This is not true. There is a confusion between broadcasting and subsidiary services. Broadcasting includes any services that can be received using a standard radio without the need of any special arrangement or subscription while Subsidiary services are not receivable by the the general public and require a subscription to receive. Multicast streams on digital television fall under broadcasting. The argument can be the same for multicast digital radio. Since the stream can be received with a standard issue HD radio without some form of subscription or other access control, it s considered broadcasting and therefore would remain non-commercial per section 399B of the Communications Act.