive Grade B service or supervision and inspection of the proj

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