Sec.  74.790   Permissible service of digital TV translator and LPTV stations.

   (a) Digital TV translator stations provide a means whereby the signals of
   DTV  broadcast  stations may be retransmitted to areas in which direct
   reception  of  such  DTV stations is unsatisfactory due to distance or
   intervening terrain barriers.

   (b)  Except as provided in paragraph (f) of this section, a digital TV
   translator station may be used only to receive the signals of a TV broadcast
   or  DTV broadcast station, another digital TV translator station, a TV
   translator relay station, a television intercity relay station, a television
   STL station, or other suitable sources such as a CARS or common carrier
   microwave station, for the simultaneous retransmission of the programs and
   signals  of a TV or DTV broadcast station. Such retransmissions may be
   accomplished by any of the following means:

   (1) Reception of TV broadcast or DTV broadcast station programs and signals
   directly through space and conversion to a different channel by one of the
   following transmission modes:

   (i) Heterodyne frequency conversion and suitable amplification, subject to a
   digital  output  power limit of 30 watts for transmitters operating on
   channels 14–69 and 3 watts for transmitters operating on channels 2–13; or

   (ii) Digital signal regeneration ( i.e. , DTV signal demodulation, decoding,
   error processing, encoding, remodulation, and frequency upconversion) and
   suitable amplification; or,

   (2) Demodulation, remodulation and amplification of TV broadcast or DTV
   broadcast  station  programs  and signals received through a microwave
   transport.

   (c)  The  transmissions of each digital TV translator station shall be
   intended for direct reception by the general public, and any other use shall
   be incidental thereto. A digital TV translator station shall not be operated
   solely for the purpose of relaying signals to one or more fixed receiving
   points for retransmission, distribution, or further relaying.

   (d)  Except  as provided in (e) and (f) of this section, the technical
   characteristics of the retransmitted signals shall not be deliberately
   altered  so as to hinder reception on consumer DTV broadcast receiving
   equipment.

   (e) A digital TV translator station shall not retransmit the programs and
   signals of any TV broadcast or DTV broadcast station(s) without the prior
   written consent of such station(s). A digital TV translator may multiplex on
   its output channel the video program services of two or more TV broadcast
   and/or DTV broadcast stations, pursuant to arrangements with all affected
   stations, and for this limited purpose, is permitted to alter a TV broadcast
   and/or DTV broadcast signal.

   (f) A digital TV translator station may transmit locally originated visual
   and/or aural messages limited to emergency warnings of imminent danger, to
   local public service announcements (PSAs) and to seeking or acknowledging
   financial  support  deemed necessary to the continued operation of the
   station. Acknowledgments of financial support may include identification of
   the  contributors,  the  size  and  nature of the contribution and the
   advertising  messages of the contributors. The originations concerning
   financial support and PSAs are limited to 30 seconds each, no more than once
   per hour. Emergency transmissions shall be no longer or more frequent than
   necessary  to  protect  life  and  property.  Such originations may be
   accomplished by any technical means agreed upon between the TV translator
   and DTV station whose signal is being retransmitted, but must be capable of
   being received on consumer DTV broadcast reception equipment. A digital TV
   translator  shall  modify,  as necessary to avoid DTV reception tuning
   conflicts, the Program System and Information Protocol (PSIP) information in
   the DTV broadcast signal being retransmitted.

   (g) A digital LPTV station may operate under the following modes of service:

   (1) For the retransmission of programming of a TV broadcast or DTV broadcast
   station, subject to the prior written consent of the station whose signal is
   being retransmitted;

   (2) For the origination of programming and commercial matter as defined in
    Sec. 74.701(l).

   (3) Whenever operating, a digital LPTV station must transmit an over-the-air
   video program signal at no direct charge to viewers at least comparable in
   resolution to that of its associated analog (NTSC) LPTV station or, in the
   case of an on-channel digital conversion, that of its former analog LPTV
   station.

   (4) A digital LPTV station may dynamically alter the bit stream of its
   signal to transmit one or more video program services in any established DTV
   video format.

   (h) A digital LPTV station is not subject to minimum required hours of
   operation and may operate in either of the two modes described in paragraph
   (g) of this section for any number of hours.

   (i) Upon transmitting a signal that meets the requirements of paragraph
   (g)(3) of this section, a digital LPTV station may offer services of any
   nature, consistent with the public interest, convenience, and necessity, on
   an ancillary or supplementary basis in accordance with the provisions of
    Sec. 73.624(c) and (g) of this chapter.

   (j) A digital LPTV station may not be operated solely for the purpose of
   relaying signals to one or more fixed receiving points for retransmission,
   distribution or relaying.

   (k) A digital LPTV station may receive input signals for transmission or
   retransmission  by  any  technical means, including those specified in
   paragraph (b) of this section.

   [ 69 FR 69334 , Nov. 29, 2004]