Federal Communications Commission Approved by OMB Washington, D. C. 20554 3060-0062 Expires 08/31/98 INSTRUCTIONS FOR FCC FORM 330 APPLICATION FOR ITFS AUTHORIZATION FOR: o New Facilities o Modification of Existing Facilities o Receive/Response Stations o Low Power Relay Stations o Assignment of License/Transfer of Control of License GENERAL INSTRUC TIONS A. This form is to be used in applying for authority to construct a new Instructional Television Fixed and/or response station(s) and low power relay station(s) or to make changes in an existing station, or for consent to license assignment or transfer of control. This form consists of the following Sections: I. IDENTIFY OF APPLICANT, REQUESTED FACILITIES II. LEGAL QUALIFICATIONS OF APPLICANT III. FINANCIAL QUALIFICATIONS OF APPLICANT IV. ITFS SERVICE PROPOSAL V. ENGINEERING DATA VI. RESPONSE STATIONS VII. LOW POWER RELAY STATIONS B. Prepare and submit an original and two copies of this form and all exhibits (plus one extra copy of Sections VI and VII when receive/response and/or low power relay stations are proposed) to: The Secretary Federal Communications Commission Washington, D. C. 20554 C. Number exhibits serially in the spaces provided in the body of the form and attach all exhibits at the end of the application. D. Replies to questions in this form and the applicant's statements constitute representations on which the FCC will rely in considering the application. Thus, time and care should be devoted to all replies, which should reflect accurately the applicant's responsible consideration of the questions asked. Include all information called for by this application. If any portions of the application are not applicable, so state. Defective or incomplete applications will be returned without consideration. Furthermore, inadvertently accepted applications are also subject to dismissal. E. In accordance with 47 C.F.R. Section 1.65, the applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and significant changes in the information furnished. F. This application shall be personally signed by the applicant, if the applicant is an individual; by one of the partners; if the applicant is a partnership; by an officer, if the applicant is a corporation; by a member who is an officer, if the applicant is an unincorporated association; by such duly elected or appointed officials as may be competent to do so under the laws of the applicable jurisdiction, if the applicant is an eligible government entity; or by the applicant's attorney in case of the applicant's physical disability or of his/her absence from the United States. The attorney shall, in the event he/she signs for the applicant, separately set forth the reason why the application is not signed by the applicant. In addition, if any matter is stated on the basis of the attorney's belief only (rather than his/her knowledge), he/she shall separately set forth his/her reasons for believing that such statements are true. G. Before filing out this application, the applicant should familiarize itself with the Communications Act of 1934, as amended, and 47 C.F.R. Parts 1, 2, 17 and 74. H. This application form is to be used by a licensee seeking consent to assign its authorization to a new entity or consent to transfer of control of a corporate licensee. The licensee need only submit and sign Section I of the form. The new entity seeking to acquire the license must submit and sign a separate Section I, with the exception of paragraph 4, as well as Sections II-VII of the form, as applicable. If the assignment involves a construction permit for an unbuilt ITFS station, the parties must also submit the required expense itemization and other documentation called for by 47 C.F.R. Section 73.3597. NOTE: All instructions necessary to complete Sections III, VI and VII are contained in the application form. Instructions to Section I, II, IV and V are also contained in the application form, except for those additional instructions set forth below: SECTION I - GENERAL INFORMATION I. The name of the applicant stated herein shall be the exact corporate name, if a corporation; if an unincorporated association, the exact name of the association; if a governmental or public educational agency, the exact name of such agency. The applicant must notify the Commission of any change of address. J. A single application should be used for up to four channels, even if from different channel groups, if the associated transmitters are to be located at a common antenna site. Transmitters having different transmitting antenna locations must be filed on SEPARATE applications. K. Information called for by this application which is already on file with the Commission need not be filed in this application provided: (1) the information is now publicly on file in another application or FCC form filed by or on behalf of this applicant; (2) the information is identified fully by reference to the file number, and call sign (if any), the FCC form number and the filing date of the application or other form containing the information and the page or paragraph referred to; and (3) after making the reference, the applicant states: "No change since date of filing." Any such reference will be considered to incorporate into this application the application or other form referred to in its entirety. SECTION II - LEGAL QUALIFICATIONS L. As used in this Section, the words "party to this application'" mean: (a) in the case of a corporate applicant with outstanding stock, all officers, directors, stockholders of record, persons owning the beneficial interest in any stock, subscribers to any stock, and persons who voted any of the voting stock at the last stockholders meeting; (2) in the case of any other applicant which is not a governmental or public education agency, all executive officers, members of the governing board, and owners or subscribers to any membership or ownership interest in the applicant; and (3) in the case of an applicant which is a governmental or public educational agency, the members of the governing board and chief executive officers thereof. M. A "local" licensee (or applicant) is an institution or organization that is physically located