§  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
   § 73.682.

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