Radio Data System (RDS) permits the transmission of short alphanumeric visual messages that will display on a consumer's FM radio receiver. LPFM and full-service NCE stations are permitted to use this technology on a noncommercial basis.
Applicable rules
RDS operation is permitted for LPFM and NCE stations, pursuant to language in §73.593, which for LPFM, is cross-referenced in §73.801 as being applicable to LPFM stations. Within §73.593, the rule references §73.293, which permits the use of FM multiplex subcarriers and then refers to §73.319. §73.319 contains the technical standards for multiplex subcarriers, including paragraph (b) which states that any form of modulation can be used for subcarrier operation.
RDS is not the same as "subsidiary communications authority" (SCA)
Subsidiary Communications Authority (SCA), which is referenced in §73.593, which refers to §73.295 allows for broadcast stations (including LPFM) to be able to use their subcarrier capacity for the carriage of specialty services such as functional music, specialized foreign language programming, reading services for the blind, station cueing (IFB), data transmissions and other purposes. Material transmitted through SCA are intended for specific end-users who have been specifically authorized by the station to receive those services through unique single frequency SCA receivers. There is language in the US Criminal Code regarding the unauthorized sale and distribution of SCA receivers. While SCA is frequently referred to as "subcarriers", the use of an FM subcarrier to transmit RDS is not the same as SCA. SCA is a "non-broadcast" service, not intended for public consumption, but instead for those who are authorized to use the audio or data service.
SCA (closed circuit for dedicated subscriber use using special fixed-channel receivers provided by the station) transmissions are different than RDS (which is intended for the public using publicly available fixed and agile channel receivers) transmissions. In SCA, remunerative services (commercial service offerings) are permitted as long as they are not "detrimental to the provision of existing or potential radio reading services for the blind or otherwise inconsistent with its public broadcasting responsibilities." (§73.593)
Noncommercial nature
Since RDS is intended for general public reception and the distribution of receivers for this technology are not controlled by the US Criminal Code like they are for SCA, it is considered a "broadcast service". Likewise, hybrid digital HD Radio, which also uses subcarriers on the FM signal are also considered broadcast services.
Therefore, RDS and HD, both being considered broadcast services, are subject to the noncommercial nature of educational broadcasting. As such, it would not be appropriate to use the RDS data stream to transmit material that would otherwise be prohibited in a spoken underwriting announcement as described in the REC Compliance Guide. Due to the text limitations in RDS, it may be only appropriate to limit the text during an underwriting acknowledgement to the business' telephone number (or name and number). This also includes any image data that is carried over the FM subcarrier to the FM receiver. (See the section on HD Radio Artist Experience below where we discuss information carried in image form.)
RDS for underwriting acknowledgement during programming
Questions have been raised regarding whether NCE/LPFM stations can transmit underwriting acknowledgements that identify but do not promote during periods other than in station breaks when underwriting announcements are playing.
Long running FCC policy on the nature of noncommercial broadcasting has always stated that underwriting acknowledgements are restricted to "station breaks" and cannot interrupt programming.
While the transmission of RDS data does not "interrupt" the audio programming, some may consider the use of RDS for the purpose of identifying underwriters during programming content to "interrupt" the transmission of data that is commonly associated with RDS during audio program content such as program or song titles, station identification and permitted promotion for the station itself (station slogans, etc.). In addition, for audio underwriting acknowledgements, some attorneys outside of REC had considered that the repeating of information during an underwriting acknowledgement to be troublesome. If we apply this principle to RDS, a text message that appears on the display during program content may be seen as an attempt to "repeat" underwriting identification information. REC is currently not aware of any FCC enforcement actions taken against a NCE/LPFM station regarding the transmission of RDS data following these theories, nor are we aware of any FCC guidance that either specifically permits or prohibits it. For that reason, we recommend that NCE/LPFM stations, especially those with limited financial resources for attorneys or the payment of forfeitures to not engage in the activities described in this paragraph.
RadioDNS and DTS AutoStage
RadioDNS and DTS AutoStage are third party "hybrid" methods of carrying additional station data including extended station information, program schedule data, album covers and promotional messages to compatible receivers. In order to use RadioDNS and DTS AutoStage, the FM receiver must be also "connected" to the internet as the data is transmitted over the internet. RadioDNS and DTS AutoStage depend on a data element that is carried on the RDS data stream that identifies the station (the PI Code) and then makes a call out to the internet to obtain station data for display on a RadioDNS or DTS AutoStage capable receiver.
It is REC's position that the data that it sent to a radio receiver over the internet to the radio receiver as opposed to being transmitted over the FM subcarrier is not subject to FCC jurisdiction and therefore, for NCE/LPFM stations could carry promotional information similar to information displayed on a station website or mobile app.
HD Radio Artist Experience
For stations equipped with HD Radio, Artist Experience allows for the transmission of images to the HD receiver and is intended for album covers, promotional messages, etc. Unlike RadioDNS and DTS AutoStage, Artist Experience is transmitted over the FM station's HD data stream and therefore is considered a broadcast service. For NCE/LPFM stations, the images referring to underwriters must meet the underwriting guidelines, including those that are commonly associated with television. For example, the FCC enhanced underwriting guidelines do permit an image of the product as well as the company's logo as long as those elements only identify and do not promote.
Distracted driving
While there are no specific FCC regulations regarding RDS and distracted driving and that most RDS usage is on radio receivers inside of automobiles, we strongly suggest that stations practice utmost discretion in the material that is transmitted on their RDS data stream for the sake of public safety. While RDS is good for a brief glance to see what song is currently playing, it may be unwise to use the data stream to present material that may cause the driver to frequently view their dashboard radio to read ever-changing messages, especially in cases where radio receivers may be designed to only display a fixed number of characters at one time and uses scrolling or changing displays to display entire messages. It would not be good "PR" for your station or for the medium of radio in general if the cause of a major injury collision is attributed to a driver being distracted by their RDS display on their car radio.
