§ 73.295   FM subsidiary communications services.

   (a) Subsidiary communication services are those transmitted on a
   subcarrier within the FM baseband signal, but do not include services
   which enhance the main program broadcast service, or exclusively relate
   to station operations (see § 73.293). 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, bilingual television audio,
   and point to point or multipoint messages.

   (b) FM subsidiary communications services that are common carrier in
   nature are subject to common carrier 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 is common carriage rests with the FM
   station licensee. Initial determinations by licensees 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 FM 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 an FM station permit or license is not furthered or promoted
   by proposed or past 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 announcements required by § § 73.1201, 73.1208, and
   73.1212 are not applicable to material transmitted under an SCA.

   (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.

   [ 48 FR 28454 , June 22, 1983, as amended at  48 FR 44805 , Sept. 30, 1983;
    49 FR 33663 , Aug. 15, 1984;  50 FR 32416 , Aug. 12, 1985;  57 FR 48333 ,
   Oct. 23, 1992]

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