[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: 37CFR258.3] [Page 647-648] TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS CONGRESS PART 258_ADJUSTMENT OF ROYALTY FEE FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS--Table of Contents Sec. 258.3 Royalty fee for secondary transmission of analog signals of broadcast stations by satellite carriers. (a) Commencing May 1, 1992, the royalty rate for the secondary transmission of analog signals of broadcast stations for private home viewing by satellite carriers shall be as follows: (1) 17.5 cents per subscriber per month for superstations. (2) 14 cents per subscriber per month for superstations whose signals are syndex-proof, as defined in Sec. 258.2. (3) 6 cents per subscriber per month for network stations and noncommercial educational stations. (b) Commencing January 1, 1998, the royalty fee for secondary transmission of analog signals of broadcast stations for private home viewing by satellite carriers shall be as follows: (1) 27 cents per subscriber per month for distant superstations. (2) 27 cents per subscriber per month for distant network stations. (3) No royalty rate (zero) for a superstation secondarily transmitted within the station's local market, as defined in 17 U.S.C. 119(d)(11). (4) No royalty rate (zero) for a network station secondarily transmitted within the station's local market, as defined in 17 U.S.C. 119(d)(11), to subscribers residing in unserved households, as defined in 17 U.S.C. 119(d)(10). (c) Commencing July 1, 1999, the royalty rate for secondary transmission of analog signals of broadcast stations for private home viewing by satellite carriers shall be as follows: (1) 18.9 cents per subscriber per month for distant superstations. (2) 14.85 cents per subscriber per month for distant network stations. (3) 14.85 cents per subscriber per month for the Public Broadcasting Service satellite feed. (d) Commencing January 1, 2005, the royalty rate for secondary transmission of analog signals 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 analog signals 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 analog signals 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 analog signals of broadcast stations by satellite carriers shall be as follows: (1) For private home viewing-- (i) 24 cents per subscriber per month for distant superstations. (ii) 24 cents per subscriber per month for distant network stations. (2) For viewing in commercial establishments, 48 cents per subscriber per month for distant superstations. [[Page 648]] (h) Commencing January 1, 2009, the royalty rate for secondary transmission of analog signals 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. [62 FR 55759, Oct. 28, 1997, as amended at 64 FR 71660, Dec. 22, 1999; 70 FR 17320, Apr. 6, 2005; 70 FR 39179, July 7, 2005; 73 FR 14185, Mar. 17, 2008]