Rate Adjustment for the Satellite Carrier Compulsory License, 28231-28233 [05-9804]
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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Proposed Rules
and consolidations and their
shareholders under sections 358,
368(a)(1)(A), 367 and 884 of the Internal
Revenue Code.
DATES: The public hearing originally
scheduled for Thursday, May 19, 2005,
at 10 a.m., is cancelled.
FOR FURTHER INFORMATION CONTACT:
Treena Garrett of the Publications and
Regulations Branch, Associate Chief
Counsel (Procedures and
Administration) (202) 622–7180 (not a
toll-free number).
SUPPLEMENTARY INFORMATION: The
notices of proposed rulemaking and
notices of public hearing that appeared
in the Federal Register on Wednesday,
January 5, 2005 (70 FR 746 and 70 FR
749), announced that a public hearing
was scheduled for Thursday, May 19,
2005, at 10 a.m. in the IRS Auditorium,
Internal Revenue Service Building, 1111
Constitution Avenue, NW., Washington,
DC. The subject of the public hearing is
proposed regulations under sections
358, 368(a)(1)(A), 367, and 884 of the
Internal Revenue Code. The public
comment period for these proposed
regulations expired on Thursday, April
28, 2005. Outlines of oral comments
were due on Thursday, April 28, 2005.
The notice of proposed rulemaking
and notice of public hearing instructed
those interested in testifying at the
public hearing to submit outlines of the
topics to be addressed. As of Friday,
May 6, 2005, no one has requested to
speak. Therefore, the public hearing
scheduled for Thursday, May 19, 2005,
is cancelled.
Cynthia E. Grigsby,
Acting Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel (Procedure and
Administration).
[FR Doc. 05–9612 Filed 5–16–05; 8:45 am]
BILLING CODE 4830–01–P
reference to temporary regulations that
was published in the Federal Register
on Thursday, April 14, 2005 (70 FR
19721). The document contains
temporary regulations providing
guidance under section 3402(f) of the
Internal Revenue Code (Code) for
employers and employees relating to the
Form W–4, ‘‘Employee’s Withholding
Allowance Certificate.’’
FOR FURTHER INFORMATION CONTACT:
Margaret A. Owens, (202) 622–0047 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The notice of proposed rulemaking by
cross-reference to temporary regulations
(REG–162813–04), that is the subject of
this correction is under section 3402 of
the Internal Revenue Code.
Need for Correction
As published, the notice of proposed
rulemaking by cross-reference to
temporary regulations (REG–162813–04)
contains an error that may prove to be
misleading and is in need of
clarification.
Correction of Publication
Accordingly, the notice of proposed
rulemaking by cross-reference to
temporary regulations (REG–162813–04)
that was the subject of FR Doc. 05–6719,
is corrected as follows:
On page 19722, column 2, under the
amendatory instructional ‘‘Paragraph
1.’’, Line 2, the language ‘‘for part 1
continues to read, in part, as’’ is
corrected to read, ‘‘for part 31 continues
to read, in part, as’’.
Cynthia Grigsby,
Acting Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel (Procedures and
Administration).
[FR Doc. 05–9611 Filed 5–16–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
LIBRARY OF CONGRESS
26 CFR Part 31
Copyright Office
[REG–162813–04]
37 CFR Part 258
RIN 1545–BE20
[Docket No. 2005–4 CARP SRA–Digital]
Withholding Exemptions: Correction
Rate Adjustment for the Satellite
Carrier Compulsory License
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to Notice of proposed
rulemaking by cross-reference to
temporary regulations.
AGENCY:
This document corrects a
notice of proposed rulemaking by crossSUMMARY:
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Copyright Office, Library of
Congress.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Copyright Office of the
Library of Congress is submitting for
public comment a proposed settlement
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28231
of royalty rates for the retransmission of
digital over–the–air television broadcast
signals by satellite carriers under the
statutory license.
DATES: Comments and Notices of Intent
to Participate must be submitted no later
than June 16, 2005.
