§  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 § 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 § 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 equi`pment, 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 § 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]