in the community or metropolitan area where service is proposed. For a college or university, this would include any area where it has a campus. An educational organization will generally be regarded as "local" if the address of the organization's headquarters is located within the area where the facility is sought. An entity created by a state or local government for the purpose of serving formal educational needs will be considered "local" throughout the area within the government's jurisdiction over which its authority is intended to extend. An educational entity located within a state and created by affiliated educational institutions within that state, including hospitals, will be considered "local" in those areas where the member institutions are located. If the applicant is a nonlocal entity, or if it is a local nonprofit organization formed for the purpose of serving accredited institutional or governmental organizations, a letter written and signed by the administrator or authority responsible for each receive sites' curriculum planning must be submitted. Each letter must indicate that the official has viewed the applicant's program offerings and that such programming will be incorporated in the site's formal educational curriculum. The letter should incorporate a proposed weekly schedule of programming (using page 2, Section IV of Form 330) to indicate the types of programming and hours per week of formal and informal programming the site expects to use. The letter should also discuss the site's involvement in the planning, scheduling and production of programming. The letter must constitute a firm commitment to use the applicant's service. If the official cannot make a commitment without the consent of a higher authority, the official should obtain the consent before submitting its letter. If the applicant is nonlocal, the letter must also confirm that a member of the site's staff will serve on a local program committee, composed of school representatives, which will select and schedule programming received over the system and aid in any local production of programming. N. Section 310 of the Communications Act of 1934, relating to interests of foreign governments and aliens, provides: (a) The station license required under this Act shall not be granted to or held by any foreign government or the representative thereof; and (b) No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by: (1) any alien or the representative of any alien; (2) any corporation organized under the laws of any foreign government; (3) any corporation of which any officer or director is an alien or of which more than on-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under laws of a foreign country; and (4) any corporation directly or indirectly controlled by any other corporation of which any officer or more than one-fourth of the directors are aliens, or of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. O. Commission policies and litigation reporting requirements for broadcast station applicants are directed to focusing on misconduct which violates the Communications Act or a Commission rule or policy and on certain specified non-FCC misconduct. In responding to Question 6, applicants are advised that the parameters of the Commission's policies and requirements regarding character qualifications are fully set forth in Character Qualifications, 102 FCC 2d 1179 (1985), reconsideration denied, 1 FCC Rcd 421 (1986), as modified, 5 FCC Rcd 3252 (1990) and 7 FCC Rcd 6564 (1992). SECTION IV - SERVICE PROPOSAL P. An applicant seeking more than four ITFS channels in an area, or already authorized for four or more channels in an area, must submit a request for waiver of 47 C.F.R. Section 74.902(c). Such request must include a complete description of how the additional channels will be used to accommodate the applicant's needs and why the applicant's present capacity is insufficient to meet those needs. The waiver burden will be exceedingly high, particularly in areas where a large demand for channels exists. Any request for more than four ITFS channels that does not include a showing in support of a waiver will be summarily dismissed. Q. Formal or for-credit programming may include programming delivered to nonschool sites, such as businesses or homes. If the entire program service will be delivered to nonschool sites, however, the applicant must submit an exhibit stating the school(s) and degree(s) or diploma(s) for which the formal programming will be offered, including a description of the administration of the course(s). The applicant must submit letters, written and signed by the authorities responsible for the schools' curricula, verifying each of these points. For-credit programming may also include programming offered by hospitals for students to earn medical and allied health degrees and certificates. R. Before a licensee may use excess capacity on its ITFS system for non-ITFS purposes, every channel so used must carry at least 20 hours per week of ITFS service between 8:00 a.m. and 10:00 p.m. from Monday through Saturday, excluding holidays and vacation days. The 20 hours must include at least 3 hours per weekday (Monday-Friday). If the channel is leased to another party and will carry less than 40 hours per week of ITFS service, the lease agreement must provide for the reservation or ready recapture of sufficient additional hours to provide the licensee with control over at least 40 hours per week for ITFS service. The reserved or recapturable time must also occur between 8:00 a.m. and 10:00 p.m. from Monday through Saturday, excluding holidays and vacation days, and must include licensee control over at least 6 hours per weekday. The lease agreement must not require the licensee to pay the lessee or forego revenues or lease payments for hours recaptured within this 40-hour provision or to notify the lessee unreasonably far in advance of any recapture necessary to comply with this 40-hour provision. Furthermore, the licensee must retain the right to adjust to changing needs, although stricter scheduling provisions, more protective of the lessee, may pertain to any recapture by the lessor of additional hours beyond the 40 