ADDRESSES: If hand delivered by a
private party, an original and five copies
of a comment and a Notice of Intent to
Participate should be brought to Room
LM–401 of the James Madison Memorial
Building between 8:30 a.m. and 5 p.m.
and the envelope should be addressed
as follows: Office of the General
Counsel/CARP, U.S. Copyright Office,
James Madison Memorial Building,
Room LM–401, 101 Independence
Avenue, S.E., Washington, DC 20559–
6000. If delivered by a commercial
courier, an original and five copies of a
comment and a Notice of Intent to
Participate must be delivered to the
Congressional Courier Acceptance Site
located at 2nd and D Streets, N.E.,
between 8:30 a.m. and 4 p.m. The
envelope should be addressed as
follows: Office of the General Counsel/
CARP, Room LM–403, James Madison
Memorial Building, 101 Independence
Avenue, S.E., Washington, DC. If sent by
mail (including overnight delivery using
U.S. Postal Service Express Mail), an
original and five copies of a comment
and a Notice of Intent to Participate
should be addressed to: Copyright
Arbitration Royalty Panel (CARP), P.O.
Box 70977, Southwest Station,
Washington, DC 20024. Comments and
Notices of Intent to Participate may not
be delivered by means of overnight
delivery services such as Federal
Express, United Parcel Service, etc., due
to delays in processing receipt of such
deliveries.
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. 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 the first time, for
adjusting the royalty fees paid by
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28232
Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Proposed Rules
satellite carriers for the retransmission
of digital broadcast signals. 17 U.S.C.
119(c)(2). The law set the initial rates as
the rates set by the Librarian in 1997 for
the retransmission of analog broadcast
signals, 37 CFR 258.3(b)(1)&(2), reduced
by 22.5 percent. 17 U.S.C. 119(c)(2)(A).
These rates are to be adjusted in
accordance with the procedures set
forth in section 119(c)(1) of the
Copyright Act.
On March 8, 2005, the Copyright
Office received a letter from EchoStar
Satellite L.L.C., DirecTV, Inc., Program
Suppliers, and the Joint Sports
Claimants requesting that the Office
begin the process of setting the rates for
the retransmission of digital broadcast
signals by initiating a voluntary
negotiation period so that rates for both
digital and analog signals ‘‘will be in
place before the July 31, 2005 deadline
for satellite carriers to pay royalties for
the first accounting period of 2005.’’
Letter at 2. The Office granted the
request and, pursuant to section
119(c)(1), published in the Federal
Register a notice initiating a voluntary
negotiation period during which parties
could negotiate in an effort to reach a
voluntary agreement regarding the rates.
See 70 FR 15368 (March 25, 2005).
In accordance with the March 25
notice, the Office has received one
agreement, submitted jointly by the
satellite carriers EchoStar Satellite
L.L.C. and DirecTV, Inc., 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.
The agreement proposes rates for the
private home viewing of distant
superstations and distant network
stations for the 2005–2009 period, as
well as the viewing of those signals in
commercial establishments. The
agreement specifies that distant
superstations and network stations that
are significantly viewed do not require
a royalty payment, which is consistent
with 17 U.S.C. 119(a)(3), as amended. In
addition, the agreement proposes that,
in the case of multicasting of digital
superstations and network stations, each
digital stream that is retransmitted by a
satellite carrier must be paid for at the
prescribed rate but no royalty payment
is due for any program–related material
contained on the stream within the
meaning of WGN v. United Video, Inc.,
693 F.2d 622, 626 (7th Cir. 1982) and
Second Report and Order and First
Order On Reconsideration in CS Doc.
No. 98–120, FCC 05–27 at ¶ 44 & n.158
(Feb. 23, 2005).
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The statute 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). This Notice of
Proposed Rulemaking (‘‘NPRM’’) fulfills
the requirement.
