Sec. 74.902  Frequency assignments.

    (a) The following frequencies may be assigned to instructional 
television fixed stations:

------------------------------------------------------------------------
                                                             Band limits
                        Channel No.                              MHz
------------------------------------------------------------------------
                                 group a

------------------------------------------------------------------------
A-1........................................................    2500-2506
A-2........................................................    2512-2518
A-3........................................................    2524-2530
A-4........................................................    2536-2542

------------------------------------------------------------------------
                                 group b

------------------------------------------------------------------------
B-1........................................................    2506-2512
B-2........................................................    2518-2524
B-3........................................................    2530-2536
B-4........................................................    2542-2548

------------------------------------------------------------------------
                                 group c

------------------------------------------------------------------------
C-1........................................................    2548-2554
C-2........................................................    2560-2566
C-3........................................................    2572-2578
C-4........................................................    2584-2590

------------------------------------------------------------------------
                                 group d

------------------------------------------------------------------------
D-1........................................................    2554-2560
D-2........................................................    2566-2572
D-3........................................................    2578-2584
D-4........................................................    2590-2596

------------------------------------------------------------------------
                                 group e

------------------------------------------------------------------------
E-1........................................................    2596-2602
E-2........................................................    2608-2614
E-3........................................................    2620-2626
E-4........................................................    2632-2638

------------------------------------------------------------------------
                                 group f

------------------------------------------------------------------------
F-1........................................................    2602-2608
F-2........................................................    2614-2620
F-3........................................................    2626-2632

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F-4........................................................    2638-2644

------------------------------------------------------------------------
                                 group g

------------------------------------------------------------------------
G-1........................................................    2644-2650
G-2........................................................    2656-2662
G-3........................................................    2668-2674
G-4........................................................    2680-2686
------------------------------------------------------------------------

    (b) Instructional Television Fixed Stations authorized to operate on 
Channels 2650-2656, 2662-2668, and 2674-2680 MHz as of July 16, 1971, 
may continue to operate on a coequal basis with other stations operating 
in accordance with the Table of Frequency Allocations. Requests for 
subsequent renewals or modification of existing licenses will be 
considered; however, expansion of systems comprised of such stations 
will not be permitted except on frequencies allocated for the service.
    (c) Channels 2596-2602, 2602-2608, 2608-2614, 2614-2620, 2620-2626, 
2626-2632, 2632-2638, and 2638-2644 MHz and the corresponding 125 kHz 
channels listed in Sec. 74.939(j) are shared with the Multipoint 
Distribution Service. No new Instructional Television Fixed Service 
applications for these channels filed after May 25, 1983 will be 
accepted, except in accordance with paragraph (f) of this section. In 
those areas where Multipoint Distribution Service use of these channels 
is allowed, Instructional Television Fixed Service users of these 
channels will continue to be afforded protection from harmful cochannel 
and adjacent channel interference from Multipoint Distribution Service 
stations, pursuant to Sec. 21.902 of this chapter.

    Note to paragraph (c):
    No 125 kHz channels are provided for Channels E3, E4, F3 and F4, 
except for those grandfathered. The 125 kHz channels associated with 
Channels E3, E4, F3 and F4 are allocated to the Private Operational 
Fixed Point-to-Point Microwave Service, pursuant to Sec. 101.147(g) of 
this chapter.

    (d) Frequencies will be assigned as follows:
    (1) A licensee is limited to the assignment of no more than four 6 
MHz and four 125 kHz channels for use in a single area of operation, all 
of which 6 MHz channels initially should be selected from the same Group 
listed in paragraph (a) of this section, but which later may come from 
different Groups as a result of authorized channel swaps pursuant to 
paragraph (f) of this section. An area of operation is defined as the 
area 35 miles or less from the ITFS main station transmitter. Applicants 
shall not apply for more channels than they intend to construct within a 
reasonable time, simply for the purpose of reserving additional 
channels. The number of channels authorized to an applicant will be 
based on the demonstration of need for the number of channels requested. 
The Commission will take into consideration such factors as the amount 
of use of any currently assigned channels and the amount of proposed use 
of each channel requested, the amount of, and justification for, any 
repetition in the schedules, and the overall demand and availability of 
ITFS channels in the community. For those applicant organizations formed 
for the purpose of serving accredited institutional or governmental 
organizations, evaluation of the need will only consider service to 
those specified receive sites which submitted supporting documentation 
pursuant to Sec. 74.932(a)(4).
    (2) An applicant leasing excess capacity and proposing a schedule 
which complies in all respects with the requirements of Sec. 74.931 (c) 
or (d) will have presumptively demonstrated need, in accordance with 
paragraph (d)(1) of this section, for no more than four channels. This 
presumption is rebuttable by demonstrating that the application does not 
propose to comport with our educational usage requirements, that is, to 
transmit some formal educational usage, as defined in Sec. 74.931(a), 
and to transmit the requisite minimum educational usage of Sec. 74.931 
(c) or (d) for genuinely educational purposes.
    (e) Frequencies in the bands 2500-2650 MHz, 2656-2662 MHz, 2668-2674 
MHz, and 2680-2686 MHz are available for point-to-multipoint use and/or 
for communications between ITFS response stations and response station 
hubs when authorized in accordance with the provisions of Sec. 74.939, 
provided that such frequencies may be employed for ITFS

