Sec.  73.644   Subscription TV transmission systems.

   (a) Licensees and permittees of commercial and noncommercial TV broadcast
   and low power TV stations may conduct subscription operations only by using
   an  encoding system that has been approved in advance by the FCC. Such
   advance approval may be applied for and granted in accordance with the
   procedures given in Subpart M Part 2 of the Rules.

   (b)  The criteria for advance approval of subscription TV transmitting
   systems by the FCC are as follows:

   (1)  Spectral  energy  in  the  transmitted signal must not exceed the
   limitations given in  Sec. 73.687(e).

   (2) No increase in width of the television broadcast channel (6 MHz.) is
   permitted.

   (3)  The  technical  system  must  enable stations to transmit encoded
   subscription TV programs without increasing the RMS output power from either
   the video or audio transmitters over that required to transmit the same
   program material using normal transmission standards.

   (4) Modification of a type accepted TV broadcast or low power TV transmitter
   for encoded transmissions must not render transmitter incapable of operating
   in accordance with the operating specifications upon which type acceptance
   was granted. (See  Sec. 2.1001 (b), (k))

   (5)  Interference  to  reception  of conventional television either of
   co-channel  or  adjacent  channel stations must not increase over that
   resulting from the transmission of programming with normal transmission
   standards.

   (6) Subscriber decoder devices must meet the provisions, where required, of
   Subpart H of Part 15 of the FCC Rules for TV Interface Devices.

   (c)  Prior  to  commencing  the  transmission  of encoded subscription
   programming, the licensee or permittee of a TV broadcast or low power TV
   station must perform such tests and measurements to determine that the
   transmitted encoded signal conforms to the radiated radio frequency and
   demodulated   baseband  and  waveforms,  transmitter  operating  power
   determination, and the occupied bandwidth limitations specified in the
   application for advance FCC approval of the system being used. A copy of the
   measurement data is to be maintained in the station files and made available
   to the FCC upon request.

   (d) The licensee of a station transmitting an encoded subscription service
   must have at the transmitter control point the technical specifications for
   the system being used of both the aural and visual baseband signals and the
   transmitted radiofrequency signals, and have the necessary measuring and
   monitoring  equipment,  including  transmitter  output power measuring
   equipment,  to determine that the transmissions conform to the advance
   approval specifications on file with the FCC. Full operating specifications
   for the system must be available to representatives of the FCC upon request.

   (e) The operating power of the transmitters during encoded operations must
   be  determined and maintained according to the procedures given in the
   application for advance approval.

   (f) A station using an encoding system in accordance with the specifications
   filed with the application for advance approval is deemed to be exempted
   from those technical regulations of this Subpart and Subpart H to the extent
   they are specifically detailed in the application.

   (g)  No  protection  from interference of any kind will be afforded to
   reception of encoded subscription programming over that afforded reception
   of non-encoded signals.

   (h) A licensee or permittee may make no modifications on a subscription
   encoding system that would alter the characteristics of the transmitted
   aural or visual signal from those specified in the application for advance
   approval. A licensee or permittee of a station replacing its encoding system
   must perform the measurements required by paragraph (c) of this section. A
   TV broadcast station licensee or permittee must also send a letter advising
   the FCC of the new system being used as required by  Sec. 73.642(b) of this
   chapter.

   (i) The station licensee is fully responsible for all technical operations
   of the station during transmissions of encoded subscription programming,
   regardless of the supplier of the encoding equipment or subscription program
   service.

   Note:  Stations transmitting encoded subscription programming prior to
   October 1, 1983, must comply with all technical and operating requirements
   of  this  Section no later than April 1, 1984. Stations not having the
   information to comply with this Section must obtain such information from
   the manufacturer of the encoding system being used, and if necessary, by
   measurements of the station's transmission system.

   (j) Upon request by an authorized representative of the FCC, the licensee of
   a  TV  station  transmitting encoded programming must make available a
   receiving  decoder  to  the  Commission  to  carry  out its regulatory
   responsibilities.

   [ 48 FR 56392 , Dec. 21, 1983, as amended at  57 FR 48333 , Oct. 23, 1992;  66 FR 58982 , Nov. 26, 2001]