Cable Statutory License: Specialty Station List, 69288-69290 [2011-28939]

Download as PDF 69288 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. mstockstill on DSK4VPTVN1PROD with NOTICES Overview of this information (1) Type of Information Collection: Approval of an Existing Collection. (2) Title of the Form: Voluntary Appeal File. (3) Agency Form Number, if any, and the applicable component of the department sponsoring the collection: Form Number: 1110–0043. Sponsor: Criminal Justice Information Services (CJIS) Division of the FBI, Department of Justice (DOJ). (4) Affected Public who will be asked or required to respond, as well as a brief abstract: Primary: Any individual requesting entry into the Voluntary Appeal File (VAF) of the FBI Criminal Justice Information Services (CJIS) Division’s National Instant Criminal Background Check System (NICS) Section. Brief Abstract: Under 28 CFR, § 25.9(b)(1), (2), and (3), the NICS must destroy all identifying information on allowed transactions within 24 hours of the Federal Firearms Licensee (FFL) being notified of the transaction’s proceed status. If a potential purchaser is delayed or denied a firearm then successfully appeals the decision, the NICS Section cannot retain a record of the overturned appeal or the supporting documentation. If the record cannot be updated, the purchaser continues to be delayed or denied, and if that individual appeals the decision, the documentation must be resubmitted for every subsequent purchase. As such, the Voluntary Appeal File (VAF) was mandated to be created and maintained by the NICS Section for the purpose of preventing future lengthy delays or erroneous denials of a firearm transfer. An individual wishing to request entry into the VAF may obtain a VAF brochure from the NICS Section, an FFL, or the NICS Section Web site: http://www.fbi.gov/about-us/cjis/nics/ nics. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that annually 7,542 individuals will request entry into the VAF. It takes an average of 5 minutes to read and complete all areas of the application, an estimated 2 hours for the process of fingerprinting including travel, and 25 minutes to mail the form for a total of 2.5 hours estimated burden to the respondent. VerDate Mar<15>2010 16:29 Nov 07, 2011 Jkt 226001 (6) An estimate of the total public burden (in hours) associated with the collection: The number of persons requesting entry into the VAF is estimated to be 7,542 individuals annually. The time it takes each individual to complete the process is 2.5 hours. The total public burden hours are 7,542 respondents multiplied by 2.5 hours which equals 18,855 total burden hours. If additional information is required, contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Policy and Planning Staff, Justice Management Division, Two Constitution Square, 145 N Street, NE., Room 2E–508, Washington, DC 20530. Jerri Murray, Department Clearance Officer, PRA, United States Department of Justice. [FR Doc. 2011–28803 Filed 11–7–11; 8:45 am] BILLING CODE P LIBRARY OF CONGRESS Copyright Office [Docket No. 2011–1] Cable Statutory License: Specialty Station List Copyright Office, Library of Congress. ACTION: Notice of objections and specialty station filings. AGENCY: Periodically, the Copyright Office (‘‘Office’’) seeks to update its list of specialty stations related to the use of the cable compulsory license. In response to the publication of an initial list of specialty stations for this purpose in April of this year, the Office received objections filed by the Motion Picture Association of America to the identification of certain stations as being entitled to specialty station status in accordance with the Federal Communications Commission’s (‘‘FCC’’) definition of specialty station in effect on June 24, 1981. Consequently, before compiling the final list, the Office is providing an opportunity for response to the filed objections. The Office is also publishing for comment a new list of television stations reported in filed affidavits received after publication of the initial list in which the owner or licensee of the television station attests that the station qualifies as a specialty station under the FCC’s former rules. DATES: