§ 74.790 - Permissible service of TV translator and LPTV stations.

§ 74.790 Permissible service of TV translator and LPTV stations.

Cross Reference

Link to an amendment published at 88 FR 59469, Aug. 29, 2023.

(a) TV translator stations provide a means whereby the signals of broadcast stations may be retransmitted to areas in which direct reception of such stations is unsatisfactory due to distance or intervening terrain barriers.

(b) Except as provided in paragraph (f) of this section, a TV translator station may be used only to receive the signals of a TV broadcast station, another 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 broadcast station. Such retransmissions may be accomplished by any of the following means:

(1) Reception of TV 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., signal demodulation, decoding, error processing, encoding, remodulation, and frequency upconversion) and suitable amplification; or,

(2) Demodulation, remodulation, and amplification of TV broadcast station programs and signals received through a microwave transport.

(c) The transmissions of each TV translator station shall be intended for direct reception by the general public, and any other use shall be incidental thereto. A 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 paragraphs (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 TV broadcast receiving equipment.

(e) A TV translator station shall not retransmit the programs and signals of any TV broadcast station(s) without the prior written consent of such station(s). A TV translator may multiplex on its output channel the video program services of two or more TV broadcast stations, pursuant to arrangements with all affected stations, and for this limited purpose, is permitted to alter a TV broadcast signal.

(f) A 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 TV station whose signal is being retransmitted, but must be capable of being received on consumer TV broadcast reception equipment.

(g) An LPTV station may operate under the following modes of service:

(1) For the retransmission of programming of a TV 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, an LPTV station must transmit at least one over-the-air video program signal at no direct charge to viewers at a resolution of at least 480i (vertical resolution of 480 lines, interlaced).

(4) An 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) An 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, an 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) An 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) An LPTV station may receive input signals for transmission or retransmission by any technical means, including those specified in paragraph (b) of this section.

(l) As necessary, a TV translator shall modify, to avoid TV reception tuning conflicts with other stations, the Program System and Information Protocol (PSIP) information in the TV broadcast signal being retransmitted.

(m) Low power television and TV translator stations may no longer operate any facility in analog (NTSC) mode.

(n) An LPTV station shall transmit at least the minimum Program System and Information Protocol (PSIP) information necessary for receivers to display the station's programming. The station is not required to utilize any specific virtual channel number but must avoid creating a contour overlap with any full power TV or Class A TV station's virtual channel, or creating a contour overlap with another LPTV station using the same virtual channel.

(o) Provision of analog FM radio operations by digital LPTV channel 6 stations (FM6 LPTV stations). FM6 LPTV stations may provide analog FM radio operations (FM6 operations) on an ancillary or supplementary basis subject to the following:

(1) The FM6 LPTV station must have been providing FM6 operations pursuant to an active engineering special temporary authority on June 7, 2022, or as otherwise permitted by the Commission.

(2) The FM6 LPTV station must be operating in ATSC 3.0 digital format, as authorized in § 74.782.

(3) FM6 operations may only be conducted on 87.75 MHz.

(4) FM6 operations shall be conducted on a non-interference basis to any other licensed user, including but not limited to broadcast television or radio users.

(5) The FM6 LPTV station's FM6 service contour must be contained within and may not exceed the protected contour of the FM6 LPTV station's synchronized video/audio programming stream. These contours shall be determined using established methodologies in § 73.313 of this chapter (FM radio) and § 74.792 (LPTV).

(6) The FM6 LPTV station must provide at least one stream of synchronized video and audio programming, at any time the station is operating.

(7) FM6 LPTV stations may make minor modifications to their technical facilities, as otherwise permitted under part 73 of this chapter or this part, so long as the station's proposed modified “protected contour,” as defined in § 74.792, does not exceed its protected contour as it was authorized on July 20, 2023, or where the station can demonstrate that such change is being made due to an engineering necessity such as the loss of a tower site or change in equipment due to malfunction and where the station can also demonstrate that the modification will not cause any interference to other licensed users.

(8) FM6 LPTV stations may be assigned or transferred; however, an FM6 LPTV station's FM6 operation is not severable from its digital license and may not be assigned or transferred separate from the FM6 LPTV station.

