Sec.  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  Sec. 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  Sec.  Sec. 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]