EBS Leasing
Boosting educational technology through EBS spectrum sharing
The history of EBS leasing
In 1983, the Federal Communications Commission (FCC) introduced rules to encourage full utilization of the EBS spectrum (formerly known as the Instructional Television Fixed Service). These rules allow but don't require EBS stations to lease their unused channel capacity for commercial purposes. This means an EBS station can lease up to 95% of its channel capacity to a commercial operator.
- Minimum educational use – Prior to 2020, the remaining 5% of the channel capacity must have been dedicated to the broadcast of educational or academic content. This could have been achieved by the EBS station itself using those channels for educational services or by arranging for educational use on the commercial operator's system. Our Board believes in the continued use of the spectrum for educational services going forward. To that end, VOL is committed to putting resources in our Service Areas through grants.
- Weekly requirement – To maintain their license, EBS stations must ensure a minimum of 20 hours per week of educational use across their channels.
This leasing arrangement can generate revenue for EBS stations, which in some cases can be used to further the mission of expanding educational technology access for schools and communities.
EBS leasing terms and requirements
Since 2005, EBS leasing has been governed by the FCC’s Secondary Markets leasing rules outlined in Part 1, Subpart X of Title 47 of the Code of Federal Regulations. Here are some key points to understand:
Leasing approach
EBS leases typically follow a de facto transfer leasing approach, where day-to-day control and regulatory responsibility of the leased spectrum are transferred to the commercial operator during the lease period. This transfer requires FCC approval.
Lease term
The maximum EBS lease term must be no more than 30 years.
Review and adjustment
Leases exceeding 15 years must include provisions allowing the EBS licensee to review its educational needs and technology requirements every five years after the 15th year. This allows for potential adjustments to services, capacity, support, or equipment as needed.
Purchase option
The lease agreement should grant the licensee the opportunity to purchase or lease the dedicated EBS equipment if the leasing arrangement ends.
Legacy leases
Leases established before January 10, 2005, under the old ITFS leasing rules, are grandfathered by the FCC. However, these leases must comply with the Secondary Markets leasing rules within 15 years of their start date.
The benefits of EBS leasing
By leasing excess capacity, EBS stations gain several advantages, including:
