§ 73.682   TV transmission standards.

   (a)  Transmission standards. (1) The width of the television broadcast
   channel shall be 6 MHz.

   (2) The visual carrier frequency shall be nominally 1.25 MHz above the lower
   boundary of the channel.

   (3) The aural center frequency shall be 4.5 MHz higher than the visual
   carrier frequency.

   (4) The visual transmission amplitude characteristic shall be in accordance
   with the chart designated as Figure 5 of § 73.699: Provided, however, That
   for stations operating on Channel 15 through 69 and employing a transmitter
   with  maximum  peak  visual  power  output  of 1 kW or less the visual
   transmission amplitude characteristic may be in accordance with the chart
   designated as Figure 5a of § 73.699.

   (5) The chrominance subcarrier frequency is 63/88 times precisely 5 MHz
   (3.57954545 . . . MHz). The tolerance is ±10 Hz and the rate of frequency
   drift must not exceed 0.1 Hz per second (cycles per second squared).

   (6) For monochrome and color transmissions the number of scanning lines per
   frame  shall  be  525, interlaced two to one in successive fields. The
   horizontal  scanning  frequency  shall  be 2/455 times the chrominance
   subcarrier frequency; this corresponds nominally to 15,750 Hz with an actual
   value of 15,734.264 ±0.044 Hz). The vertical scanning frequency is 2/525
   times the horizontal scanning frequency; this corresponds nominally to 60 Hz
   (the actual value is 59.94 Hz). For monochrome transmissions only, the
   nominal values of line and field frequencies may be used.

   (7) The aspect ratio of the transmitted television picture shall be 4 units
   horizontally to 3 units vertically.

   (8) During active scanning intervals, the scene shall be scanned from left
   to  right  horizontally  and from top to bottom vertically, at uniform
   velocities.

   (9) A carrier shall be modulated within a single television channel for both
   picture  and synchronizing signals. The two signals comprise different
   modulation ranges in amplitude in accordance with the following:

   (i)  Monochrome transmissions shall comply with synchronizing waveform
   specifications in Figure 7 of § 73.699.

   (ii)  Color transmissions shall comply with the synchronizing waveform
   specifications in Figure 6 of § 73.699.

   (iii) All stations operating on Channels 2 through 14 and those stations
   operating on Channels 15 through 69 licensed for a peak visual transmitter
   output power greater than one kW shall comply with the picture transmission
   amplitude characteristics shown in Figure 5 of § 73.699.

   (iv) Stations operating on Channels 15 through 69 licensed for a peak visual
   transmitter output power of one kW or less shall comply with the picture
   transmission amplitude characteristic shown in Figure 5 or 5a of § 73.699.

   (10)  A decrease in initial light intensity shall cause an increase in
   radiated power (negative transmission).

   (11) The reference black level shall be represented by a definite carrier
   level, independent of light and shade in the picture.

   (12) The blanking level shall be transmitted at 75±2.5 percent of the peak
   carrier level.

   (13) The reference white level of the luminance signal shall be 12.5±2.5
   percent of the peak carrier level.

   (14)  It shall be standard to employ horizontal polarization. However,
   circular or elliptical polarization may be employed if desired, in which
   case  clockwise (right hand) rotation, as defined in the IEEE Standard
   Definition  42A65-3E2, and transmission of the horizontal and vertical
   components  in  time  and  space  quadrature shall be used. For either
   omnidirectional or directional antennas the licensed effective radiated
   power of the vertically polarized component may not exceed the licensed
   effective  radiated power of the horizontally polarized component. For
   directional antennas, the maximum effective radiated power of the vertically
   polarized component shall not exceed the maximum effective radiated power of
   the horizontally polarized component in any specified horizontal or vertical
   direction.

   (15) The effective radiated power of the aural transmitter must not exceed
   22% of the peak radiated power of the visual transmitter.

   (16) The peak-to-peak variation of transmitter output within one frame of
   video signal due to all causes, including hum, noise, and low-frequency
   response, measured at both scanning synchronizing peak and blanking level,
   shall not exceed 5 percent of the average scanning synchronizing peak signal
   amplitude. This provision is subject to change but is considered the best
   practice under the present state of the art. It will not be enforced pending
   a further determination thereof.