core hours of airtime. SECTION V - ENGINEERING DATA S. Temporary Fixed Station. Operation of a temporary fixed station (TFS) is limited to the licensee's geographical area and must be coordinated with other area licensees. Applicants for TFS must specify the call letters or file number of the station requesting the facility. If the application is for both a new station and to utilize a TFS, complete one copy of Section V, page 1 for each proposed operation. T. The following guidance is provided for the question regarding environmental impact: 1. Place an (X) in the appropriate box to indicate whether a Commission grant of the proposed communication facility(ies) may have a significant environmental impact as defined by 47 C.F.R. Section 1.1307. Briefly, Commission grant of an application may have a significant environmental impact if any of the following are proposed: a. A facility is to be located in sensitive areas (e.g., an officially designated wilderness area, a wildlife preserve area, a flood plain) or will physically or visually affect sites significant in American history. b. A facility whose construction will involve significant change in surface features. c. The antenna tower and/or supporting structure(s) will be equipped with high intensity white lights and are to be located in residential neighborhoods. d. The facilities or the operation of which will cause exposure to workers or the general public to levels of radio frequency radiation in excess of the "Radio Frequency Protection Guides" recommended in "American National Standard Safety Levels with respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300 kHz to 100 GHz," (ANSI C95.1- 1982), by the Institute of Electrical and Electronics Engineers, Inc., 345 East 47th Street, New York, New York 10017. 2. If you answer Yes, submit the required Environmental Assessment (EA). The EA includes for antennas towers and satellite earth stations: a. A description of the facilities as well as supporting structures and appurtenances, and a description of the site as well as the surrounding area and uses. If high intensity white lighting is proposed or utilized within a residential area, the EA must also address the impact of this lighting upon the residents. b. A statement as to the zoning classification of the site, and communications with, or proceedings before and determinations (if any) made by zoning, planning, environmental or other local, state or federal authorities on matters relating to environmental effect. c. A statement as to whether construction of the facilities has been a source of controversy on environmental grounds in the local community. d. A discussion of environmental and other considerations which led to the selection of the particular site and, if relevant, the particular facility; the nature and extent of any unavoidable adverse environmental effects; and any alternative sites or facilities which have been or might reasonably be considered. 3. The information submitted in the EA shall be factual (not argumentative of conclusory) and concise with sufficient detail to explain the environmental consequences and to enable the Commission, after an independent review of the EA, to reach a determination concerning the proposal's environmental impact, if any. The EA shall deal specifically with any feature of the site which has special environmental significance (e.g., wilderness area, wildlife preserves, natural migration paths for birds and other wildlife, and sites of historic, architectural, or archeological value). In the case of historically significant sites, it shall specify the effect of the facilities on any district, site, building, structure or object listed in the National Register of Historic Places, 39 Fed. Reg. 6402 (February 19, 1974). It shall also detail any substantial change in the character of the land utilized (e.g., deforestation, water diversion, wetland fill, or other extensive change of surface features). In the case of wilderness areas, wildlife preserves, or other like areas, the statement shall discuss the effect of any continuing pattern of human intrusion into the area (e.g., necessitated by the operation and maintenance of the facilities). 4. The EA shall also be accompanied with evidence of site approval, as obtained from local or federal land use authorities. 5. To the extent that such information is submitted in another part of the application, it need not be duplicated in the EA. However, adequate cross- reference to such information shall be supplied. 6. An EA does not need to be submitted to the Commission if another agency of the Federal Government has assumed responsibility: (a) for determining whether the facilities in question will have a significant effect on the quality of the human environment and (b), if it will affect the environment, for invoking the environmental impact statement process. FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT The solicitation of personal information requested in this application is authorized by the Communications Act of 1934, as amended. The Commission will use the information provided in the application to determine if the benefit requested is consistent with the public interest. In reaching that determination, or for law enforcement purposes, it may become necessary to refer personal information contained in this form to another government agency. In addition, all information provided in this form will be available for public inspection. If information requested on the form is not provided, the application may be returned without action having been taken upon it or its processing may be delayed while a request is made to provide the missing information. Accordingly, every effort should be made to provide all necessary information. Your response is required to obtain the requested authority. Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Federal Communications Commission, Records Management Branch, Paperwork Reduction Project (3060-0062), Washington, D.C. 20554. THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P.L. 93-579, DECEMBER 31, 1974, 5 U.S.C. 552a(e)(3) AND THE PAPERWORK REDUCTION ACT OF 1980, P.L. 96-611, DECEMBER 11,1980, 44 U.S.C. 3507.