Sec.  74.992   Access to channels licensed to wireless cable entities.

   

   (a) An educational institution or entity that would be eligible for
   ITFS channels that are licensed to a wireless cable entity may be
   entitled to access to those channels. Requests for access may be made
   by application to the Commission on FCC Form 330 with a copy
   simultaneously served on the wireless cable licensee. An applicant for
   access must fill out sections I, II, III and IV of the ITFS
   application Form 330. Section I, question 1 should be answered by
   spelling out, "For access to existing facilities." Section I, question
   2b should include the name of the wireless cable licensee or
   applicant. A cover letter must clearly indicate that the application
   is for ITFS access to a wireless cable entity's facilities on ITFS
   channels.

   (b) An ITFS entity determined by the Commission to have right of
   access to wireless cable licensed facilities may have access to a
   maximum of 40 hours per channel per week. The ITFS entity has the
   right to designate 20 of those hours as follows:

   (1) 3 hours of the ITFS entity's choice each day, Monday through
   Friday, between 8 a.m. and 10 p.m., excluding weekends, holidays and
   school vacations; and

   (2) The remaining five hours any time of the ITFS entity's choice
   between 8 a.m. and 10 p.m., Monday through Saturday.

   (c) No time-of-day and day-of-week obligations will be imposed on
   either party with respect to the other 20 hours of access time.

   (d) The ITFS user must provide the wireless cable licensee with its
   planned scheduled of use four months in advance. No minimum amount of
   programming will be required of an ITFS operator seeking access to one
   channel; for access to a second channel, the ITFS user must use at
   least 20 hours per week on the first channel from 8 a.m. to 10 p.m.,
   Monday through Saturday; for access to a third channel, the ITFS
   entity must use at least 20 hours per week on the first channel and on
   the second channel during the hours prescribed above, and so on. Only
   one educational institution or entity per wireless cable licensed
   channel will be entitled to access from the wireless cable entity.
   Access will not be granted to a single entity for more than four
   channels, unless it can satisfy the waiver provisions of Sec. 74.902(d) of
   this part.

   (e) When an ITFS entity is granted access to an ITFS channel of a
   wireless cable licensee, the wireless cable licensee will be required
   to pay half of the cost of five standard receive sites on that
   channel. The wireless cable entity may, at its option, pay the costs
   of an application and facility construction for such ITFS entity on
   other available ITFS channels, including half of the cost of five
   receive sites per channel.

   (f) An instructional television fixed service entity granted access to
   instructional television fixed service channels licensed to a wireless
   cable entity will have the interference protection afforded ITFS
   licensees (see Sec. 74.903 of this part).

   (g) After three years of operation, a wireless cable entity licensed
   to use ITFS channels will not be required to grant new or additional
   access to such ITFS channels, or provide any alternative facilities to
   any ITFS entity seeking access to its facilities, if there are
   suitable ITFS frequencies available for the ITFS entity to build its
   own system.

   (h) The parties may mutually agree to modify any requirements or
   obligations imposed by these provisions, except for the requirement
   that an educational entity use at least 20 hours per week on a channel
   of a wireless cable licensee before requesting access to an additional
   channel.

   [ 56 FR 57821 , Nov. 14, 1991]