Objections to the newly designated specialty stations must be filed no later than December 8, 2011. Responses to any objections filed to the SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 newly designated specialty stations must be received no later than January 9, 2012. Responses to any of the MPAA objections noted herein must also be filed with the Office no later than January 9, 2012. ADDRESSES: All comments and reply comments shall be submitted electronically. A comment page containing a comment form is posted on the Copyright Office Web site at http://www.copyright.gov/docs/ssl. The Web site interface requires submitters to complete a form specifying name and organization, as applicable, and to upload comments as an attachment via a browser button. To meet accessibility standards, all objections, comments, or other filings must be uploaded in a single file in either the Adobe Portable Document File (PDF) format that contains searchable, accessible text (not an image); Microsoft Word; WordPerfect; Rich Text Format (RTF); or ASCII text file format (not a scanned document). The maximum file size is 6 megabytes (MB). The name of the submitter and organization should appear on both the form and the face of the filings. All objections, comments, and other filings will be posted publicly on the Copyright Office Web site exactly as they are received, along with names and organizations. If electronic submission of objections, comments, or other filings is not feasible, please contact Tracie Coleman of the Licensing Division at (202)–707–8150 for special instructions. FOR FURTHER INFORMATION CONTACT: Ben Golant, Assistant General Counsel, and Tanya M. Sandros, Deputy General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 707–8380. Telefax: (202) 707–8366. SUPPLEMENTARY INFORMATION: Under the cable statutory license, a cable operator may retransmit the signal of a distant television station identified as a specialty station at the base rate rather than at the higher 3.75% rate that is incurred for the carriage of a nonpermitted signal. 37 CFR 256.2(c). Specialty station status is determined by reference to the former regulations of the FCC which defined a specialty station as ‘‘a commercial television broadcast station that generally carries foreign-language, religious, and/or automated programming in one-third of the hours of an average broadcast week and one-third of the weekly prime-time hours.’’ 47 CFR 76.5(kk) (1981). The specialty station designation was part of a complex regulatory structure which governed the carriage of distant network station signals in the 1970s. However, E:\FR\FM\08NON1.SGM 08NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices the FCC no longer determines whether a station qualifies as a specialty station. It repealed its distant signal carriage rules in 1981 and has not reviewed its specialty station policy since that time. Nevertheless, the Office still keeps an active list because it is relevant to the calculation of royalties under Section 111. The Office published its first specialty station list in 1990 under a procedure which allowed the owner of the station to file an affidavit with the Office attesting to the fact that the station’s programming comports with the 1981 FCC definition, and hence, qualifies it as a specialty station. 55 FR 40021 (October 1, 1990). The Office noted at that time that it would periodically update the list. Accordingly, on January 28, 2011, the Office published a Notice in the Federal Register asking the owner, or a valid agent of the owner, to file a sworn affidavit stating that the station’s programming satisfies the FCC’s former requirements for specialty station status. 76 FR 5213 (January 28, 2011). The Office received affidavits from 63 broadcast stations for which the owner or licensee of the television station had filed the requested affidavit. The Office then published an initial specialty station list in the Federal Register on April 22, 2011. 76 FR 22733 (April 22, 2011). Objections. In the aforementioned Notice, the Office stated that any party objecting to any claim to specialty station status must submit comments with the Office stating his or her objections within thirty days of publication of this Notice in the Federal Register. The Motion Picture Association of America, Inc. (‘‘MPAA’’) has made such a filing and objected to the inclusion of the following stations for the following reasons: • Stations offering full days of syndicated programming, including during prime time, cannot be identified as specialty stations: WBQD–LP, Davenport, IA WYNA–CA, Albany, NY • Stations carrying the multicast signals of, and featuring the same programs as, a Public Broadcasting Service affiliate cannot be identified as specialty stations: K241C–D, Bellingham, WA: translator that carries multicast signals of Public Broadcasting Service affiliate KBTC, Bellingham, WA to Vancouver, BC. K241C–D offers the same programs at the same times that they are broadcast by KBTC. • Stations offering home shopping programming throughout the day, and VerDate Mar<15>2010 16:29 Nov 07, 2011 Jkt 226001 during prime time as well as stations solely broadcasting infomercials cannot be identified as specialty stations: KBCB–TV, Bellingham, WA: Home Shopping Network affiliated station. KHTV–LP, Los Angeles, CA: Home Shopping Network affiliated station. WNJJ–LD, Paterson, NJ: broadcasts only infomercials. • Stations currently licensed and silent cannot be identified as specialty stations: KDBK–LP, Caliente, CA. KEBK–LP, Bakersfield, CA. KFIQ–LP, Lubbock, TX. KILA–LP, Cherry Valley, CA. KMRZ–LP, Moreno Valley, CA . KRMV–LP, Walnut, CA. KRPE–LP, Banning, CA. KRVD–LP, Banning, CA. KSCZ–LP, Greenfield, CA . KSGO–LP, Chico, CA . WXOX–LP, Cleveland, OH. • ABC and Fox affiliates offering syndicated programming throughout the day in English should not be identified as specialty stations: WPRU–LP, Aguadilla, PR. WSJX–LP, Aguadilla, PR. WVXF(TV), Charlotte Amalie, USVI. • Stations offering a radio programming format should not be identified as specialty stations: KFMP–LP, Lubbock, TX. WLFM–LP, Chicago, IL. • The following Port Jervis, NY licensed stations for which there is no evidence of construction or the type of programming broadcast should not be identified as specialty stations: W20CM. W26DB. W34d1. W42DQ. W49DK. W52DW. W59EA. Before compiling a new list of specialty stations, television broadcast stations that have filed affidavits attesting to their specialty station status should have the opportunity to rebut any objections filed to their identification as a specialty station and clarify their status for the purposes expressed herein. On this point, it should be noted that over twenty years ago, the Office implemented policies and procedures concerning notice to the public regarding specialty stations, the point of which was to provide all interested parties with a chance to comment on those stations claiming specialty status. The goal was to establish a set of facts so that cable systems can make an informed decision as to whether copyright owners might continue to PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 69289 contest the carriage of a particular station on a specialty basis. It was the Office’s intention at that time that the notice, publication, and objection procedures would give all parties a chance to cooperate in their assessment of the specialty stations on the list. 54 FR 38461, 38464 (September 18, 1989). To that end, the Office contacted the representatives of stations for which it had received written objections and gave them an opportunity to respond. See 56 FR 61056 (November 29, 1991). Today, the Office is requesting written comments in response to the objections received from MPAA, which may be viewed at http://www.copyright.gov/ docs/specialtystations/objections-PS2011.pdf. In addition to this notice, the Office will also contact each of the broadcast stations informing it that an objection has been filed to its representation that it is a specialty station and advising that it may respond to that objection. Responses from the broadcaster must be filed with the Office no later than January 9, 2012. A broadcaster that has determined that its station should not be considered as a specialty station at this time may inform the Office of this fact and the station will not be included on the final list. However, unless a broadcaster asks to be removed