   (17) The reference black level shall be separated from the blanking level by
   the setup interval, which shall be 7.5±2.5 percent of the video range from
   blanking level to the reference white level.

   (18) For monochrome transmission, the transmitter output shall vary in
   substantially inverse logarithmic relation to the brightness of the subject.
   No tolerances are set at this time. This provision is subject to change but
   is considered the best practice under the present state of the art. It will
   not be enforced pending a further determination thereof.

   (19) The color picture signal shall correspond to a luminance component
   transmitted  as  amplitude  modulation  of  the  picture carrier and a
   simultaneous pair of chrominance components transmitted as the amplitude
   modulation sidebands of a pair of suppressed subcarriers in quadrature.

   (20) Equation of complete color signal.

   (i) The color picture signal has the following composition:

   EM=EY′ + [EQ′ sin (ωt + 33�°) + EI′ cos (ωt + 33�°)]

   Where:

   EQ′ = 0.41(EB′−EY′) + 0.48(ER′−EY′).

   EI′=−0.27(EB′−EY′) + 0.74(ER′−EY′).

   EY′ = 0.30ER′ + 0.59EG′ + 0.−1EB′.

   For color-difference frequencies below 500 kHz (see (iii) below), the signal
   can be represented by:

   EM=EY′ + [(1/1.14)[(1/1.78)(EB′−EY′) sin ωt + (ER′−EY′) cos ωt]]

   (ii) The symbols in paragraph (a)(20)(i) of this section have the following
   significance:

   EM is the total video voltage, corresponding to the scanning of a particular
   picture element, applied to the modulator of the picture transmitter.

   EY′ is the gamma-corrected voltage of the monochrome (black-and-white)
   portion of the color picture signal, corresponding to the given picture
   element.

   Note: Forming of the high frequency portion of the monochrome signal in a
   different manner is permissible and may in fact be desirable in order to
   improve the sharpness on saturated colors.

   EQ′  and  EI′  are  the amplitudes of two orthogonal components of the
   chrominance signal corresponding respectively to narrow-band and wide-band
   axes.

   ER′, EG′, and EB′ are the gamma-corrected voltages corresponding to red,
   green, and blue signals during the scanning of the given picture element.

   ω is the angular frequency and is 2 times the frequency of the chrominance
   subcarrier.

   The  portion of each expression between brackets in (i) represents the
   chrominance subcarrier signal which carries the chrominance information.

   The phase reference in the EM equation in (i) is the phase of the burst +
   180�°, as shown in Figure 8 of § 73.699. The burst corresponds to amplitude
   modulation of a continuous sine wave.

   (iii) The equivalent bandwidth assigned prior to modulation to the color
   difference signals EQ′ and EI′ are as follows:

   Q-channel bandwidth:

   At 400 kHz less than 2 dB down.

   At 500 kHz less than 6 dB down.

   At 600 kHz at least 6 dB down.

   I-channel bandwidth:

   At 1.3 MHz less than 2 dB down.

   At 3.6 MHz at least 20 dB down.

   (iv) The gamma corrected voltages ER′, EG′, and EB′ are suitable for a color
   picture tube having primary colors with the following chromaticities in the
   CIE system of specification:
              x    y
   Red (R)   0.67 0.33
   Green (G) 0.21 0.71
   Blue (B)  0.14 0.08

   and having a transfer gradient (gamma exponent) of 2.2 associated with each
   primary color. The voltages ER′, EG′, and EB′ may be respectively of the
   form ER1/γ, EG1/γ, and EB1/γ although other forms may be used with advances
   in the state of the art.

   Note: At the present state of the art it is considered inadvisable to set a
   tolerance on the value of gamma and correspondingly this portion of the
   specification will not be enforced.

   (v) The radiated chrominance subcarrier shall vanish on the reference white
   of the scene.

   Note: The numerical values of the signal specification assume that this
   condition will be reproduced as CIE Illuminant C (x = 0.310, y = 0.316).

   (vi) EY′, EQ′, EI′, and the components of these signals shall match each
   other in time to 0.05 µsecs.

