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

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]

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