from the list of specialty stations, it will be included on the final list with an annotation to denote that an objection had been filed to the station’s characterizing itself as a specialty station. The Office will place in the public file together with the relevant affidavit any objection received and response thereto. With regard to the treatment of contested specialty stations after this proceeding concludes, it is important to note that the Licensing Division examiners will look at these stations in the same way they have done in the past. That is, if a cable operator claims specialty station status for a contested station on the list, the examiner will inform the operator by letter that a particular party objects to the ‘‘specialty characterization.’’ See 54 FR 38461, 38464 (September 18, 1989). The cable operator then has the opportunity to file an amended Statement of Account and recalculate royalties, if the operator so chooses. MPAA also contended that the Register has the authority to determine whether a particular station is properly identified as a specialty station. In its objection, MPAA referred to the standards set forth in 17 U.S.C. 411(b)(1) regarding the use of a registration certificate for purposes of filing an infringement suit, noting that the E:\FR\FM\08NON1.SGM 08NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 69290 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices certificate of registration would not be valid for this purpose if the application contained inaccurate information which, ‘‘if known would have caused the Register of Copyrights to refuse registration.’’ MPAA maintained that the same principle should apply in the case of specialty stations where the Office has accurate information to make a final determination as to whether a particular station should be characterized as a specialty station. The Office, however, has not made such determinations in the past and has stated that ‘‘it should not itself verify the specialty station status of particular stations,’’ 54 FR 38466 (September 18, 1989), although it has relied on rulings made by the Federal Communications Commission with respect to the retransmission of English-speaking stations in Puerto Rico. See, e.g., letter from Marilyn Kretsinger, Assistant General Counsel, to Christopher Cinnamon on February 14, 1997. Rather, the Office provides periodically an updated annotated list so that ‘‘cable systems can make an informed decision as to whether MPAA or any other party might contest the system’s carriage of a particular station on a specialty basis.’’ 56 FR 61056 (November 29, 1991). These policies and practices do not support MPAA’s contention that the Office can make determinations regarding the specialty status of a particular station. Nevertheless, the Office seeks comment on MPAA’s contention that 17 U.S.C. 411(b)(1) provides authority for or is relevant to whether the Office can make a final determination on the classification of a broadcast station as a specialty station. New Specialty Station Claims. Since the publication of the initial list, the Office has received 24 additional affidavits, attesting to the specialty station status of the 24 identified stations. Because the Office has received a substantial number of late filed affidavits, the Office finds it necessary to seek input from the public regarding the asserted specialty station status of these particular stations. Any interested party may file an objection to these newly listed stations. Such objections are due no later than December 8, 2011 and [a list will be] will be posted on the Office’s Web site shortly after that deadline. The Office will also accept responses to these objections. Such responses are due January 9, 2012. After comments or objections are received in response to this Notice, the Office plans to publish a final list of specialty stations that shall be effective January 1, 2012, for the accounting period 2012/1 and thereafter. The Office also notes that VerDate Mar<15>2010 16:29 Nov 07, 2011 Jkt 226001 while the current practice is to accept late filed affidavits after the publication of the final list, it will be reexamining this practice in an upcoming rulemaking proceeding. New