§  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 § 78.13 shall
   not apply to a licensee who has been licensed in the CARS service
   pursuant to § 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]