§  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 § 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 § 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]