Rate Adjustment for the Satellite Carrier Compulsory License, 39178-39180 [05-13331]
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39178
Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Rules and Regulations
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though rule would not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Technical Standards
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Protection of Children
Environment
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This proposed
rule is not an economically significant
rule and will not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph 34(g), of the
Instruction, from further environmental
documentation because this rule is not
expected to result in any significant
adverse environmental impact as
described in NEPA.
Under figure 2–1, paragraph (34)(g), of
the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that Order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub. L. 107–
295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
PO 00000
Frm 00004
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2. In § 165.809, revise paragraphs (a),
(b)(1), and (b)(2) to read as follows:
I
§ 165.809 Security Zone; Port of Corpus
Christi Inner Harbor, Corpus Christi, TX.
(a) Location. The following area is
designated as a security zone: all waters
of the Corpus Christi Inner Harbor from
the Inner Harbor Bridge (U.S. Hwy 181)
to, and including the Viola Turning
Basin.
(b) Regulations. (1) No recreational
vessels, passenger vessels, or
commercial fishing vessels may enter
the security zone unless specifically
authorized by the Captain of the Port
Corpus Christi or a designated
representative.
(2) Recreational vessels, passenger
vessels and commercial fishing vessels
requiring entry into the security zone
must contact the Captain of the Port
Corpus Christi or a designated
representative. The Captain of the Port
may be contacted via VHF Channel 16
or via telephone at (361) 888–3162 to
seek permission to transit the area. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port,
Corpus Christi or a designated
representative.
*
*
*
*
*
Dated: June 9, 2005.
J. H. Korn,
Captain, U.S. Coast Guard, Captain of the
Port Corpus Christi.
[FR Doc. 05–13384 Filed 7–6–05; 8:45 am]
BILLING CODE 4910–15–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 258
[Docket No. 2005–4 CARP SRA–Digital]
Rate Adjustment for the Satellite
Carrier Compulsory License
Copyright Office, Library of
Congress.
ACTION: Final rule.
AGENCY:
SUMMARY: The Copyright Office of the
Library of Congress is publishing the
royalty rates for the retransmission of
digital over–the–air television broadcast
signals by satellite carriers under the
statutory license.
EFFECTIVE DATE: January 1, 2005.
FOR FURTHER INFORMATION CONTACT:
David O. Carson, General Counsel, or
Tanya M. Sandros, Associate General
Counsel, Copyright Arbitration Royalty
Panel (CARP), P.O. Box 70977,
Southwest Station, Washington, DC
E:\FR\FM\07JYR1.SGM
07JYR1
Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Rules and Regulations
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. No. 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 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 a notice in the
Federal Register initiating a voluntary
negotiation period and requesting that
any agreements reached during this
period be submitted no later than April
25, 2005. See 70 FR 15368 (March 25,
2005).
In accordance with the March 25
notice, the Office 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 proposed 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 for
commercial establishments. The
agreement specifies that distant
VerDate jul<14>2003
16:31 Jul 06, 2005
Jkt 205001
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 proposed 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
(February 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). The Library
published a Notice of Proposed
Rulemaking on May 17, 2005, to fulfill
this requirement. 70 FR 28231 (May 17,
2005). The Office received no objections
as a result of this notice. Consequently,
the Library is adopting the rates as set
forth in the voluntary agreement as
final.
39179
§ 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.
List of Subjects in 37 CFR Part 258
(ii) 23 cents per subscriber per month
for distant network stations.
Copyright, Satellite, Television.
(2) For viewing in commercial
establishments, 46 cents per subscriber
Final Regulations
per month for distant superstations.
(d) Commencing January 1, 2008, the
I For the reasons set forth above, the
Copyright Office amends 37 CFR chapter royalty rate for secondary transmission
of digital signals of broadcast stations by
II as follows:
satellite carriers shall be as follows:
(1) For private home viewing–
PART 258—ADJUSTMENT OF
(i) The 2007 rate per subscriber per
ROYALTY FEE FOR SECONDARY
month for distant superstations adjusted
TRANSMISSIONS BY SATELLITE
for the amount of inflation as measured
CARRIERS
by the change in the Consumer Price
I 1. The authority citation for part 258 is
Index for all Urban Consumers from
revised to read as follows:
January 2007 to January 2008.
(ii) The 2007 rate per subscriber per
Authority: 17 U.S.C. 119, 702, 802.
month for distant network stations
§ 258.2 [Amended]
adjusted for the amount of inflation as
measured by the change in the
I 2. In § 258.2, paragraph (b) is amended
Consumer Price Index for all Urban
by removing ‘‘§ 258.3(b)’’ and adding
Consumers from January 2007 to
‘‘§ 258.3(a)’’ in its place.
January 2008.
I 3. Section 258.3 is amended by
(2) For viewing in commercial
revising the section heading and in
establishments, the 2007 rate per
paragraphs (a) through (h), by adding
subscriber per month for viewing
‘‘analog signals of’’ before ‘‘broadcast
distant superstations in commercial
stations’’ each place it appears.
establishments adjusted for the amount
The revisions to § 258.3 read as
of inflation as measured by the change
follows:
in the Consumer Price Index for all
Urban Consumers from January 2007 to
§ 258.3 Royalty fee for secondary
transmission of analog signals of broadcast January 2008.
(e) Commencing January 1, 2009, the
stations by satellite carriers.
royalty rate for secondary transmission
* * * * *
of digital signals of broadcast stations by
I 4. Add a new § 258.4 to read as follows: satellite carriers shall be as follows:
PO 00000
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07JYR1
39180
Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Rules and Regulations
(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: June 21, 2005.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 05–13331 Filed 7–6–05; 8:45 am]
BILLING CODE 1410–33–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[FRL–7934–1]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
AGENCY:
Environmental Protection
Agency.