   (vii) The angles of the subcarrier measured with respect to the burst phase,
   when reproducing saturated primaries and their complements at 75 percent of
   full amplitude, shall be within ±10�° and their amplitudes shall be within
   ±20  percent of the values specified above. The ratios of the measured
   amplitudes of the subcarrier to the luminance signal for the same saturated
   primaries and their complements shall fall between the limits of 0.8 and 1.2
   of the values specified for their ratios. Closer tolerances may prove to be
   practicable and desirable with advance in the art.

   (21) The interval beginning with line 17 and continuing through line 20 of
   the  vertical  blanking  interval  of  each  field may be used for the
   transmission of test signals, cue and control signals, and identification
   signals, subject to the conditions and restrictions set forth below. Test
   signals may include signals designed to check the performance of the overall
   transmission system or its individual components. Cue and control signals
   shall  be  related  to  the  operation  of  the  TV broadcast station.
   Identification signals may be transmitted to identify the broadcast material
   or its source, and the date and time of its origination. Figures 6 and 7 of
   § 73.699 identify the numbered lines referred to in this paragraph.

   (i)  Modulation of the television transmitter by such signals shall be
   confined to the area between the reference white level and the blanking
   level, except where test signals include chrominance subcarrier frequencies,
   in which case positive excursions of chrominance components may exceed
   reference white, and negative excursions may extend into the synchronizing
   area. In no case may the modulation excursions produced by test signals
   extend beyond peak-of-sync, or to zero carrier level.

   (ii) The use of such signals shall not result in significant degradation of
   the program transmission of the television broadcast station, nor produce
   emission  outside  of  the  frequency band occupied for normal program
   transmissions.

   (iii) Such signals may not be transmitted during that portion of each line
   devoted to horizontal blanking.

   (iv) Regardless of other provisions of this paragraph, after June 30, 1994,
   Line  19,  in each field, may be used only for the transmission of the
   ghost-canceling reference signal described in OET Bulletin No. 68, which is
   available from the FCC Warehouse, 9300 East Hampton Drive, Capitol Heights,
   MD 20743. Notwithstanding the modulation limits contained in paragraph
   (a)(23)(i) of this section, the vertical interval reference signal formerly
   permitted  on  Line  19  and described in Figure 16 of § 73.699, may be
   transmitted  on any of lines 10 through 16 without specific Commission
   authorization, subject to the conditions contained in paragraphs (a)(21)(ii)
   and (a)(22)(ii) of this section.

   (22)(i)  Line 21, in each field, may be used for the transmission of a
   program-related data signal which, when decoded, provides a visual depiction
   of  information  simultaneously  being  presented on the aural channel
   (captions).  Line  21,  field  2  may  be  used  for transmission of a
   program-related data signal which, when decoded, identifies a rating level
   associated with the current program. Such data signals shall conform to the
   format  described  in figure 17 of § 73.699 of this chapter, and may be
   transmitted during all periods of regular operation. On a space available
   basis, line 21 field 2 may also be used for text-mode data and extended data
   service information.

   Note: The signals on Fields 1 and 2 shall be distinct data streams, for
   example, to supply captions in different languages or at different reading
   levels.

   (ii) At times when Line 21 is not being used to transmit a program related
   data signal, data signals which are not program related may be transmitted,
   Provided: the same data format is used and the information to be displayed
   is of a broadcast nature.

   (iii) The use of Line 21 for transmission of other data signals conforming
   to  other  formats  may  be used subject to prior authorization by the
   Commission.

   (iv) The data signal shall cause no significant degradation to any portion
   of the visual signal nor produce emissions outside the authorized television
   channel.

   (v) Transmission of visual emergency messages pursuant to § 73.1250 shall
   take precedence and shall be cause for interrupting transmission of data
   signals permitted under this paragraph.

   (23) Specific scanning lines in the vertical blanking interval may be used
   for the purpose of transmitting telecommunications signals in accordance
   with § 73.646, subject to certain conditions:

   (i) Telecommunications may be transmitted on Lines 10-18 and 20, all of
   Field 2 and Field 1. Modulation level shall not exceed 70 IRE on lines 10,
   11, and 12; and, 80 IRE on lines 13-18 and 20.

   (ii) No observable degradation may be caused to any portion of the visual or
   aural signals.