The law further provides that the
Librarian shall adopt the rates contained
in the voluntary agreement as applicable
to all satellite carriers, distributors and
copyright owners ‘‘unless a party with
an intent to participate’’ in a royalty rate
adjustment proceeding before a
Copyright Arbitration Royalty Panel
(‘‘CARP’’) and a ‘‘significant interest in
the outcome’’ of the CARP proceeding
files an objection. Consequently, any
party that objects to the rates opposed
in this NPRM must submit the following
on or before June 16, 2005:
1. A notice of objection to the rates
identifying the rate or rates to which the
objection applies and the reasons for the
objection;
2. A statement setting forth in detail
why the objector has a significant
interest in the royalty rates to be
adopted; and
3. A separate Notice of Intention to
Participate in the CARP proceeding to
adjust the rates. The CARP proceeding
will commence on or before December
31, 2005. See 17 U.S.C. 119(c)(2).
Only parties objecting to the royalty
rates should submit the above–
described documents.
A copy of the voluntary agreement
can be viewed at www.copyright.gov/
carp/satlratelagreementlamend.pdf.
The Library is not proposing for
adoption the additional terms set forth
in the agreement as the statute only
provides for adoption of royalty rates.
See 17 U.S.C. 119(c)(1)(D)(ii)(III).
List of Subjects in 37 CFR Part 258
Copyright, Satellite, Television.
Proposed Regulations
For the reasons set forth above, the
Copyright Office proposes to amend 37
CFR chapter II as follows:
PART 258—ADJUSTMENT OF
ROYALTY FEE FOR SECONDARY
TRANSMISSIONS BY SATELLITE
CARRIERS
1. The authority citation for part 258
is revised to read as follows:
Authority: 17 U.S.C. 119, 702, 802.
2. In § 258.2, paragraph (b) is
amended by removing ‘‘§ 258.3(b)’’ and
adding ‘‘§ 258.3(a)’’ in its place.
3. Section 258.3 is amended by
revising the section heading and in
paragraphs (a) through (h), by adding
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‘‘analog signals of’’ before ‘‘broadcast
stations’’ each place it appears.
The revisions to § 258.3 read as
follows:
§ 258.3 Royalty fee for secondary
transmission of analog signals of
broadcast stations by satellite carriers.
* * * * *
4. Add a new § 258.4 to read as
follows:
§ 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) 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.
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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Proposed Rules
(2) For viewing in commercial
establishments, the 2007 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 2007 to
January 2008.
(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 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.
Dated: May 12, 2005
Tanya Sandros,
Associate General Counsel.
[FR Doc. 05–9804 Filed 5–16–05; 8:45 am]
BILLING CODE 1410–33–S
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Jkt 205001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[RME Docket Number R08–OAR–2004–CO–
0004; FRL–7912–7]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Colorado; Greeley Revised Carbon
Monoxide Maintenance Plan and
Approval of Related Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing approval of
a State Implementation Plan (SIP)
revision submitted by the State of
Colorado. On June 20, 2003, the
Governor of Colorado submitted a
revised maintenance plan for the
Greeley carbon monoxide (CO)
maintenance area for the CO National
Ambient Air Quality Standard
(NAAQS). The revised maintenance
plan contains transportation conformity
budgets for 2005 through 2009, 2010
through 2014, and 2015 and beyond. In
addition, the Governor submitted
revisions to Colorado’s Regulation No.
11 ‘‘Motor Vehicle Emissions Inspection
Program’’ and revisions to Colorado’s
Regulation No. 13 ‘‘Oxygenated Fuels
Program.’’ In this action, EPA is
proposing approval of the Greeley CO
revised maintenance plan, the
transportation conformity budgets, and
the revisions to Regulation No. 11 and
Regulation No. 13. This action is being
taken under section 110 of the Clean Air
Act.
DATES: Comments must be received on
or before June 16, 2005.
ADDRESSES: Submit your comments,
identified by RME Docket Number R08–
OAR–2004–CO–0004, by one of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Agency Website: https://
docket.epa.gov/rmepub/index.jsp.
