[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: 37CFR258.4]

[Page 648-649]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 258_ADJUSTMENT OF ROYALTY FEE FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS--Table of Contents
 
Sec. 258.4  Royalty fee for secondary transmission of digital signals of broadcast stations by satellite carriers.

    (a) Commencing January 1, 2005, the royalty rate for secondary 
transmission of digital 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.
    (b) Commencing January 1, 2006, the royalty rate for secondary 
transmission of digital 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.
    (c) Commencing January 1, 2007, the royalty rate for secondary 
transmission of digital 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.
    (d) Commencing January 1, 2008, the royalty rate for secondary 
transmission of digital 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.
    (e) Commencing January 1, 2009, the royalty rate for secondary 
transmission of digital 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

[[Page 649]]

measured by the change in the Consumer Price Index for all Urban 
Consumers from January 2008 to January 2009.
    (f) For purposes of calculating the royalty rates for secondary 
transmission of digital signals of broadcast stations by satellite 
carriers-
    (1) In the case of digital multicasting, the rates in paragraphs (a) 
through (e) of this section apply to each digital stream that a 
satellite carrier or distributor retransmits pursuant to section 119; 
provided, however that no additional royalty shall be paid for the 
carriage of any material related to the programming on such stream; and
    (2) Satellite carriers and distributors are not required to pay a 
section 119 royalty for the retransmission of a digital signal to a 
subscriber who resides in a community where that signal is 
``significantly viewed,'' within the meaning of 17 U.S.C. 119(a)(3) and 
(b)(1), as amended.

[70 FR 39179, July 7, 2005, as amended at 73 FR 14185, Mar. 17, 2008]