§ 73.667   TV subsidiary communications services.

   (a) Subsidiary communications services are those transmitted within the
   TV aural baseband signal, but do not include services which enhance the
   main program broadcast service or exclusively relate to station
   operations (see § 73.665(a), (b), and (c)). Subsidiary communications
   include, but are not limited to, services such as functional music,
   specialized foreign language programs, radio reading services, utility
   load management, market and financial data and news, paging and
   calling, traffic control signal switching, and point-to-point or
   multipoint messages.

   (b) TV subsidiary communications services that are common carrier or
   private radio in nature are subject to common carrier or private radio
   regulation. Licensees operating such services are required to apply to
   the FCC for the appropriate authorization and to comply with all
   policies and rules applicable to the service. Responsibility for making
   the initial determinations of whether a particular activity requires
   separate authority rests with the TV station licensee or permittee.
   Initial determinations by licensees or permittees are subject to FCC
   examination and may be reviewed at the FCC's discretion.

   (c) Subsidiary communications services are of a secondary nature under
   the authority of the TV station authorization, and the authority to
   provide such communications services may not be retained or transferred
   in any manner separate from the station's authorization. The grant or
   renewal of a TV station permit or license is not furthered or promoted
   by proposed or past subsidiary communications services. The permittee
   or licensee must establish that the broadcast operation is in the
   public interest wholly apart from the subsidiary communications
   services provided.

   (d) The station identification, delayed recording, and sponsor
   identification announcement required by § § 73.1201, 73.1208, and 73.1212
   are not applicable to leased communications services transmitted via
   services that are not of a general broadcast nature.

   (e) The licensee or permittee must retain control over all material
   transmitted in a broadcast mode via the station's facilities, with the
   right to reject any material that it deems inappropriate or
   undesirable.

   [ 49 FR 18105 , Apr. 27, 1984, as amended at  49 FR 27147 , July 2, 1984;
    56 FR 49707 , Oct. 1, 1991]

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