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 instructional TV 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 instructional television 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

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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 1990-2110 
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 
of this part shall not apply to a licensee who has been licensed in the 
CARS service pursuant to Sec. 21.709 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, .

[37 1966 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]