[Federal Register: April 6, 2005 (Volume 70, Number 65)]
[Rules and Regulations]
[Page 17320-17321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap05-6]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 258
[Docket No. 2004-9 CARP SRA]
Rate Adjustment for the Satellite Carrier Compulsory License
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule.
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SUMMARY: The Copyright Office of the Library of Congress is publishing
the royalty rates for analog television broadcast stations
retransmitted by satellite carriers under the section 119 statutory
license.
DATES: January 1, 2005.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Tanya Sandros, Associate General Counsel, Copyright Arbitration Royalty
Panel (CARP), P.O. Box 70977, Southwest Station, Washington, DC 20024.
Telephone: (202) 707-8380. Telefax: (202) 252-3423.
SUPPLEMENTARY INFORMATION: On December 8, 2004, the President signed
the Satellite Home Viewer Extension and Reauthorization Act
(``SHVERA''), a part of the Consolidated Appropriations Act of 2005.
Pub.L. 108-447, 118 Stat. 3394. SHVERA extends for an additional five
years the statutory license for satellite carriers retransmitting over-
the-air television broadcast stations to their subscribers, 17 U.S.C.
119, as well as making a number of amendments to the license. One of
the amendments to section 119 sets forth a process for adjusting the
royalty fees paid by satellite carriers for retransmitting analog
television network and superstations. 17 U.S.C. 119(c)(1). The law
directs the Librarian of Congress to publish notice in the Federal
Register requesting satellite carriers, distributors and copyright
owners to submit to the Copyright Office any voluntary agreements they
have negotiated as to the adjustment of the rates for analog stations.
The Library published such a notice on December 30, 2004, and, pursuant
to the statute, requested that any agreements be submitted no later
than January 10, 2005. 69 FR 78482 (December 30, 2004).
The Office has received one agreement, submitted jointly by the
satellite carriers DirecTV, Inc. and EchoStar Satellite L.L.C., the
copyright owners of motion pictures and syndicated television series
represented by the Motion Picture Association of America, and the
copyright owners of sports programming represented by the Office of the
Commissioner of Baseball. Section 119(c)(1)(D)(ii)(II) requires the
Library to ``provide public notice of the royalty fees from the
voluntary agreement and afford parties an opportunity to state that
they object to those fees.'' 17 U.S.C. 119(c)(1)(D)(ii)(II). The
Library published a Notice of Proposed Rulemaking on January 26, 2005,
to fulfill this requirement. 70 FR 3656 (January 26, 2005). No
objections were received. Consequently, the Library is adopting the
voluntary agreement as final.
List of Subjects in 37 CFR Part 258
Copyright, Satellite, Television.
Final Regulation
0
For the reasons set forth above, the Copyright Office amends 37 CFR
chapter II as follows:
PART 258--ADJUSTMENT OF ROYALTY FEE FOR SECONDARY TRANSMISSIONS BY
SATELLITE CARRIERS
0
1. The authority citation for part 258 is amended to read as follows:
Authority: 17 U.S.C. 119, 702, 802.
0
2. Section 258.2 is revised to read as follows:
Sec. 258.2 Definitions.
(a) Commercial establishment. The term ``commercial establishment''
means an establishment used for commercial purposes, such as bars,
restaurants, private offices, fitness clubs, oil rigs, retail stores,
banks and financial institutions, supermarkets, auto and boat
dealerships, and other establishments with common business areas;
provided that the term ``commercial establishment'' shall not include a
multi-unit permanent or temporary dwelling where private home viewing
occurs, such as hotels, dormitories, hospitals, apartments,
condominiums and prisons, all of which shall be subject to the rates
applicable to private home viewing.
(b) Syndex-proof signal. A satellite retransmission of a broadcast
signal shall be deemed ``syndex proof'' for purposes of Sec. 258.3(b)
if, during any semi-annual reporting period, the retransmission does
not include any program which, if delivered by any cable system in the
United States, would be subject to the syndicated exclusivity rules of
the Federal Communications Commission.
(c) Per subscriber per month. The term ``per subscriber per month''
means each subscriber subscribing to the station in question, or to a
package including such station, on the last day of a given month.
0
3. Section 258.3 is amended by adding new paragraphs (d) through (h) to
read as follows:
Sec. 258.3 Royalty fee for secondary transmission of broadcast
stations by satellite carriers.
* * * * *
(d) Commencing January 1, 2005, the royalty rate for secondary
transmission of broadcast stations by satellite carriers shall be as
follows:
(1) For private home viewing-
(i) 20 cents per subscriber per month for distant superstations.
(ii) 17 cents per subscriber per month for distant network
stations.
(2) For viewing in commercial establishments, 40 cents per
subscriber per month for distant superstations.
(e) Commencing January 1, 2006, the royalty rate for secondary
transmission of broadcast stations by satellite carriers shall be as
follows:
(1) For private home viewing-
(i) 21.5 cents per subscriber per month for distant superstations.
(ii) 20 cents per subscriber per month for distant network
stations.
(2) For viewing in commercial establishments, 43 cents per
subscriber per month for distant superstations.
(f) Commencing January 1, 2007, the royalty rate for secondary
transmission of broadcast stations by satellite carriers shall be as
follows:
(1) For private home viewing-
(i) 23 cents per subscriber per month for distant superstations.
(ii) 23 cents per subscriber per month for distant network
stations.
(2) For viewing in commercial establishments, 46 cents per
subscriber per month for distant superstations.
(g) Commencing January 1, 2008, the royalty rate for secondary
transmission of broadcast stations by satellite carriers shall be as
follows:
(1) For private home viewing-
(i) The 2007 rate per subscriber per month for distant
superstations adjusted for the amount of inflation as measured by the
change in the Consumer Price Index for all Urban Consumers from January
2007 to January 2008.
(ii) The 2007 rate per subscriber per month for distant network
stations adjusted for the amount of inflation as measured by the change
in the Consumer Price Index for all Urban Consumers from January 2007
to January 2008.
(2) For viewing in commercial establishments, the 2007 rate per
subscriber per month for viewing distant superstations in commercial
establishments adjusted for the amount
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of inflation as measured by the change in the Consumer Price Index for
all Urban Consumers from January 2007 to January 2008.
(h) Commencing January 1, 2009, the royalty rate for secondary
transmission of broadcast stations by satellite carriers shall be as
follows:
(1) For private home viewing-
(i) The 2008 rate per subscriber per month for distant
superstations adjusted for the amount of inflation as measured by the
change in the Consumer Price Index for all Urban Consumers from January
2008 to January 2009.
(ii) The 2008 rate per subscriber per month for distant network
stations adjusted for the amount of inflation as measured by the change
in the Consumer Price Index for all Urban Consumers from January 2008
to January 2009.
(2) For viewing in commercial establishments, the 2008 rate per
subscriber per month for viewing distant superstations in commercial
establishments adjusted for the amount of inflation as measured by the
change in the Consumer Price Index for all Urban Consumers from January
2008 to January 2009.
Dated: March 25, 2005
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 05-6840 Filed 4-5-05; 8:45 am]
BILLING CODE 1410-33-S