§  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 § § 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 § 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]