Sec.  76.1909   Redistribution control of unencrypted digital terrestrial broadcast
content.

   (a)  For  the  purposes of this section, the terms unencrypted digital
   terrestrial broadcast content, EIT, PMT, broadcast flag, covered demodulator
   product, and marked content shall have the same meaning as set forth in
    Sec. 73.9000 of this chapter.

   (b)  Encrypted  retransmission. Where a multichannel video programming
   distributor retransmits unencrypted digital terrestrial broadcast content in
   encrypted form, such distributor shall, upon demodulation of the 8–VSB,
   16–VSB, 64–QAM or 256–QAM signal, inspect either the EIT or PMT for the
   broadcast flag, and if the broadcast flag is present:

   (1) Securely and robustly convey that information to the consumer product
   used to decrypt the distributor's signal information, and

   (2) Require that such consumer product, following such decryption, protect
   the content of such signal as if it were a covered demodulator product
   receiving marked content.

   (c) Unencrypted retransmission. Where a multichannel video programming
   distributor retransmits unencrypted digital terrestrial broadcast content in
   unencrypted form, such distributor shall, upon demodulation:

   (1) Preserve the broadcast flag, if present, in both the EIT and PMT; and

   (2)  Use  8–VSB,  16–VSB, 64–QAM, or 256–QAM signal modulation for the
   retransmission.

   (d) Unmarked content. Where a multichannel video programming distributor
   retransmits unencrypted digital terrestrial broadcast content that is not
   marked  with  the  broadcast  flag, the multichannel video programming
   distributor shall not encode such content to restrict its redistribution.

   [ 68 FR 67607 , Dec. 3, 2003]

Subpart X—Access to MDUs