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response stations only when transmitting using digital modulation.
    (f) An ITFS licensee may apply to exchange evenly one or more of its 
assigned channels with another ITFS licensee, or with an MDS licensee or 
conditional licensee, except that an ITFS licensee may not exchange one 
of its assigned channels for MDS channel 2A. The licensees seeking to 
exchange channels shall file in tandem with the Commission separate pro 
forma assignment of license applications, each attaching an exhibit 
which clearly specifies that the application is filed pursuant to a 
channel exchange agreement. The exchanged channel(s) shall be regulated 
according to the requirements applicable to the assignee; provided, 
however, that an ITFS licensee which receives one or more E or F Group 
channels through a channel exchange with an MDS licensee or conditional 
licensee shall not be subject to the restrictions on ITFS licensees who 
were authorized to operate on the E or F Group channels prior to May 26, 
1983.
    (g) A temporary fixed ITFS station may use any available ITFS 
channel on a secondary basis. Operation of stations located within 56.3 
km (35 miles) of Canada shall be limited by Sec. 74.24(h)(3).
    (h) Where adjacent channel operation is proposed in any area, the 
preferred location of the proposed station's transmitting antenna is at 
the site of the adjacent channel transmitting antenna. If this is not 
practicable, the adjacent channel transmitting antennas should be 
located as close as reasonably possible.
    (i) On the E and F-channel frequencies, a point-to-point ITFS 
station may be involuntarily displaced by an MDS applicant or licensee, 
provided that suitable alternative spectrum is available and that the 
MDS entity bears the expenses of the migration. Suitability of spectrum 
will be determined on a case-by-base basis; at a minimum, the 
alternative spectrum must be licensable by ITFS operators on a primary 
basis (although it need not be specifically allocated to the ITFS 
service), and must provide a signal that is equivalent to the prior 
signal in picture quality and reliability, unless the ITFS licensee will 
accept an inferior signal. Potential expansion of the ITFS licensee may 
be considered in determining whether alternative available spectrum is 
suitable.
    (j) If suitable alternative spectrum is located pursuant to 
paragraph (h) of this section, the initiating party must prepare and 
file the appropriate application for the new spectrum, and must 
simultaneously serve a copy of the application on the ITFS licensee to 
be moved. The initiating party will be responsible for all costs 
connected with the migration, including purchasing, testing and 
installing new equipment, labor costs, reconfiguration of existing 
equipment, administrative costs, legal and engineering expenses 
necessary to prepare and file the migration application, and other 
reasonable documented costs. The initiating party must secure a bond or 
establish an escrow account to cover reasonable incremental increase in 
ongoing expenses that may fall upon the migrated licensee. The bond or 
escrow account should also account for the possibility that the 
initiating party subsequently becomes bankrupt. If it becomes necessary 
for the Commission to assess the sufficiency of a bond or escrow amount, 
it will take into account such factors as projected incremental increase 
in electricity or maintenance expenses, or relocation expenses, as 
relevant in each case.
    (k) The ITFS party to be moved will have a 60-day period in which to 
oppose the involuntary migration. The ITFS party should state its 
opposition to the migration with specificity, including engineering and 
other challenges, and a comparison of the present site and the proposed 
new site. If involuntary migration is granted, the new facilities must 
be operational before the initiating party will be permitted to begin 
its new or modified operations. The migration must not disrupt the ITFS 
licensee's provision of service, and the ITFS licensee has the right to 
inspect the construction or installation work.

[ 29 FR 7023 , May 28, 1964, as amended at  31 FR 10743 , Aug. 12, 1966;  36 FR 11587 , June 16, 1971;  48 FR 33901 , July 26, 1983;  49 FR 32596 , Aug. 
15, 1984;  50 FR 26758 , June 28, 1985;  55 FR 46013 , Oct. 31, 1990;  56 FR 57819 , Nov. 14, 1991;  58 FR 44951 , Aug. 25, 1993;  59 FR 35636 , July 13, 
1994;  60 FR 20246 , Apr. 25, 1995;  63 FR 65113 , Nov. 25, 1998;  65 FR 46620 , July 31, 2000]

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