[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Rules and Regulations]
[Pages 36302-36305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17562]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR PART 73

[MM Docket No. 95-42; FCC 96-274]


Digital Data Transmission Within the Video Portion of TV 
Broadcast Station Transmissions

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Order amends the Commission's Rules to allow broadcast 
television licensees to use approved methods of ancillary data 
transmission without prior Commission authorization. The methods 
approved in this Report and Order are two ``overscan'' systems, as 
proposed by Yes! Entertainment Corporation and A.C. Nielsen Company, 
and two ``sub-video'' systems, as proposed by Digideck, Incorporated 
and WavePhore, Inc. The intended effect of this rule is to permit the 
transmission of data streams in the NTSC television signal for a 
variety of uses, such as software and business data downloading, 
activation of interactive toys, and program identifying and tracking.

EFFECTIVE DATE: July 10, 1996.

FOR FURTHER INFORMATION CONTACT:
Jim McNally, Gordon Godfrey, or Paul Gordon, Mass Media Bureau, Policy 
and Rules Division, (202) 418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, FCC 96-274, adopted June 21, 1996 and released June 28, 
1996. The full text of this Commission decision is available for 
inspection and copying during normal business hours in the FCC Dockets 
Branch (Room 239), 1919 M Street, N.W., Washington, D.C. The complete 
text of this decision may also be purchased from the Commission's copy 
contractor, International Transcription Services, (202) 857-3800, 2100 
M Street, N.W., Suite 140, Washington, DC 20037.

Synopsis of Order

    1. This Report and Order amends the Commission's Rules to allow 
broadcast television licensees to use approved methods of ancillary 
data transmission without prior Commission authorization. Examination 
of this issue was raised in the Notice of Proposed Rule Making in this 
proceeding.1 Two of the newly approved types of systems involve 
``overscan'' methods, and the other two use a ``sub-video'' method. 
These methods, as well as a ``signal substitution'' method proposed by 
En Technology Corporation (En), will be further described below. We do 
not have a basis for imposing a government-imposed standard for digital 
data at this time.
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    \1\  60 FR 24606, May 9, 1995.
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Background

    2. 47 CFR 73.646 allows the transmission, without prior Commission 
consent, of ancillary telecommunications services within the Vertical 
Blanking Interval (VBI) (Line 1 through Line 21) of television 
broadcast signals. The VBI precedes the active video portion of the 
standard NTSC television signal. In contrast, data transmission systems 
operating within the active video portion of the television picture 
have been authorized only on a case-by-case basis, in order to protect 
the public's ability to receive high-quality over-the-air video 
broadcast transmissions. Various parties have now asked the Commission 
to permit broadcasters to employ new data transmission systems 
utilizing the active video portion of the television picture.
    3. Overscan. Ancillary data transmitting systems using the 
``overscan'' method function by replacing the transmitted video signal 
with digitally encoded information in an area on the perimeter of the 
picture, not normally seen by viewers because it is masked off by the 
television cabinet. Line 22, the first line of active video, has 
traditionally been used for this purpose and Yes! proposes to use the 
extreme left edge of the picture

[[Page 36303]]

similarly. Nielsen has been using line 22 since 1989, under temporary, 
conditional authority, to transmit the Nielsen Automated Measurement of 
Lineup (AMOL) system signal identification codes, and is seeking 
permanent authority for this use.
    4. Sub-video. Sub-video systems distribute the ancillary signals 
throughout the visible picture. The amplitudes of these signals are 
kept sufficiently low (or are confined to such a limited part of the 
normally emitted video spectrum bandwidth) that they are supposed to be 
imperceptible to the viewer. WavePhore and Digideck have developed 
different sub-video systems. Both systems continue to be examined by 
the National Data Broadcasting Committee (the Committee), an entity 
formed in 1993 by the National Association of Broadcasters and the 
Consumer Electronics Group of the Electronic Industries Association.

Authorizing Ancillary Services

    5. The Commission approves the use of the Yes!, Nielsen, Digideck 
and WavePhore signal transmission systems, as presented in this 
proceeding, by all television broadcast stations, including low power 
TV stations. It retains the authority to direct licensees to take 
corrective action should the ancillary transmissions unacceptably harm 
picture quality or cause interference to other stations. According to 
the Commission, this action is not inconsistent with others' ongoing 
efforts to develop a coherent national standard recommendation for 
certain data services.