List of Additional Specialty Stations: Call Letter and Cities of License KCGI–CA, Cape Girardeau, MO . KCSO–LD, Sacramento, CA. W07DP–D35, Harrisburg, PA . W14DFD–TV14, Elliotsburg, PA . W16COD–TV16, Middleburg, PA . W29CO–TV29, Sharon, PA . W45BT–TV45, Brookville, PA. W46EJ–D21, Clarksburg, WV. WAQP, Saginaw, MI . WBNF–CA, Buffalo, NY . WDWO–CA, Detroit, MI . WDYR–CA, Dyersburg, TN. WINM, Angola, IN. WKBS–TV47, Altoona, PA. WMBC–TV, Newton, NJ . WNYB, Jamestown, NY . WPCB–TV40, Greensburg, PA. WRAY–TV, Wilson, NC . WRLM, Canton, OH . WTCT–Marion, IL . WTLJ, Muskegon, MI. WXLI, Greensboro, NC . XERV–TV, Reynosa, Tamaulipas, Mexico. XHAB–TV, Matamoros, Tamaulipas, Mexico. Dated: November 2, 2011. Maria A. Pallante, Register of Copyrights. [FR Doc. 2011–28939 Filed 11–7–11; 8:45 am] BILLING CODE 1410–30–P MILLENNIUM CHALLENGE CORPORATION [MCC 11–11] Report on Countries That Are Candidates for Millennium Challenge Account Eligibility in Fiscal Year 2012 and Countries That Would Be Candidates But For Legal Prohibitions Millennium Challenge Corporation. ACTION: Notice. AGENCY: Section 608(d) of the Millennium Challenge Act of 2003 requires the Millennium Challenge Corporation to publish a report that identifies countries that are ‘‘candidate countries’’ for Millennium Challenge Account assistance during FY 2012. The report is set forth in full below and updates the report published September 7, 2011 (76 FR 55419) to reflect the issuance of presidential determinations that waived sanctions with respect to SUMMARY: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 certain countries under Section 110 of the Trafficking Victims Protection Act of 2000 (Pub. L. 106–386), as amended. Dated: November 2, 2011. Melvin F. Williams, Jr., VP/General Counsel and Corporate Secretary, Millennium Challenge Corporation. Report on Countries that are Candidates for Millennium Challenge Account Eligibility for Fiscal Year 2012 and Countries that would be Candidates but for Legal Prohibitions Summary This report to Congress is provided in accordance with section 608(a) of the Millennium Challenge Act of 2003, as amended, 22 U.S.C. 7701, 7707(a) (the ‘‘Act’’). The Act authorizes the provision of Millennium Challenge Account (MCA) assistance for countries that enter into a Millennium Challenge Compact with the United States to support policies and programs that advance the progress of such countries to achieve lasting economic growth and poverty reduction. The Act requires the Millennium Challenge Corporation (MCC) to take a number of steps in selecting countries with which MCC will seek to enter into a compact, including (a) Determining the countries that will be eligible for MCA assistance for fiscal year 2012 (FY12) based on a country’s demonstrated commitment to (i) Just and democratic governance, (ii) economic freedom, and (iii) investments in its people; and (b) considering the opportunity to reduce poverty and generate economic growth in the country. These steps include the submission of reports to the congressional committees specified in the Act and the publication of notices in the Federal Register that identify: The countries that are ‘‘candidate countries’’ for MCA assistance for FY12 based on per capita income levels and eligibility to receive assistance under U.S. law, and countries that would be candidate countries but for specified legal prohibitions on assistance (section 608(a) of the Act); The criteria and methodology that the MCC Board of Directors (Board) will use to measure and evaluate the relative policy performance of the ‘‘candidate countries’’ consistent with the requirements of subsections (a) and (b) of section 607 of the Act in order to determine ‘‘MCA eligible countries’’ from among the ‘‘candidate countries’’ (section 608(b) of the Act); and The list of countries determined by the Board to be ‘‘MCA eligible countries’’ for FY12, identification of such countries with which the Board will seek to enter into compacts, and a justification for such eligibility determination and selection for compact negotiation (section 608(d) of the Act). E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Pages 69288-69290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28939]