   (iii) Telecommunications signals must not produce emissions outside the
   authorized television channel bandwidth. Digital data pulses must be shaped
   to limit spectral energy to the nominal video baseband.

   (iv) Transmission of emergency visual messages pursuant to § 73.1250 must
   take precedence over, and shall be cause for interrupting, a service such as
   teletext that provides a visual depiction of information simultaneously
   transmitted on the aural channel.

   (v) A reference pulse for a decoder associated adaptive equalizer filter
   designed  to improve the decoding of telecommunications signals may be
   inserted on any portion of the vertical blanking interval authorized for
   data service, in accordance with the signal levels set forth in paragraph
   (a)(23)(i) of this section.

   (vi) All lines authorized for telecommunications transmissions may be used
   for other purposes upon prior approval by the Commission.

   (24) Licensees and permittees of TV broadcast and low power TV stations may
   insert  non-video  data  into  the  active  video  portion of their TV
   transmission, subject to certain conditions:

   (i) The active video portion of the visual signal begins with line 22 and
   continues through the end of each field, except it does not include that
   portion of each line devoted to horizontal blanking. Figures 6 and 7 of
   § 73.699 identify the numbered line referred to in this paragraph;

   (ii) Inserted non-video data may be used for the purpose of transmitting a
   telecommunications service in accordance with § 73.646. In addition to a
   telecommunications  service, non-video data can be used to enhance the
   station's broadcast program service or for purposes related to station
   operations. Signals relating to the operation of TV stations include, but
   are not limited to program or source identification, relay of broadcast
   materials to other stations, remote cueing and order messages, and control
   and telemetry signals for the transmitting system; and

   (iii) A station may only use systems for inserting non-video information
   that have been approved in advance by the Commission. The criteria for
   advance approval of systems are as follows:

   (A) The use of such signals shall not result in significant degradation to
   any portion of the visual, aural, or program-related data signals of the
   television broadcast station;

   (B) No increase in width of the television broadcast channel (6 MHz) is
   permitted. Emissions outside the authorized television channel must not
   exceed the limitations given in § 73.687(e). Interference to reception of
   television service either of co-channel or adjacent channel stations must
   not  increase over that resulting from the transmission of programming
   without inserted data; and

   (C) Where required, system receiving or decoding devices must meet the TV
   interface device provisions of Part 15, Subpart H of this chapter.

   (iv)  No  protection from interference of any kind will be afforded to
   reception of inserted non-video data.

   (v) Upon request by an authorized representative of the Commission, the
   licensee  of  a  TV station transmitting encoded programming must make
   available a receiving decoder to the Commission to carry out its regulatory
   responsibilities.

   (b) Subscription TV technical systems. The FCC may specify, as part of the
   advance  approval  of  the  technical  system for transmitting encoded
   subscription  programming,  deviations  from  the  power determination
   procedures,  operating  power levels, aural or video baseband signals,
   modulation levels or other characteristics of the transmitted signal as
   otherwise specified in this Subpart. Any decision to approve such operating
   deviations shall be solely at the discretion of the FCC.

   (c) TV multiplex subcarrier/stereophonic aural transmission standards.

   (1) The modulating signal for the main channel shall consist of the sum of
   the stereophonic (biphonic, quadraphonic, etc.) input signals.

   (2) The instantaneous frequency of the baseband stereophonic subcarrier must
   at all times be within the range 15 kHz to 120 kHz. Either amplitude or
   frequency modulation of the stereophonic subcarrier may be used.

   (3) One or more pilot subcarriers between 16 kHz and 120 kHz may be used to
   switch a TV receiver between the stereophonic and monophonic reception modes
   or  to  activate a stereophonic audio indicator light, and one or more
   subcarriers between 15 kHz and 120 kHz may be used for any other authorized
   purpose; except that stations employing the BTSC system of stereophonic
   sound transmission and audio processing may transmit a pilot subcarrier at
   15,734 Hz, ±2 Hz. Other methods of multiplex subcarrier or stereophonic
   aural transmission systems must limit energy at 15,734 Hz, ±20 Hz, to no
   more than ±0.125 kHz aural carrier deviation.

