Sec.  73.127   Use of multiplex transmission.

   The licensee of an AM broadcast station may use its AM carrier to transmit
   signals not audible on ordinary consumer receivers, for both broadcast and
   non-broadcast purposes subject to the following requirements:

   (a) Such use does not disrupt or degrade the station's own programs or the
   programs of other broadcast stations.

   (b) AM carrier 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 AM station licensee. Initial determinations by licensees are
   subject to FCC examination and may be reviewed at the FCC's discretion. AM
   carrier  services  that  are private carrier in nature must notify the
   Licensing Division of the Private Radio Bureau at Gettysburg, Pennsylvania
   17325, by letter, prior to initiating service certifying compliance with 47
   CFR parts 90 and 94.

   (c) AM carrier services are of a secondary nature under the authority of the
   AM 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 AM station permit or
   license  is not furthered or promoted by proposed or past service. 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 leased communications services transmitted via services
   that are not of a general broadcast program 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.

   (f) Installation of the multiplex transmitting equipment must conform with
   the requirements of  Sec. 73.1690(e).

   [ 47 FR 25345 , June 11, 1982, as amended at  49 FR 34015 , Aug. 28, 1984;  51 FR 41629 , Nov. 18, 1986;  51 FR 44478 , Dec. 10, 1986]