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LIBRARY OF CONGRESS

Copyright Office

[Docket No. 2011-1]


Cable Statutory License: Specialty Station List

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of objections and specialty station filings.

-----------------------------------------------------------------------

SUMMARY: Periodically, the Copyright Office (``Office'') seeks to 
update its list of specialty stations related to the use of the cable 
compulsory license. In response to the publication of an initial list 
of specialty stations for this purpose in April of this year, the 
Office received objections filed by the Motion Picture Association of 
America to the identification of certain stations as being entitled to 
specialty station status in accordance with the Federal Communications 
Commission's (``FCC'') definition of specialty station in effect on 
June 24, 1981. Consequently, before compiling the final list, the 
Office is providing an opportunity for response to the filed 
objections. The Office is also publishing for comment a new list of 
television stations reported in filed affidavits received after 
publication of the initial list in which the owner or licensee of the 
television station attests that the station qualifies as a specialty 
station under the FCC's former rules.

DATES: Objections to the newly designated specialty stations must be 
filed no later than December 8, 2011. Responses to any objections filed 
to the newly designated specialty stations must be received no later 
than January 9, 2012. Responses to any of the MPAA objections noted 
herein must also be filed with the Office no later than January 9, 
2012.

ADDRESSES: All comments and reply comments shall be submitted 
electronically. A comment page containing a comment form is posted on 
the Copyright Office Web site at http://www.copyright.gov/docs/ssl. The 
Web site interface requires submitters to complete a form specifying 
name and organization, as applicable, and to upload comments as an 
attachment via a browser button. To meet accessibility standards, all 
objections, comments, or other filings must be uploaded in a single 
file in either the Adobe Portable Document File (PDF) format that 
contains searchable, accessible text (not an image); Microsoft Word; 
WordPerfect; Rich Text Format (RTF); or ASCII text file format (not a 
scanned document). The maximum file size is 6 megabytes (MB). The name 
of the submitter and organization should appear on both the form and 
the face of the filings. All objections, comments, and other filings 
will be posted publicly on the Copyright Office Web site exactly as 
they are received, along with names and organizations. If electronic 
submission of objections, comments, or other filings is not feasible, 
please contact Tracie Coleman of the Licensing Division at (202)-707-
8150 for special instructions.

FOR FURTHER INFORMATION CONTACT: Ben Golant, Assistant General Counsel, 
and Tanya M. Sandros, Deputy General Counsel, Copyright GC/I&R, P.O. 
Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 
707-8380. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION: Under the cable statutory license, a cable 
operator may retransmit the signal of a distant television station 
identified as a specialty station at the base rate rather than at the 
higher 3.75% rate that is incurred for the carriage of a non-permitted 
signal. 37 CFR 256.2(c). Specialty station status is determined by 
reference to the former regulations of the FCC which defined a 
specialty station as ``a commercial television broadcast station that 
generally carries foreign-language, religious, and/or automated 
programming in one-third of the hours of an average broadcast week and 
one-third of the weekly prime-time hours.'' 47 CFR 76.5(kk) (1981). The 
specialty station designation was part of a complex regulatory 
structure which governed the carriage of distant network station 
signals in the 1970s. However,

[[Page 69289]]

the FCC no longer determines whether a station qualifies as a specialty 
station. It repealed its distant signal carriage rules in 1981 and has 
not reviewed its specialty station policy since that time. 
Nevertheless, the Office still keeps an active list because it is 
relevant to the calculation of royalties under Section 111.
    The Office published its first specialty station list in 1990 under 
a procedure which allowed the owner of the station to file an affidavit 
with the Office attesting to the fact that the station's programming 
comports with the 1981 FCC definition, and hence, qualifies it as a 
specialty station. 55 FR 40021 (October 1, 1990). The Office noted at 
that time that it would periodically update the list.
    Accordingly, on January 28, 2011, the Office published a Notice in 
the Federal Register asking the owner, or a valid agent of the owner, 
to file a sworn affidavit stating that the station's programming 
satisfies the FCC's former requirements for specialty station status. 
76 FR 5213 (January 28, 2011). The Office received affidavits from 63 
broadcast stations for which the owner or licensee of the television 
station had filed the requested affidavit. The Office then published an 
initial specialty station list in the Federal Register on April 22, 
2011. 76 FR 22733 (April 22, 2011).
    Objections. In the aforementioned Notice, the Office stated that 
any party objecting to any claim to specialty station status must 
submit comments with the Office stating his or her objections within 
thirty days of publication of this Notice in the Federal Register. The 
Motion Picture Association of America, Inc. (``MPAA'') has made such a 
filing and objected to the inclusion of the following stations for the 
following reasons:
     Stations offering full days of syndicated programming, 
including during prime time, cannot be identified as specialty 
stations:

WBQD-LP, Davenport, IA
WYNA-CA, Albany, NY

     Stations carrying the multicast signals of, and featuring 
the same programs as, a Public Broadcasting Service affiliate cannot be 
identified as specialty stations:

K241C-D, Bellingham, WA: translator that carries multicast signals of 
Public Broadcasting Service affiliate KBTC, Bellingham, WA to 
Vancouver, BC. K241C-D offers the same programs at the same times that 
they are broadcast by KBTC.

