[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR258.2]

[Page 646-647]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 258_ADJUSTMENT OF ROYALTY FEE FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS--Table of Contents
 
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(a) 
if, during any

[[Page 647]]

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.

[70 FR 17320, Apr. 6, 2005, as amended at 70 FR 39179, July 7, 2005]