(9)–(10) [Reserved] FM6 LPTV stations must notify the Media Bureau within 30 days of permanently ceasing FM6 operations. Such notification hall be made by written letter and mailed to the FCC Office of the Secretary, Attention: Chief, Video Division, Media Bureau. If an FM6 LPTV station permanently ceases FM6 operations, FM6 operations may not resume.

(10) FM6 LPTV stations must certify in an attachment to their license renewal application that they have continued to provide FM6 service in accordance with the FM6 rules in this section during the prior license term.

(11) FM6 LPTV stations shall continue to be subject to all rules in part 73 of this chapter and this part applicable to low power television stations. In addition, the following rules shall apply to FM6 LPTV stations with respect to their FM6 operations:

(i) Part 11 of this chapter The Emergency Alert System (EAS).

(ii) Section 73.293, Use of FM multiplex subcarriers.

(iii) Section 73.295, FM subsidiary communications services.

(iv) Section 73.297, FM stereophonic sound broadcasting.

(v) Section 73.310, FM technical definitions.

(vi) Section 73.313, Prediction of coverage.

(vii) Section 73.319, FM multiplex subcarrier technical standards.

(viii) Section 73.322, FM stereophonic sound transmission standards.

(ix) Section 73.333, Engineering charts.

(x) Section 73.1201, Station identification.

(xi) Section 73.1206, Broadcast of telephone conversations.

(xii) Section 73.1207, Rebroadcasts.

(xiii) Section 73.1208, Broadcast of taped, filmed, or recorded material.

(xiv) Section 73.1209, References to time.

(xv) Section 73.1211, Broadcast of lottery information.

(xvi) Section 73.1212, Sponsorship identification; list retention; related requirements.

(xvii) Section 73.1216, Licensee-conducted contests.

(xviii) Section 73.1217, Broadcast hoaxes.

(xix) Section 73.1250, Broadcasting emergency information.

(xx) Section 73.1300, Unattended station operation.

(xxi) Section 73.1635, Special temporary authorizations (STA).

(xxii) Section 73.1740, Minimum operating schedule.

(xxiii) Section 73.1750, Discontinuance of operation.

(xxiv) Section 73.1940, Legally qualified candidates for public office.

(xxv) Section 73.1941, Equal opportunities.

(xxvi) Section 73.1942, Candidate rates.

(xxvii) Section 73.1943, Political file.

(xxviii) Section 73.1944, Reasonable access.

(xxix) Section 73.2080, Equal employment opportunities (EEO).

(xxx) Section 73.3526, Online public inspection file of commercial stations.

(xxxi) Section 73.4005, Advertising—refusal to sell.

(xxxii) Section 73.4045, Barter agreements.

(xxxiii) Section 73.4055, Cigarette advertising.

(xxxiv) Section 73.4060, Citizens agreements.

(xxxv) Section 73.4075, Commercials, loud.

(xxxvi) Section 73.4095, Drug lyrics.

(xxxvii) Section 73.4097, EBS (now EAS) attention signals on automated programing systems.

(xxxviii) Section 73.4165, Obscene language.

(xxxix) Section 73.4170, Obscene broadcasts.

(xl) Section 73.4180, Payment disclosure: Payola, plugola, kickbacks.

(xli) Section 73.4185, Political broadcasting and telecasting, the law of.

(xlii) Section 73.4190, Political candidate authorization notice and sponsorship identification.

(xliii) Section 73.4215, Program matter: Supplier identification.

(xliv) Section 73.4242, Sponsorship identification rules, applicability of.

(xlv) Section 73.4250, Subliminal perception.

(xlvi) Section 73.4255, Tax certificates: Issuance of.

(xlvii) Section 73.4260, Teaser announcements.

(xlviii) Section 73.4265, Telephone conversation broadcasts (network and like sources).

[69 FR 69334, Nov. 29, 2004, as amended at 87 FR 58205, Sept. 23, 2022; 88 FR 30670, May 12, 2023; 88 FR 59468, Aug. 29, 2023; 88 FR 59469, Aug. 29, 2023]