VerDate jul<14>2003
16:00 Jul 06, 2005
Jkt 205001
Direct Final Deletion of the
Jones Sanitation Superfund Site from
the National Priorities List.
ACTION:
SUMMARY: The Environmental Protection
Agency (EPA), Region 2, announces the
deletion of the Jones Sanitation
Superfund Site (Site), located in Hyde
Park, New York, from the National
Priorities List (NPL) and will consider
public comment on this action.
The NPL is Appendix B of the
National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), 40
CFR Part 300, which EPA promulgated
pursuant to Section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended.
This Direct Final Notice of Deletion is
being published by EPA with the
concurrence of the State of New York,
through the Department of
Environmental Conservation (NYSDEC).
EPA and NYSDEC have determined that
potentially responsible parties have
implemented all appropriate response
actions required. Moreover, EPA and
NYSDEC have determined that the Site
poses no significant threat to public
health or the environment.
DATES: This direct final deletion will be
effective September 6, 2005 unless EPA
receives significant adverse comments
by August 8, 2005. If significant adverse
comments are received, EPA will
publish a timely withdrawal of this
direct final deletion in the Federal
Register, informing the public that the
deletion will not take effect.
ADDRESSES: Comments may be mailed
to: Isabel Rodrigues, Remedial Project
Manager, Emergency and Remedial
Response Division, U.S. Environmental
Protection Agency, Region 2, 290
Broadway, 20th Floor, New York, New
York 10007–1866.
Information Repositories:
Comprehensive information about the
Site is available for viewing and copying
at the Site information repositories
located at:
U.S. Environmental Protection Agency,
Region 2, Superfund Records Center,
290 Broadway, Room 1828, New
York, New York 10007–1866, (212)
637–4308, Hours: 9 a.m. to 5 p.m.,
Monday through Friday; By
Appointment
and,
Hyde Park Free Public Library, 2 Main
Street, Hyde Park, NY 12538, Hours:
9 a.m. to 8 p.m., Monday and
Tuesday, 12 to 8 p.m., Wednesday
and Thursday, 9 a.m. to 2 p.m.,
Saturday; By Appointment.
FOR FURTHER INFORMATION CONTACT: Ms.
Isabel Rodrigues, Remedial Project
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Manager, U.S. EPA Region 2, 290
Broadway, 20th Floor, New York, New
York 10007–1866, (212) 637–4248; Fax
Number (212) 637–4284; Email address:
Rodrigues.Isabel@EPA.GOV.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
I. Introduction
EPA Region 2 announces the deletion
of the Jones Sanitation Superfund Site
from the NPL. The EPA maintains the
NPL as the list of those sites that appear
to present a significant risk to public
health, welfare, or the environment.
Sites on the NPL can have remedial
actions financed by the Hazardous
Substances Superfund Response Trust
Fund.
EPA considers this action to be
noncontroversial and routine, and
therefore, EPA is taking it without prior
publication of a Notice of Intent to
Delete. This action will be effective
September 6, 2005 unless EPA receives
significant adverse comments by August
8, 2005 on this action or the parallel
Notice of Intent to Delete published in
the Notice section of today’s Federal
Register. If significant adverse
comments are received within the 30day public comment period, EPA
Region 2 will publish a timely
withdrawal of this Direct Final Deletion
before the effective date of the deletion
and the deletion will not take effect.
EPA will, if appropriate, prepare a
response to comments and continue
with the deletion process on the basis of
the Notice of Intent to Delete and the
comments already received. There will
be no additional opportunity to
comment.
Section II explains the criteria for
deleting sites from the NPL. Section III
discusses procedures that EPA is using
for this action. Section IV discusses the
Jones Sanitation Superfund Site and
demonstrates how it meets the deletion
criteria.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP
provides that Sites may be deleted from
the NPL where no further response is
appropriate. In making this
determination, EPA, in consultation
with the state, shall consider whether
any of the following criteria have been
met:
i. Responsible parties or other parties
have implemented all appropriate
response actions required;
E:\FR\FM\07JYR1.SGM
07JYR1
]]>Agencies
[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Rules and Regulations]
[Pages 39178-39180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13331]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Office of the Library of Congress is publishing
the royalty rates for the retransmission of digital over-the-air
television broadcast signals by satellite carriers under the statutory
license.
EFFECTIVE DATE: January 1, 2005.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Tanya M. Sandros, Associate General Counsel, Copyright Arbitration
Royalty Panel (CARP), P.O. Box 70977, Southwest Station, Washington, DC
[[Page 39179]]
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. No. 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 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 a notice in the
Federal Register initiating a voluntary negotiation period and
requesting that any agreements reached during this period be submitted
no later than April 25, 2005. See 70 FR 15368 (March 25, 2005).
In accordance with the March 25 notice, the Office 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 proposed 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 for 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 proposed 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 (February 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). The Library published a Notice of Proposed
Rulemaking on May 17, 2005, to fulfill this requirement. 70 FR 28231
(May 17, 2005). The Office received no objections as a result of this
notice. Consequently, the Library is adopting the rates as set forth in
the voluntary agreement as final.
List of Subjects in 37 CFR Part 258
Copyright, Satellite, Television.
Final Regulations
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 revised to read as follows:
Authority: 17 U.S.C. 119, 702, 802.
Sec. 258.2 [Amended]
0
2. In Sec. 258.2, paragraph (b) is amended by removing ``Sec.
258.3(b)'' and adding ``Sec. 258.3(a)'' in its place.
0
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.
* * * * *
0
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.
(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:
[[Page 39180]]
(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: June 21, 2005.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 05-13331 Filed 7-6-05; 8:45 am]
BILLING CODE 1410-33-S
