§ 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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