Sec. 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 Sec. 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 Secs. 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]