   (4)  Aural baseband information above 120 kHz must be attenuated 40 dB
   referenced to 25 kHz main channel deviation of the aural carrier.

   (5)  For  required transmitter performance, all of the requirements of
   § 73.687(b) shall apply to the main channel, with the transmitter in the
   multiplex subcarrier or stereophonic aural mode.

   (6)  For  electrical  performance  standards  of  the transmitter, the
   requirements of § 73.687(b) apply to the main channel.

   (7) Multiplex subcarrier or stereophonic aural transmission systems must be
   capable of producing and must not exceed ±25 kHz main channel deviation of
   the aural carrier.

   (8) The arithmetic sum of non-multiphonic baseband signals between 15 kHz
   and 120 kHz must not exceed ±50 kHz deviation of the aural carrier.

   (9) Total modulation of the aural carrier must not exceed ±75 kHz.

   (d) Digital broadcast television transmission standard. Effective October
   11, 2011 transmission of digital broadcast television (DTV) signals shall
   comply with the standards for such transmissions set forth in ATSC A/52:
   “ATSC Standard Digital Audio Compression (AC-3)”, ATSC A/53, Parts 1-4 and
   6: 2007 “ATSC Digital Television Standard,” (January 3, 2007), and ATSC A/53
   Part 5:2010 “ATSC Digital Television Standard: Part 5—AC-3 Audio System
   Characteristic,” (July 6, 2010), except for section 6.1.2 (“Compression
   Format  Constraints”)  of  A/53  Part  4:  2007 (“MPEG-2 Video Systems
   Characteristics”) and the phrase “see Table 6.2” in section 6.1.1 Table 6.1
   and  section 6.1.3 Table 6.3, and ATSC A/65C: “ATSC Program and System
   Information Protocol for Terrestrial Broadcast and Cable, Revision C With
   Amendment  No.  1 dated May 9, 2006,” (January 2, 2006) (all standards
   incorporated by reference, see § 73.8000). Although not incorporated by
   reference, licensees may also consult ATSC A/54A: “Recommended Practice:
   Guide to Use of the ATSC Digital Television Standard, including Corrigendum
   No. 1,” (December 4, 2003, Corrigendum No. 1 dated December 20, 2006, and
   ATSC  A/69:  “Recommended  Practice PSIP Implementation Guidelines for
   Broadcasters,” (June 25, 2002) (Secs. 4, 5, 303, 48 Stat., as amended, 1066,
   1068,  1082  (47  U.S.C. 154, 155, 303)). ATSC A/54A and ATSC A/69 are
   available from Advanced Television Systems Committee (ATSC), 1750 K Street,
   NW.,  Suite  1200,  Washington,  DC  20006,  or  at the ATSC Web site:
   http://www.atsc.org/standards.html.

   (e)  Transmission of commercial advertisements by television broadcast
   station. (1) Mandatory compliance with ATSC A/85 RP. Effective December 13,
   2012,  television broadcast stations must comply with the ATSC A/85 RP
   incorporated  by  reference, see § 73.8000), insofar as it concerns the
   transmission of commercial advertisements.

   (2) Commercials inserted by station. A television broadcast station that
   installs, utilizes, and maintains in a commercially reasonable manner the
   equipment and associated software to comply with ATSC A/85 RP shall be
   deemed in compliance with respect to locally inserted commercials, which for
   the purposes of this provision are commercial advertisements added to a
   programming stream by a station prior to or at the time of transmission to
   viewers.  In  order  to  be considered to have installed, utilized and
   maintained  the  equipment  and  associated software in a commercially
   reasonable manner, a television broadcast station must:

   (i) Install, maintain and utilize equipment to properly measure the loudness
   of the content and to ensure that the dialnorm metadata value correctly
   matches the loudness of the content when encoding the audio into AC-3 for
   transmitting the content to the consumer;

   (ii)  Provide  records  showing the consistent and ongoing use of this
   equipment in the regular course of business and demonstrating that the
   equipment has undergone commercially reasonable periodic maintenance and
   testing to ensure its continued proper operation;

   (iii) Certify that it either has no actual knowledge of a violation of the
   ATSC A/85 RP, or that any violation of which it has become aware has been
   corrected promptly upon becoming aware of such a violation; and

   (iv) Certify that its own transmission equipment is not at fault for any
   pattern or trend of complaints.

