"David Kaye" wrote in message
...
John Higdon wrote:

I'm wondering about something. SCA is not considered broadcasting, and
therefore SCA programming was not subject to the same FCC content rules as
main channel programming. Likewise XM and Sirius.

So, the question is, could some station put Pirate Cat on its HD channel
or
would the station be subject to FCC obscenity fines? Is it broadcasting
or
narrowcasting? When is HD broadcasting and Sirius not?

SCA is not only not broadcasting, it is a subscription service and reception
of SCA by unauthorized users is technically illegal.

With IBOC it is not the same. Anyone who buys an IBOC receiver is de facto
authorized to receive any signal broadcast by any IBOC equipped station. It
is, therefor, for the time being, a free radio service that anyone can
listen to, and so covered by FCC rules dealing with content. I'm not sure
how that would work for the ability of the stations to sell time to
freelancers (e.g. pirates). Someone would have to be responsible for paying
royalties, etc., as well.

Satellite is a different case. It's like SCA in some ways. In particular, it
is a subscription service that is not available to everyone for free, and is
therefor restricted access. This is why normal FCC content rules do not
apply.