Sec.  73.646   Telecommunications Service on the Vertical Blanking Interval and in
the Visual Signal.

   (a) Telecommunications services permitted on the vertical blanking interval
   (VBI) and in the visual signal include the transmission of data, processed
   information, or any other communication in either a digital or analog mode.

   (b) Telecommunications service on the VBI and in the visual signal is of an
   ancillary nature and as such is an elective, subsidiary activity. No service
   guidelines, limitations, or performance standards are applied to it. The
   kinds of service that may be provided include, but are not limited to,
   teletext, paging, computer software and bulk data distribution, and aural
   messages. Such services may be provided on a broadcast, point-to-point, or
   point to multipoint basis.

   (c)  Telecommunications services that are common carrier in nature are
   subject to common carrier regulation. Licensees operating such services are
   required to apply to the Commission for the appropriate authorization and to
   comply with all policies and rules applicable to the particular service.

   (d) Television licensees are authorized to lease their VBI and visual signal
   telecommunications  facilities to outside parties. In all arrangements
   entered into with outside parties affecting telecommunications service
   operation, 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. The
   licensee or permittee is also responsible for all aspects of technical
   operation involving such telecommunications services.

   (e) The grant or renewal of a TV station license or permit will not be
   furthered  or  promoted  by  proposed  or  past  VBI  or visual signal
   telecommunications service operation; the licensee must establish that its
   broadcast  operation serves the public interest wholly apart from such
   telecommunications service activities. (Violation of rules applicable to VBI
   and visual signal telecommunications services could, of course, reflect on a
   licensee's qualifications to hold its license or permit.)

   (f)  TV  broadcast  stations are authorized to transmit VBI and visual
   telecommunications  service  signals during any time period, including
   portions  of  the  day  when normal programming is not broadcast. Such
   transmissions  must  be in accordance with the technical provisions of
    Sec. 73.682.

   [ 50 FR 4663 , Feb. 1, 1985, as amended at  50 FR 9035 , Mar. 6, 1985;  61 FR 36304 , July 10, 1996]