   (3) Embedded commercials—safe harbor. With respect to embedded commercials,
   which,  for  the  purposes  of  this  provision,  are those commercial
   advertisements placed into the programming stream by a third party (i.e.,
   programmer) and passed through by the station to viewers, a television
   broadcast station must certify that its own transmission equipment is not at
   fault for any pattern or trend of complaints, and may demonstrate compliance
   with the ATSC A/85 RP through one of the following methods:

   (i) Relying on a network's or other programmer's certification of compliance
   with the ATSC A/85 RP with respect to commercial programming, provided that:

   (A) The certification is widely available by Web site or other means to any
   television  broadcast  station,  cable operator, or multichannel video
   programming distributor that transmits that programming; and

   (B) The television broadcast station has no reason to believe that the
   certification is false; and

   (C) The television broadcast station performs a spot check, as defined in
   § 73.682(e)(3)(iv)(A), (B), (D), and (E), on programming in response to an
   enforcement inquiry concerning a pattern or trend of complaints regarding
   commercials contained in that programming.

   (ii) If transmitting any programming that is not certified as described in
   § 73.682(e)(3)(i),  a  television  broadcast station that had more than
   $14,000,000 in annual receipts for the calendar year 2011 must perform
   annual spot checks, as defined in § 73.682(e)(3)(iv)(A), (B), (C), and (E),
   of all the non-certified commercial programming it receives from a network
   or   other  programmer  and  perform  a  spot  check,  as  defined  in
   § 73.682(e)(3)(iv)(A), (B), (D), and (E), on programming in response to an
   enforcement inquiry concerning a pattern or trend of complaints regarding
   commercials contained in that programming;

   (iii) A television broadcast station that had $14,000,000 or less in annual
   receipts for the year 2011 need not perform annual spot checks but must
   perform a spot check, as defined in § 73.682(e)(3)(iv)(A), (B), (D), and (E),
   on programming in response to an enforcement inquiry concerning a pattern or
   trend of complaints regarding commercials contained in that programming.

   (iv) For purposes of this section, a “spot check” of embedded commercials
   requires monitoring 24 uninterrupted hours of programming with an audio
   loudness meter employing the measurement technique specified in the ATSC
   A/85  RP, and reviewing the records from that monitoring to detect any
   commercials transmitted in violation of the ATSC A/85 RP. The television
   broadcast station must not inform the network or programmer of the spot
   check prior to performing it.

   (A) Spot-checking must be conducted after the signal has passed through the
   television broadcast station's processing equipment (e.g., at the output of
   a television receiver). If a problem is found, the television broadcast
   station must determine the source of the noncompliance.

   (B)  To  be  considered  valid,  the television broadcast station must
   demonstrate appropriate maintenance records for the audio loudness meter.

   (C)  With  reference  to  the  annual  “safe  harbor”  spot  check  in
   § 73.682(e)(3)(ii):

   (1)  To  be  considered  valid,  the television broadcast station must
   demonstrate, at the time of any enforcement inquiry, that appropriate spot
   checks had been ongoing.

   (2) If there is no single 24 hour period in which all programmers of a given
   program stream are represented, an annual spot check may consist of a series
   of loudness measurements over the course of a 7 day period, totaling no
   fewer than 24 hours, that measure at least one program, in its entirety,
   provided by each non-certified programmer that supplies programming for that
   program stream.

   (3) If annual spot checks are performed for two consecutive years without
   finding evidence of noncompliance with the ATSC A/85 RP, no further annual
   spot  checks  are  required  to remain in the safe harbor for existing
   programming.

   (4) Non-certified program streams must be spot-checked annually using the
   approach described in this section. If annual spot checks of the program
   stream are performed for two consecutive years without finding evidence of
   noncompliance with the ATSC A/85 RP, no further annual spot checks are
   required to remain in the safe harbor for that program stream.

   (5) Even after the two year period for annual spot checks, if a spot check
   shows noncompliance on a non-certified program stream, the station must once
   again perform annual spot checks of that program stream to be in the safe
   harbor  for  that programming. If these renewed annual spot checks are
   performed for two consecutive years without finding additional evidence of
   noncompliance with the ATSC A/85 RP, no further annual spot checks are
   required to remain in the safe harbor for that program stream.

