[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
