Technically, they are transmitting a DTV signal and meeting the FCC requirement. HD content can be available in any ratio. 4x3 or 16x9 ratio material (or any other ratio programming) may be broadcast in HD or SD formats. The resolution of the material, limited either by acquisition and/or playback copy and transmission bandwidth will be the quality determination factors.
Often a station up-converts low resolution SD material and broadcasts in high resolution format. A waste of bandwidth, but fills up the schedule and meets the DTV requirements.