     Stations offering home shopping programming throughout the 
day, and during prime time as well as stations solely broadcasting 
infomercials cannot be identified as specialty stations:

KBCB-TV, Bellingham, WA: Home Shopping Network affiliated station.
KHTV-LP, Los Angeles, CA: Home Shopping Network affiliated station.
WNJJ-LD, Paterson, NJ: broadcasts only infomercials.

     Stations currently licensed and silent cannot be 
identified as specialty stations:

KDBK-LP, Caliente, CA.
KEBK-LP, Bakersfield, CA.
KFIQ-LP, Lubbock, TX.
KILA-LP, Cherry Valley, CA.
KMRZ-LP, Moreno Valley, CA .
KRMV-LP, Walnut, CA.
KRPE-LP, Banning, CA.
KRVD-LP, Banning, CA.
KSCZ-LP, Greenfield, CA .
KSGO-LP, Chico, CA .
WXOX-LP, Cleveland, OH.

     ABC and Fox affiliates offering syndicated programming 
throughout the day in English should not be identified as specialty 
stations:

WPRU-LP, Aguadilla, PR.
WSJX-LP, Aguadilla, PR.
WVXF(TV), Charlotte Amalie, USVI.

     Stations offering a radio programming format should not be 
identified as specialty stations:
KFMP-LP, Lubbock, TX.
WLFM-LP, Chicago, IL.

     The following Port Jervis, NY licensed stations for which 
there is no evidence of construction or the type of programming 
broadcast should not be identified as specialty stations:

W20CM.
W26DB.
W34d1.
W42DQ.
W49DK.
W52DW.
W59EA.
Before compiling a new list of specialty stations, television broadcast 
stations that have filed affidavits attesting to their specialty 
station status should have the opportunity to rebut any objections 
filed to their identification as a specialty station and clarify their 
status for the purposes expressed herein. On this point, it should be 
noted that over twenty years ago, the Office implemented policies and 
procedures concerning notice to the public regarding specialty 
stations, the point of which was to provide all interested parties with 
a chance to comment on those stations claiming specialty status. The 
goal was to establish a set of facts so that cable systems can make an 
informed decision as to whether copyright owners might continue to 
contest the carriage of a particular station on a specialty basis. It 
was the Office's intention at that time that the notice, publication, 
and objection procedures would give all parties a chance to cooperate 
in their assessment of the specialty stations on the list. 54 FR 38461, 
38464 (September 18, 1989). To that end, the Office contacted the 
representatives of stations for which it had received written 
objections and gave them an opportunity to respond. See 56 FR 61056 
(November 29, 1991). Today, the Office is requesting written comments 
in response to the objections received from MPAA, which may be viewed 
at http://www.copyright.gov/docs/specialtystations/objections-PS- 
2011.pdf.
    In addition to this notice, the Office will also contact each of 
the broadcast stations informing it that an objection has been filed to 
its representation that it is a specialty station and advising that it 
may respond to that objection. Responses from the broadcaster must be 
filed with the Office no later than January 9, 2012. A broadcaster that 
has determined that its station should not be considered as a specialty 
station at this time may inform the Office of this fact and the station 
will not be included on the final list. However, unless a broadcaster 
asks to be removed from the list of specialty stations, it will be 
included on the final list with an annotation to denote that an 
objection had been filed to the station's characterizing itself as a 
specialty station.
    The Office will place in the public file together with the relevant 
affidavit any objection received and response thereto. With regard to 
the treatment of contested specialty stations after this proceeding 
concludes, it is important to note that the Licensing Division 
examiners will look at these stations in the same way they have done in 
the past. That is, if a cable operator claims specialty station status 
for a contested station on the list, the examiner will inform the 
operator by letter that a particular party objects to the ``specialty 
characterization.'' See 54 FR 38461, 38464 (September 18, 1989). The 
cable operator then has the opportunity to file an amended Statement of 
Account and recalculate royalties, if the operator so chooses.
    MPAA also contended that the Register has the authority to 
determine whether a particular station is properly identified as a 
specialty station. In its objection, MPAA referred to the standards set 
forth in 17 U.S.C. 411(b)(1) regarding the use of a registration 
certificate for purposes of filing an infringement suit, noting that 
the

