§  76.1909   Redistribution control of unencrypted digital terrestrial
broadcast content.

   (a) For the purposes of this section, the terms unencrypted digital
   terrestrial broadcast content, EIT, PMT, broadcast flag, covered
   demodulator product, and marked content shall have the same meaning as
   set forth in § 73.9000 of this chapter.

   (b) Encrypted retransmission. Where a multichannel video programming
   distributor retransmits unencrypted digital terrestrial broadcast
   content in encrypted form, such distributor shall, upon demodulation of
   the 8-VSB, 16-VSB, 64-QAM or 256-QAM signal, inspect either the EIT or
   PMT for the broadcast flag, and if the broadcast flag is present:

   (1) Securely and robustly convey that information to the consumer
   product used to decrypt the distributor's signal information, and

   (2) Require that such consumer product, following such decryption,
   protect the content of such signal as if it were a covered demodulator
   product receiving marked content.

   (c) Unencrypted retransmission. Where a multichannel video programming
   distributor retransmits unencrypted digital terrestrial broadcast
   content in unencrypted form, such distributor shall, upon demodulation:

   (1) Preserve the broadcast flag, if present, in both the EIT and PMT;
   and

   (2) Use 8-VSB, 16-VSB, 64-QAM, or 256-QAM signal modulation for the
   retransmission.

   (d) Unmarked content. Where a multichannel video programming
   distributor retransmits unencrypted digital terrestrial broadcast
   content that is not marked with the broadcast flag, the multichannel
   video programming distributor shall not encode such content to restrict
   its redistribution.

   [ 68 FR 67607 , Dec. 3, 2003]

Subpart X--Access to MDUs