AUTHORITY: Pub. L. 95-567, 92 Stat. 2405 (47 U.S.C. 390-394).

SOURCE: 44 FR 30913, May 29, 1979, unless otherwise noted.

Subpart A-General

§ 2301.1 Purpose and scope.

These regulations prescribe policies and procedures to insure the fair, equitable and uniform treatment of applications for planning and construction grants for public telecommunications facilities. They implement the provisions of Part IV of Title III of the Communications Act of 1934, as amended by the Public Telecommunications Financing Act of 1978 (47 USC 390-94.) (Act).

§ 2301.2 Other pertinent rules and regulations.

Other rules and regulations pertinent to applications for the operation of noncommercial educational broadcast stations and public broadcast stations are contained in the rules and regulations of the Federal Communications Commission, 47 CFR Part 1 (Practice and Procedure); Part 2 (Frequency Allocations and Radio Treaty Matters; General Rules and Regulations); Part 17 (Construction, Marking, and Lighting of Antenna Structures); Part 3, Subpart E (Television Broadcasting Stations); Part 73 (Radio Broadcast Services); and Part 74 (Experimental Auxiliary and Special Broadcast and Other Program Distribution and Services).

§ 2301.3 Definitions.

The following terms shall have the following meanings when used in this part:

"Act" means Part IV of Title III of the Communications Act of 1934, as amended (47 U.S.C. Sections 390-94, 397-99).

The term "Administrator" means the Administrator of the National Telecommunications and Information Administration, U.S. Department of Commerce.

The term "construction" (as applied to public telecommunications facilities) means acquisition (including ac

he term "noncommerical educanal and cultural radio and television grams” means educational, commu

service, public service, public afrs and cultural programs of benefit the area or community to be served a public telecommunications entity; The terms "noncommercial educanal broadcast station" and "public padcast station” means a television raido broadcast station whicha) under the rules and regulations the Federal Communications Comssion in effect on the effective date enactment of the Public Telecomunications Financing Act, is eligible be licensed by the Commission as a -ncommercial educational radio or evision broadcast station and which owned and operated by a public ency or nonprofit private foundaon, corporation, or association; or (b) is owned and operated by a mucipality and which transmits only oncommercial programs for educaonal purposes.

The term "noncommercial telecomunications entity" means any enterrise which—

(a) is owned and operated by a State, political or special purpose subdivion of a State, a public agency, or a onprofit private foundation, corporaion or association; and

(b). has been organized primarily for he purpose of disseminating audio or ideo noncommercial educational and ultural programs to the public by neans other than a primary television ▪r radio broadcast station, including, but not limited to, coaxial cable, optical fiber, broadcast translators, cassettes, discs, microwave or laser transmission through the atmosphere.

The term "nonprofit" (as applied to any foundation, corporation, or association) means a foundation, corporation, or association, no part of the net earning of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

The term "preoperational expenses" means all nonconstruction costs in

curred by new telecommunications entities before the date on which they began providing service to the public, and all nonconstruction costs associated with the expansion of existing entities before the date on which such expanded capacity is activated, except that such expenses shall not include any portion of the salaries of any personnel employed by an operating public telecommunications entity.

The term "public broadcasting entity" means the Corporation for Public Broadcasting, any licensee or permittee of a public broadcasting station, or any nonprofit institution engaged primarily in the productiɔn, acquisition, distribution or dissemination of educational and cultural television or radio programs.

The term "public telecommunications entity” means any enterprise which

(a) is a public broadcast station or a noncommercial telecommunications

entity; and

(b) disseminates public telecommunications services to the public.

The term "public telecommunications facilities" means apparatus necessary for production, interconnection, captioning, broadcast or other distribution of programming, including but not limited to, studio equipment, cameras, microphones, audio and video storage or reproduction equipment, or both, signal processors and switches, towers, antennas, transmitters, translators, microwave equipment, mobile equipment, satellite communications equipment, instructional television fixed service equipment (ITFS), subsidiary communications authorization (SCA) transmitting and receiving equipment, cable television equipment, video and audio cassettes and discs, optical fiber communications equipment and other means of transmitting, emitting, storing and receiving images and sounds or intelligence, except that such term does not include the buildings to house such apparatus (other than small equipment shelters which are part of satellite earth stations, translators, microwave interconnection facilities and similar facilities).

The term "public telecommunications services" means noncommercial educational and cultural radio and