Chuck said:
Actually, I wanted to use FMeXtra to feed a translator, but Bradshaw said, "It is an SCA service, not intended for public broadcast, so therefore you can't do it." On the other-hand, it is fine use a HD-2 signal for the same purpose. Go figure.
And therein lies the distinction (at least in the eyes of Bradshaw and his colleagues at the Commission): "subscription" is something of a red herring here. 1980s-era dereg or not, there's still a difference in the Media Bureau's eyes between "intended for public broadcast" and "not intended for public broadcast."
SCA is and has always been in the latter category. As a result, SCA operations are exempt from many of the rules that govern broadcast services. The FCC doesn't regulate SCA content, and there's no requirement for legal IDs or public service programming or EAS participation. Noncommercial stations can (and often did) sell SCA space to commercial services, albeit with the requirement after 1982 that they make one subcarrier available to a reading service at no more than a nominal charge.
As I understand it, FMeXtra ended up lumped in with analog SCA because of that 1980s-era deregulation. Until about 1983, the FCC required that stations request and receive Commission authorization for each SCA service they provided. Since dereg, stations don't have to be specifically licensed for SCA, and can do pretty much anything they want with the spectrum above +/- 53 kHz, so long as it remains within certain modulation limits and doesn't go beyond +/- 99 kHz from the carrier. When the FCC deregulated the technical specifics of SCA use in 1983, they may not have been anticipating the use of digital modulation - but FMeXtra otherwise fit within the rules and was thus allowed to be used in the same fashion as any other analog SCA service. In this case, that means all of the "not intended for public broadcast" rules (and privileges) applied to FMeXtra just as they did to analog SCA - and which is why neither analog SCA services nor FMeXtra can legally be rebroadcast on an analog translator, which
is considered to be a public broadcast service.
HD was, of course, a different beast from the beginning. It was explicitly intended as a broadcast service (and couldn't have been otherwise initially, when there was only an HD-1 on FM). When HD-2/3/4 came along later, once they were authorized for non-experimental use, they were authorized as broadcast services and were subjected to all the same content requirements as HD-1. At least in theory, if not always in practice, HD-2/3/4 services must include legal IDs and EAS and could generate FCC fines for obscene content and for commercial content on a noncommercial license.
(The exception appears to be "conditional access" HD subchannels, which are exempt from those requirements but are also considered "not intended for public broadcast.")
I don't know if anyone has asked Jim Bradshaw yet whether a conditional access HD-x could be rebroadcast over an analog FM translator, but I strongly suspect the answer would be the same as for an analog SCA or FMeXtra service.
To the extent that the FCC itself can be deemed a reliable source for information about the FCC, all the relevant rulemakings and historical documents are collected here:
http://www.fcc.gov/encyclopedia/bro...rs-or-subsidiary-communications-authority-sca
If they're trying to erase the past, they're doing a spectacularly bad job of it.
For what it's worth, I knew Dr. Elving for more than a quarter of a century, corresponded with him frequently, hosted him at a WTFDA convention here in western New York, and even had the pleasure of visiting with him and his wife, Carol, at their Minnesota home and workshop. (Courtesy of Carol, the very last box of the very last FM Atlas edition is sitting about 15 feet away from me right now, and when the last of those have been sold here and by the NRC, which got the second-to-last-box, there are no more.)
Bruce was always very careful about the legality of the SCA-modified receivers he sold. As I understood it, he successfully skirted the FCC's prohibition on tunable SCA receivers by marketing his products as hobby kits. That allowed him to avoid the equipment-authorization requirement (47 CFR 2.803) that would otherwise have outlawed his units. It didn't hurt, either, that Bruce had made many friends at the Commission over many years of correspondence. As long as he kept his operation small and didn't widely advertise outside hobby circles, the FCC seemed to be happy to leave him alone. Had he marketed more aggressively or tried to manufacture or import compete receivers of his own design, things might have gone differently.