   (D) With reference to the spot checks in response to an enforcement inquiry
   pursuant to § 73.682(e)(3)(i)(C), (2), or (3):

   (1)  If  notified  of a pattern or trend of complaints, the television
   broadcast station must perform the 24-hour spot check of the program stream
   at issue within 30 days or as otherwise specified by the Enforcement Bureau;
   and

   (2) If the spot check reveals actual compliance, the television broadcast
   station  must notify the Commission in its response to the enforcement
   inquiry.

   (E)  If  any spot check shows noncompliance with the ATSC A/85 RP, the
   television station must notify the Commission and the network or programmer
   within 7 days, direct the programmer's attention to any relevant complaints,
   and must perform a follow-up spot check within 30 days of providing such
   notice. The station must notify the Commission and the network or programmer
   of  the  results  of  the  follow-up spot check. Notice to the Federal
   Communications Commission must be provided to the Chief, Investigations and
   Hearings Division, Enforcement Bureau, or as otherwise directed in a Letter
   of Inquiry to which the station is responding.

   (1) If the follow-up spot check shows compliance with the ATSC A/85 RP, the
   station remains in the safe harbor for that program stream.

   (2) If the follow-up spot check shows noncompliance with the ATSC A/85 RP,
   the station will not be in the safe harbor with respect to commercials
   contained  in  the  program  stream  for  which  the spot check showed
   noncompliance until a subsequent spot check shows that the program stream is
   in compliance.

   (4)  Use of a real-time processor. A television broadcast station that
   installs, maintains and utilizes a real-time processor in a commercially
   reasonable manner will be deemed in compliance with the ATSC A/85 RP with
   regard to any commercial advertisements on which it uses such a processor,
   so long as it also:

   (i)  Provides  records  showing the consistent and ongoing use of this
   equipment in the regular course of business and demonstrating that the
   equipment has undergone commercially reasonable periodic maintenance and
   testing to ensure its continued proper operation;

   (ii) Certifies that it either has no actual knowledge of a violation of the
   ATSC A/85 RP, or that any violation of which it has become aware has been
   corrected promptly upon becoming aware of such a violation; and

   (iii) Certifies that its own transmission equipment is not at fault for any
   pattern or trend of complaints.

   (5) Commercials locally inserted by a station's agent—safe harbor. With
   respect to commercials locally inserted, which for the purposes of this
   provision are commercial advertisements added to a programming stream for
   the television broadcast station by a third party after it has been received
   from the programmer but prior to or at the time of transmission to viewers,
   a station may demonstrate compliance with the ATSC A/85 RP by relying on the
   third party local inserter's certification of compliance with the ATSC A/85
   RP, provided that:

   (i) The television broadcast station has no reason to believe that the
   certification is false;

   (ii) The television broadcast station certifies that its own transmission
   equipment is not at fault for any pattern or trend of complaints; and

   (iii) The television broadcast station performs a spot check, as defined in
   § 73.682(e)(3)(iv)(A), (B), (D), and (E), on the programming at issue in
   response  to  an  enforcement inquiry concerning a pattern or trend of
   complaints regarding commercials inserted by that third party.

   (6)  Instead of demonstrating compliance pursuant to paragraphs (e)(2)
   through (5) of this section, a station may demonstrate compliance with
   paragraph (e)(1) of this section in response to an enforcement inquiry
   prompted  by  a pattern or trend of complaints by demonstrating actual
   compliance with ATSC A/85 RP with regard to the commercial advertisements
   that  are  the  subject  of  the  inquiry, and certifying that its own
   transmission equipment is not at fault for any such pattern or trend of
   complaints.

   Note to § 73.682: For additional information regarding this requirement, see
   Implementation of the Commercial Advertisement Loudness Mitigation (CALM)
   Act, FCC 11-182.

   (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154,
   155, 303))

   [ 28 FR 13660 , Dec. 14, 1963]

   Editorial Note: For Federal Register citations affecting § 73.682, see the
   List of CFR Sections Affected, which appears in the Finding Aids section of
   the printed volume and at www.fdsys.gov.

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