Authorization of Specific Systems

    6. The problem-free operation of previous overscan systems verifies 
the inherently innocuous nature of their use and prompts the Commission 
to approve the use of the Yes! system and to grant permanent authority 
to Nielsen for its AMOL system to be used on line 22 on a non-exclusive 
basis. Further, the Commission does not set a technical standard or 
sharing criteria for Line 22 overscan systems, as had been requested by 
Airtrax in a related petition.
    7. The Commission found that sub-video systems, apparently also can 
operate as proposed without causing material picture degradation or 
increasing the host station's potential for causing interference. 
Approval of the use of these systems is based on the favorable results 
of the National Data Broadcasting Committee's laboratory testing and on 
the Commission reliance that broadcasters will continue to exercise 
full technical control over their signals and will be responsible for 
operating in a manner that does not increase their stations' potential 
for causing interference or degrade picture quality.
    8. The Commission decided not to delay the deployment of these 
systems in order to set a mandatory standard or standards, given that 
they will be directed, at least initially, either to subscribers of a 
particular service or to viewers who have purchased special equipment 
to receive the signals. Should more general-consumer oriented services 
be developed in the future, it can reexamine the issue of standards in 
that context.
    9. Data insertion systems must protect the integrity of closed 
captioning signals on line 21. Any data insertion must be accomplished 
in a manner that leaves the licensee with the capability to modify, 
reduce, or eliminate the data insertion if necessary to terminate any 
interference caused, or to restore the quality of a degraded picture.

Licensees' Rights and Obligations

    10. Ancillary signals may be analog or digital, and they can be 
used to provide broadcast, point-to-point, or point-to-multipoint 
services. Services that are common carrier in nature are subject to 
common carrier regulation. Licensees that desire to operate in a common 
carrier mode must apply to the Commission for the appropriate 
authorization and comply with all policies and rules applicable to the 
particular service. Each licensee must retain ultimate control over the 
content of any inserted data and retain the ability to remove ancillary 
information from the signal when it deems necessary, unless the 
ancillary services are common carrier in nature.
    11. Signals that are intended for an audience needing special 
equipment or who must subscribe to the service do not constitute 
``broadcasting.'' For example, the rule addressing the lowest unit 
charge for political candidates does not apply to these transmissions. 
At the same time, however, if significant public interest uses of this 
ancillary transmission technology suggest themselves, the Commission 
may consider means by which to advance or ensure such usage of the 
broadcast spectrum.

Miscellaneous Issues

    12. Comsat expressed concern about sub-video data insertion causing 
problems where analog video is converted to digital video for program 
distribution, which may also be a concern for possible future consumer 
digital VCRs. Because industry participants have sufficient interest 
and the greatest expertise to resolve these issues, the Commission does 
not see a specific role for it to play at this point.
    13. A proposal by Radio Telecom and Technology, Inc. to include its 
``reverse VBI'' technology in this proceeding is beyond the proper 
scope of this proceeding and is not included in the instant 
consideration.
    14. One commenting party, En Technology, submitted information 
regarding its ``Malachi'' system. The Malachi system would typically 
replace many lines, or portions of lines, and thus be quite perceptible 
to the viewer. Such a system raises additional issues regarding 
spectrum allocation and use that have not been addressed in this 
proceeding, and it would appear to go beyond the scope of the 
operational flexibility proposed in the NPRM. Accordingly, the 
Commission does not authorize use of the En system in this Report and 
Order.

Ordering Clause

    15. Therefore, it is ordered that, pursuant to Sections 4(i) and 
303(r) of the Communications Act of 1934, as amended, that Part 73 of 
the Commission' Rules and Regulations IS AMENDED as set forth below.
    16. It is further ordere that the requests of A.C. Nielsen Company 
and Yes! Entertainment Corporation for the Commission to allow 
television broadcast licensees to use their respective overscan 
ancillary data transmission systems without prior Commission 
authorization ARE GRANTED to the extent indicated above, and in all 
other aspects ARE DENIED.
    17. It is further ordered that the requests of WavePhore, Inc. and 
Digideck, Inc. for the Commission to allow television broadcast 
licensees to use their respective sub-video ancillary data transmission 
systems without prior Commission authorization ARE GRANTED to the 
extent indicated above, and in all other aspects ARE DENIED.
    18. It is further ordered that the petition for Rule Making filed 
by Airtrax is dismissed.

Final Regulatory Flexibility Act Analysis

I. Reason for Action

    In recent years, several new methods of embedding data within 
television video signals have been developed. These methods degrade 
television video by varying degrees, but only one of the methods is by 
design intended to be perceived by viewers. The Commission is acting to 
provide for such services

[[Page 36304]]

that do not significantly degrade the television picture because it 
believes its broadcast licensees have the qualifications and experience 
to determine which of the new systems are maximally compatible with 
their primary broadcast obligations and may yet be used to provide 
additional information services to segments of the public.

II. Objectives

    The action taken herein provides an interim standard for the use of 
the above-described data transmission technologies and is intended to 
benefit broadcasters and the generally small entities which are 
believed to be the most likely providers of ancillary data services.

III. Legal Basis

    The action taken is authorized by Sections 4 (i) and (j), 302, 303 
and 403 of the Communications Act of 1934, as amended.

