Sec. 73.644  Subscription TV transmission systems.

    (a) Licensees and permittees of commercial 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 Sec. 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 Sec. 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

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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 equipment, 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 Sec. 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]