Regional Materials in EDOCKET (RME),
EPA’s electronic public docket and
comment system for regional actions, is
EPA’s preferred method for receiving
comments. Follow the on-line
instructions for submitting comments.
• E-mail: long.richard@epa.gov and
russ.tim@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Richard R. Long, Director, Air
and Radiation Program, Environmental
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28233
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 999 18th Street, Suite
300, Denver, Colorado 80202–2466.
• Hand Delivery: Richard R. Long,
Director, Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 999
18th Street, Suite 300, Denver, Colorado
80202–2466. Such deliveries are only
accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal
holidays. Special arrangements should
be made for deliveries of boxed
information.
Instructions: Direct your comments to
RME Docket Number R08–OAR–2004–
CO–0004. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available at https://
docket.epa.gov/rmepub/index.jsp,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
EDOCKET, regulations.gov, or e-mail.
EPA’s Regional Materials in EDOCKET
and Federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA, without going through
EDOCKET or regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA’s public docket visit
EDOCKET online or see the Federal
Register of May 31, 2002 (67 FR 38102).
For additional instructions on
submitting comments, go to Section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the Regional Materials in
EDOCKET index at https://
docket.epa.gov/rmepub/index.jsp.
Although listed in the index, some
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]]>Agencies
[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Proposed Rules]
[Pages 28231-28233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9804]
=======================================================================
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 258
[Docket No. 2005-4 CARP SRA-Digital]
Rate Adjustment for the Satellite Carrier Compulsory License
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Copyright Office of the Library of Congress is submitting
for public comment a proposed settlement of royalty rates for the
retransmission of digital over-the-air television broadcast signals by
satellite carriers under the statutory license.
DATES: Comments and Notices of Intent to Participate must be submitted
no later than June 16, 2005.
ADDRESSES: If hand delivered by a private party, an original and five
copies of a comment and a Notice of Intent to Participate should be
brought to Room LM-401 of the James Madison Memorial Building between
8:30 a.m. and 5 p.m. and the envelope should be addressed as follows:
Office of the General Counsel/CARP, U.S. Copyright Office, James
Madison Memorial Building, Room LM-401, 101 Independence Avenue, S.E.,
Washington, DC 20559-6000. If delivered by a commercial courier, an
original and five copies of a comment and a Notice of Intent to
Participate must be delivered to the Congressional Courier Acceptance
Site located at 2nd and D Streets, N.E., between 8:30 a.m. and 4 p.m.
The envelope should be addressed as follows: Office of the General
Counsel/CARP, Room LM-403, James Madison Memorial Building, 101
Independence Avenue, S.E., Washington, DC. If sent by mail (including
overnight delivery using U.S. Postal Service Express Mail), an original
and five copies of a comment and a Notice of Intent to Participate
should be addressed to: Copyright Arbitration Royalty Panel (CARP),
P.O. Box 70977, Southwest Station, Washington, DC 20024. Comments and
Notices of Intent to Participate may not be delivered by means of
overnight delivery services such as Federal Express, United Parcel
Service, etc., due to delays in processing receipt of such deliveries.
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. 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 the first time, for
adjusting the royalty fees paid by
[[Page 28232]]
satellite carriers for the retransmission of digital broadcast signals.
17 U.S.C. 119(c)(2). The law set the initial rates as the rates set by
the Librarian in 1997 for the retransmission of analog broadcast
signals, 37 CFR 258.3(b)(1)&(2), reduced by 22.5 percent. 17 U.S.C.
119(c)(2)(A). These rates are to be adjusted in accordance with the
procedures set forth in section 119(c)(1) of the Copyright Act.
On March 8, 2005, the Copyright Office received a letter from
EchoStar Satellite L.L.C., DirecTV, Inc., Program Suppliers, and the
Joint Sports Claimants requesting that the Office begin the process of
setting the rates for the retransmission of digital broadcast signals
by initiating a voluntary negotiation period so that rates for both
digital and analog signals ``will be in place before the July 31, 2005
deadline for satellite carriers to pay royalties for the first
accounting period of 2005.'' Letter at 2. The Office granted the
request and, pursuant to section 119(c)(1), published in the Federal
Register a notice initiating a voluntary negotiation period during
which parties could negotiate in an effort to reach a voluntary
agreement regarding the rates. See 70 FR 15368 (March 25, 2005).