IV. Description, Potential Impact and Number of Small Entities Affected

    Many broadcasters are considered to be small business entities. 
Thus, several thousand licensees of television broadcast facilities of 
all types (commercial and educational VHF and UHF stations, 
translators, boosters and Low Power TV stations) could benefit from the 
rule amendments herein adopted. Most providers of the data services 
envisioned herein are also expected to fall within the classification 
of a ``small business entity,'' at least initially. Their number is 
unknown, but may amount to several hundred over the next few years.

V. Recording, Record Keeping and Other Compliance Requirements

    No comments specifically addressed the Initial Regulatory 
Flexibility Analysis. No new record-keeping or compliance requirements 
are imposed by the new rules.

VI. Federal Rules which Overlap, Duplicate or Conflict With this Rule

    None.

VII. Any Significant Alternative Minimizing Impact on Small Entities 
and Consistent With the Stated Objectives

    None.

List of Subjects in 47 CFR Part 73

    Television broadcasting.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    Title 47 of the Code of Federal Regulations Part 73 is amended as 
follows:

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334.

    2. Section 73.621 is amended by revising paragraph (f) to read as 
follows:


Sec. 73.621  Noncommercial educational TV stations.

* * * * *
    (f) Telecommunications Service on the Vertical Blanking Interval 
and in the Visual Signal. The provisions governing VBI and visual 
signal telecommunications service in Sec. 73.646 are applicable to 
noncommercial educational TV stations.
* * * * *
    3. Section 73.646 is amended by revising the section heading and 
paragraphs (a), (b), (d), (e) and (f) to read as follows:


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.
* * * * *
    (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.
    4. Section 73.682 is amended by adding paragraph (a)(24) to read as 
follows:


Sec. 73.682  TV transmission standards.

    (a) * * *
    (24) Licensees and permittees of TV broadcast and low power TV 
stations may insert non-video data into the active video portion of 
their TV transmission, subject to certain conditions:
    (i) The active video portion of the visual signal begins with line 
22 and continues through the end of each field, except it does not 
include that portion of each line devoted to horizontal blanking. 
Figures 6 and 7 of Sec. 73.699 identify the numbered line referred to 
in this paragraph;
    (ii) Inserted non-video data may be used for the purpose of 
transmitting a telecommunications service in accordance with 
Sec. 73.646. In addition to a telecommunications service, non-video 
data can be used to enhance the station's broadcast program service or 
for purposes related to station operations. Signals relating to the 
operation of TV stations include, but are not limited to program or 
source identification, relay of broadcast materials to other stations, 
remote cueing and order messages, and control and telemetry signals for 
the transmitting system; and
    (iii) A station may only use systems for inserting non-video 
information that have been approved in advance by the Commission. The 
criteria for advance approval of systems are as follows:

[[Page 36305]]

    (A) The use of such signals shall not result in significant 
degradation to any portion of the visual, aural, or program-related 
data (closed captioning) signals of the television broadcast station;
    (B) No increase in width of the television broadcast channel (6 
MHz) is permitted. Emissions outside the authorized television channel 
must not exceed the limitations given in Sec. 73.687(e). Interference 
to reception of television service either of co-channel or adjacent 
channel stations must not increase over that resulting from the 
transmission of programming without inserted data; and
    (C) Where required, system receiving or decoding devices must meet 
the TV interface device provisions of Part 15, Subpart H of this 
chapter.
    (iv) No protection from interference of any kind will be afforded 
to reception of inserted non-video data.
    (v) Upon request by an authorized representative of the Commission, 
the licensee of a TV station transmitting encoded programming must make 
available a receiving decoder to the Commission to carry out its 
regulatory responsibilities.
* * * * *
    5. Section 73.1207 is amended by revising paragraph (b)(2) to read 
as follows:


Sec. 73.1207  Rebroadcasts.

* * * * *
    (b) * * *
    (2) Permission must be obtained from the originating station to 
rebroadcast any subsidiary communications transmitted by means of a 
multiplex subcarrier or telecommunications service on the vertical 
blanking interval or in the visual signal of a television signal.
* * * * *
    6. Section 73.3613 is amended by revising paragraph (e) to read as 
follows:


Sec. 73.3613  Filing of contracts.

* * * * *
    (e) The following contracts, agreements or understandings need not 
be filed but shall be kept at the station and made available for 
inspection upon request by the FCC: contracts relating to the sale of 
television broadcast time to ``time brokers'' for resale; subchannel 
leasing agreements for Subsidiary Communications Authorization 
operation; franchise/leasing agreements for operation of 
telecommunications services on the TV vertical blanking interval and in 
the visual signal; time sales contracts with the same sponsor for 4 or 
more hours per day, except where the length of the events (such as 
athletic contests, musical programs and special events) broadcast 
pursuant to the contract is not under control of the station; and 
contracts with chief operators.

[FR Doc. 96-17562 Filed 7-9-96; 8:45 am]
BILLING CODE 6712-01-P