[[Page 69290]]

certificate of registration would not be valid for this purpose if the 
application contained inaccurate information which, ``if known would 
have caused the Register of Copyrights to refuse registration.'' MPAA 
maintained that the same principle should apply in the case of 
specialty stations where the Office has accurate information to make a 
final determination as to whether a particular station should be 
characterized as a specialty station. The Office, however, has not made 
such determinations in the past and has stated that ``it should not 
itself verify the specialty station status of particular stations,'' 54 
FR 38466 (September 18, 1989), although it has relied on rulings made 
by the Federal Communications Commission with respect to the 
retransmission of English-speaking stations in Puerto Rico. See, e.g., 
letter from Marilyn Kretsinger, Assistant General Counsel, to 
Christopher Cinnamon on February 14, 1997. Rather, the Office provides 
periodically an updated annotated list so that ``cable systems can make 
an informed decision as to whether MPAA or any other party might 
contest the system's carriage of a particular station on a specialty 
basis.'' 56 FR 61056 (November 29, 1991). These policies and practices 
do not support MPAA's contention that the Office can make 
determinations regarding the specialty status of a particular station. 
Nevertheless, the Office seeks comment on MPAA's contention that 17 
U.S.C. 411(b)(1) provides authority for or is relevant to whether the 
Office can make a final determination on the classification of a 
broadcast station as a specialty station.
    New Specialty Station Claims. Since the publication of the initial 
list, the Office has received 24 additional affidavits, attesting to 
the specialty station status of the 24 identified stations. Because the 
Office has received a substantial number of late filed affidavits, the 
Office finds it necessary to seek input from the public regarding the 
asserted specialty station status of these particular stations. Any 
interested party may file an objection to these newly listed stations. 
Such objections are due no later than December 8, 2011 and [a list will 
be] will be posted on the Office's Web site shortly after that 
deadline. The Office will also accept responses to these objections. 
Such responses are due January 9, 2012. After comments or objections 
are received in response to this Notice, the Office plans to publish a 
final list of specialty stations that shall be effective January 1, 
2012, for the accounting period 2012/1 and thereafter. The Office also 
notes that while the current practice is to accept late filed 
affidavits after the publication of the final list, it will be 
reexamining this practice in an upcoming rulemaking proceeding.

New List of Additional Specialty Stations: Call Letter and Cities of 
License

KCGI-CA, Cape Girardeau, MO .
KCSO-LD, Sacramento, CA.
W07DP-D35, Harrisburg, PA .
W14DFD-TV14, Elliotsburg, PA .
W16COD-TV16, Middleburg, PA .
W29CO-TV29, Sharon, PA .
W45BT-TV45, Brookville, PA.
W46EJ-D21, Clarksburg, WV.
WAQP, Saginaw, MI .
WBNF-CA, Buffalo, NY .
WDWO-CA, Detroit, MI .
WDYR-CA, Dyersburg, TN.
WINM, Angola, IN.
WKBS-TV47, Altoona, PA.
WMBC-TV, Newton, NJ .
WNYB, Jamestown, NY .
WPCB-TV40, Greensburg, PA.
WRAY-TV, Wilson, NC .
WRLM, Canton, OH .
WTCT-Marion, IL .
WTLJ, Muskegon, MI.
WXLI, Greensboro, NC .
XERV-TV, Reynosa, Tamaulipas, Mexico.
XHAB-TV, Matamoros, Tamaulipas, Mexico.

    Dated: November 2, 2011.
Maria A. Pallante,
Register of Copyrights.
[FR Doc. 2011-28939 Filed 11-7-11; 8:45 am]
BILLING CODE 1410-30-P