In accordance with the March 25 notice, the Office has received one
agreement, submitted jointly by the satellite carriers EchoStar
Satellite L.L.C. and DirecTV, Inc., 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.
The agreement proposes rates for the private home viewing of distant
superstations and distant network stations for the 2005-2009 period, as
well as the viewing of those signals in commercial establishments. The
agreement specifies that distant superstations and network stations
that are significantly viewed do not require a royalty payment, which
is consistent with 17 U.S.C. 119(a)(3), as amended. In addition, the
agreement proposes that, in the case of multicasting of digital
superstations and network stations, each digital stream that is
retransmitted by a satellite carrier must be paid for at the prescribed
rate but no royalty payment is due for any program-related material
contained on the stream within the meaning of WGN v. United Video,
Inc., 693 F.2d 622, 626 (7th Cir. 1982) and Second Report and Order and
First Order On Reconsideration in CS Doc. No. 98-120, FCC 05-27 at ] 44
& n.158 (Feb. 23, 2005).
The statute 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). This Notice of Proposed Rulemaking (``NPRM'')
fulfills the requirement.
The law further provides that the Librarian shall adopt the rates
contained in the voluntary agreement as applicable to all satellite
carriers, distributors and copyright owners ``unless a party with an
intent to participate'' in a royalty rate adjustment proceeding before
a Copyright Arbitration Royalty Panel (``CARP'') and a ``significant
interest in the outcome'' of the CARP proceeding files an objection.
Consequently, any party that objects to the rates opposed in this NPRM
must submit the following on or before June 16, 2005:
1. A notice of objection to the rates identifying the rate or rates
to which the objection applies and the reasons for the objection;
2. A statement setting forth in detail why the objector has a
significant interest in the royalty rates to be adopted; and
3. A separate Notice of Intention to Participate in the CARP
proceeding to adjust the rates. The CARP proceeding will commence on or
before December 31, 2005. See 17 U.S.C. 119(c)(2).
Only parties objecting to the royalty rates should submit the
above-described documents.
A copy of the voluntary agreement can be viewed at
www.copyright.gov/carp/sat_rate_agreement_amend.pdf. The Library is
not proposing for adoption the additional terms set forth in the
agreement as the statute only provides for adoption of royalty rates.
See 17 U.S.C. 119(c)(1)(D)(ii)(III).
List of Subjects in 37 CFR Part 258
Copyright, Satellite, Television.
Proposed Regulations
For the reasons set forth above, the Copyright Office proposes to
amend 37 CFR chapter II as follows:
PART 258--ADJUSTMENT OF ROYALTY FEE FOR SECONDARY TRANSMISSIONS BY
SATELLITE CARRIERS
1. The authority citation for part 258 is revised to read as
follows:
Authority: 17 U.S.C. 119, 702, 802.
2. In Sec. 258.2, paragraph (b) is amended by removing ``Sec.
258.3(b)'' and adding ``Sec. 258.3(a)'' in its place.
3. Section 258.3 is amended by revising the section heading and in
paragraphs (a) through (h), by adding ``analog signals of'' before
``broadcast stations'' each place it appears.
The revisions to Sec. 258.3 read as follows:
Sec. 258.3 Royalty fee for secondary transmission of analog signals of
broadcast stations by satellite carriers.
* * * * *
4. Add a new Sec. 258.4 to read as follows:
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) 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.
[[Page 28233]]
(2) For viewing in commercial establishments, the 2007 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
2007 to January 2008.
(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 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.
Dated: May 12, 2005
Tanya Sandros,
Associate General Counsel.
[FR Doc. 05-9804 Filed 5-16-05; 8:45 am]
BILLING CODE 1410-33-S
