Leasing HD Side Channel Question

[Collector]

Non-coms have leased out SCA's to commercial ethnic broadcasters for decades, so there'd be precedent for arguing that non-com's leasing HD's to commercial operators should be allowed by the commission. However, since the intent of the whole digital radio 'HD' idea (if not the reality at this point) is that these new channels are available to all for free over the public airwaves, HD's must abide by the same station ID's, Public Affairs and EAS requirements as analog channels. SCA's (which require the purchase of proprietary receivers) don't.  I know that you must purchase special receivers for HD's now, but unlike SCA chips, HD receivers are becoming standard equipment in some car models and the table top and portable models are generally available to the public.  SCA's will always require special equipment.

[Chuck]

The FCC considers HD secondary and tertiary channels as 'intended for public reception."  Thus they are allowable as a source for analog translators.  The Commission considers SCA channels as "private" broadcasts that are not intended for public reception.   

From that, you can draw your own conclusions.  As far as I can tell, if you do something with a HD-2 or HD-3 channel that is innovative, then all is well.  Do the same thing with SCA, and it is not OK.  YMMMV

[stacker]

Here's a question...totally unrelated to the topic of this thread, but relevant to recent posts....Let's say that you're flipping you HD2 channel out on an analog translator.  Okay.  Now folks other than dogs with really good hearing can hear it.  But, now lets say that the HD2 goes silent, (for whatever reason...exporter lockup, transmitter trouble, etc).  Yet, your analog translator keeps pumping out the HD2 programming.  Whoops....Right or Wrong?  Your thoughts....

[Play Freebird]

Here's a question...totally unrelated to the topic of this thread, but relevant to recent posts....Let's say that you're flipping you HD2 channel out on an analog translator.  Okay.  Now folks other than dogs with really good hearing can hear it.  But, now lets say that the HD2 goes silent, (for whatever reason...exporter lockup, transmitter trouble, etc).  Yet, your analog translator keeps pumping out the HD2 programming.  Whoops....Right or Wrong?  Your thoughts....

Have you noted how long the translator continues to operate after the primary station's HD-2 fails?  More than a day?

AM daytimers that operate FM translators on a fulltime basis are required to shut them down at night unless the AM station has operated within the past 24 hours.  The applicable rule is 74.1263(b):

An FM booster or FM translator station rebroadcasting the signal of an AM or FM primary station shall not be permitted to radiate during extended periods when signals of the primary station are not being retransmitted. Notwithstanding the foregoing, FM translators rebroadcasting Class D AM stations may continue to operate during nighttime hours only if the AM station has operated within the last 24 hours.

It would grieve me to see an exception made for HD-2 operators, but this would come as no surprise.

[OKCRadioGuy]

Technically they shouldn't be feeding the thing any other way that off-air in nearly most all cases.  I know of one in Tulsa that doesn't, but appearently they have some grandfathered provision in that they own the translator too...