Sec.  78.11   Permissible service.

   (a) CARS stations are authorized to relay TV broadcast and low-power TV and
   related audio signals, the signals of AM and FM broadcast stations, signals
   of BRS/EBS fixed stations, and cablecasting intended for use by one or more
   cable  television  systems or other eligible systems. LDS stations are
   authorized to relay television broadcast and related audio signals, the
   signals of AM and FM broadcast stations, signals of BRS/EBS fixed stations,
   cablecasting, and such other communications as may be authorized by the
   Commission. Relaying includes retransmission of signals by intermediate
   relay  stations  in  the system. CARS licensees may interconnect their
   facilities with those of other CARS, common carrier, or television auxiliary
   licensees, and may also retransmit the signals of such CARS, common carrier,
   or  television  auxiliary stations, provided that the program material
   retransmitted meets the requirements of this paragraph.

   (b)  The  transmitter  of  a CARS station using FM transmission may be
   multiplexed  to  provide  additional  communication  channels  for the
   transmission of standard and FM broadcast station programs and operational
   communications directly related to the technical operation of the relay
   system (including voice communications, telemetry signals, alerting signals,
   fault  reporting signals, and control signals). A CARS station will be
   authorized only where the principal use is the transmission of television
   broadcast program material or cablecasting: Provided, however, That this
   requirement shall not apply to LDS stations.

   (c)  CARS station licenses may be issued to cable television owners or
   operators or other eligible system owners or operators, and to cooperative
   enterprises owned by cable television owners or operators or other eligible
   system owners or operators. Television translator licensees may be members
   of such cooperative enterprises.

   (d) CARS systems shall supply program material to cable television systems,
   other  eligible systems, and translator stations only in the following
   circumstances.

   (1) Where the licensee of the CARS station or system is owner or operator of
   the cable television systems or other eligible systems supplied with program
   material; or

   (2)  Where the licensee of the CARS station or system supplies program
   material to cable television systems, other eligible systems, or television
   translator stations either without charge or on a non-profit, cost-sharing
   basis pursuant to a written contract between the parties involved which
   provides  that the CARS licensee shall have exclusive control over the
   operation of the CARS stations licensed to him and that contributions to
   capital  and  operating  expenses are accepted only on a cost-sharing,
   nonprofit basis, prorated on an equitable basis among all cable television
   systems or other eligible systems being supplied with program material in
   whole or in part. Charges for the programming material are not subject to
   this restriction and cable network-entities may fully charge for their
   services.  Records  showing the cost of the service and its nonprofit,
   cost-sharing  nature shall be maintained by the CARS licensee and held
   available for inspection by the Commission.

   (e) The license of a CARS pickup station authorizes the transmission of
   program material, and related communications necessary to the accomplishment
   of such transmission, from the scenes of events occurring in places other
   than a cable television studio or the studio of another eligible system, to
   the studio, headend, or transmitter of its associated cable television
   system or other eligible system, or to such other cable television or other
   eligible systems as are carrying the same program material. CARS pickup
   stations may be used to provide temporary CARS studio-to-headend links,
   studio-to-transmitter links, or CARS circuits consistent with this part
   without further authority of the Commission: Provided, however, That prior
   Commission authority shall be obtained if the transmitting antenna to be
   installed will increase the height of any natural formation or manmade
   structure by more than 6.1 meters (20 feet) and will be in existence for a
   period of more than 2 consecutive days: And provided, further, That if the
   transmitting equipment is to be operated for more than 1 day outside of the
   area  to which the CARS station has been licensed, the Commission, the
   Engineer in charge of the district in which the station is licensed to
   operate, and the Engineer in charge of the district in which the equipment
   will be temporarily operated shall be notified at least 1 day prior to such
   operation. If the decision to continue operation for more than 1 day is not
   made until the operation has begun, notice shall be given to the Commission
   and the relevant Engineers in charge within 1 day after such decision. In
   all instances, the Commission and the relevant Engineers in charge shall be
   notified when the transmitting equipment has been returned to its licensed
   area.

   (f) A cable network-entity may use CARS stations to transmit their own
   television program materials to cable television systems, other eligible
   systems, other cable network-entities, broadcast stations, and broadcast
   network-entities: Provided, however, That the bands 2025–2110 MHz, 6425–6526
   MHz and 6875–7125 MHz may be used by cable network-entities only for CARS
   pick-up stations.

   (g) The provisions of paragraph (d) of this section and  Sec. 78.13 shall not
   apply to a licensee who has been licensed in the CARS service pursuant to
    Sec. 101.705 of this chapter, except that paragraph (d) of this section shall
   apply  with  respect to facilities added or cable television and other
   eligible systems first served after February 1, 1966.

   [ 37 FR 3292 , Feb. 12, 1972, as amended at  37 FR 15926 , Aug. 8, 1972;  43 FR 1953 , Jan. 13, 1978;  43 FR 25127 , June 9, 1978;  44 FR 32382 , June 6, 1979;
    47 FR 21503 , May 18, 1982;  50 FR 23421 , June 4, 1985;  52 FR 7144 , Mar. 9,
   1987;  55 FR 46015 , Oct. 31, 1990;  58 FR 44952 , Aug. 25, 1993;  65 FR 38326 ,
   June 20, 2000;  65 FR 48181 , Aug. 7, 2000;  69 FR 72046 , Dec. 10, 2004]