Cable Statutory License: Specialty Station List, 18869-18871 [2012-7430]
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Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Notices
18869
Family of one
Family of two
Family of three
Family of four
Family of five
Family of six
$11,569
11,744
11,808
12,012
12,279
12,334
12,416
12,454
12,476
12,672
12,671
12,674
12,871
13,264
13,325
13,349
13,513
13,951
14,021
14,045
14,593
14,731
15,016
15,297
15,342
15,422
15,614
15,705
16,114
16,680
16,960
17,097
18,042
18,104
18,436
$18,953
19,247
19,350
19,679
20,116
20,218
20,342
20,406
20,436
20,765
20,769
20,774
21,098
21,743
21,846
21,875
22,146
22,868
22,977
23,011
23,917
24,140
24,605
25,057
25,141
25,277
25,589
25,737
26,397
27,326
27,784
28,017
29,556
29,668
30,205
$26,013
26,430
26,560
27,012
27,609
27,760
27,931
28,008
28,055
28,508
28,511
28,520
28,958
29,841
29,979
30,030
30,406
31,393
31,547
31,588
32,825
33,143
33,770
34,402
34,510
34,695
35,135
35,327
36,243
37,519
38,147
38,455
40,580
40,724
41,465
$32,109
32,617
32,781
33,341
34,082
34,261
34,477
34,578
34,629
35,186
35,188
35,205
35,749
36,836
37,012
37,064
37,530
38,745
38,944
38,992
40,521
40,915
41,689
42,465
42,595
42,832
43,364
43,606
44,737
46,311
47,090
47,469
50,089
50,272
51,191
$37,894
38,493
38,691
39,348
40,220
40,433
40,685
40,811
40,873
41,528
41,528
41,547
42,185
43,473
43,681
43,738
44,293
45,727
45,955
46,020
47,823
48,281
49,198
50,114
50,271
50,542
51,177
51,465
52,795
54,652
55,569
56,023
59,110
59,324
60,408
$44,316
45,014
45,244
46,012
47,036
47,287
47,577
47,730
47,798
48,565
48,564
48,587
49,344
50,835
51,087
51,154
51,803
53,468
53,750
53,813
55,923
56,471
57,540
58,605
58,788
59,118
59,845
60,188
61,746
63,920
64,984
65,509
69,133
69,378
70,654
Signed at Washington, DC, this 12th day of
March, 2012.
Jane Oates,
Assistant Secretary for Employment and
Training.
[FR Doc. 2012–7377 Filed 3–27–12; 8:45 am]
BILLING CODE 4510–FT–P
LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2011–1]
Cable Statutory License: Specialty
Station List
Copyright Office, Library of
Congress.
ACTION: Final specialty station list.
AGENCY:
The Copyright Office is
publishing a final list of stations listed
in affidavits sent to the Copyright Office
in which the owner or licensee of the
station attests that the station qualifies
as a specialty station in accordance with
the Federal Communications
Commission’s (‘‘FCC’’) definition of
specialty station in effect on June 24,
1981. The list shall be used to verify the
specialty station status of those stations
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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identified as such by cable systems on
their semi-annual statements of account.
DATES: Effective Date: March 28, 2012.
Applicability Dates: The list is
applicable to statements of account filed
with the Copyright Office beginning
with the first accounting period of 2012
covering January 1, 2012 to June 30,
2012.
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, 17 U.S.C. 111, 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
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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
governing the carriage of distant
network station signals in the 1970s.
However, 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.
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.
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). The Office published its first
specialty station list in 1990 under these
procedures which allowed the owner of
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18870
Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Notices
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 and has
done so on several occasions.
Accordingly, on January 28, 2011, the
Office again initiated a proceeding to
update the list with the publication of
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).
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’’) made such a filing and
objected to the inclusion of certain
television stations. 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 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.
In a subsequent notice, the Office
provided an opportunity for the
television broadcast stations that had
filed affidavits attesting to their
specialty station status the opportunity
to rebut any objections filed to their
identification as a specialty station and
clarify their status for the purposes
expressed herein. Moreover, the Office
sought comment on MPAA’s contention
that 17 U.S.C. 411(b)(1) provides
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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.
See 76 FR 69288 (Nov. 22, 2011). In
addition, in keeping with its earlier
practices, the Office notified each
station directly of the objection to its
filing and of the opportunity to file
reply comments in support of its
affidavit.
Storefront Television, LLC d/b/a
Caribbean Broadcasting Network
(‘‘Storefront’’), the licensee of WPRU–
LP, WSJX–LP, and WVXF(TV)
responded to the objection of the MPAA
to the inclusion of its three stations in
the specialty station list compiled by the
Office. It commented that the FCC
determined that English language
programming is foreign language
programming in Puerto Rico and
English language stations imported into
the San Juan market are considered
specialty stations. See Cable Television
Co. of Puerto Rico, 46 FCC 2d 1096
(1974); Cable TV Puerto Rico, 68 FCC 2d
609 (1978). It asserted that WPRU–LP
and WSJX–LP, as English language
stations licensed in Puerto Rico,
qualified as specialty stations. With
regard to WVXF(TV), Storefront stated
that this television station is licensed to
the US Virgin Islands, but its English
language programming is imported into
Puerto Rico. It concluded that this
station also qualified as a specialty
station under the circumstances. See
Storefront Reply to Opposition at 1–2.
Venture Technologies Group,
LLC(‘‘VTG’’) (licensee of WNYA–CA,
KHTV–LP, WNJJ–LD, KEBK–LP, KFIQ–
LP, KILA–LP, KMRZ–LP, KRMV–LP,
KRPE–LP, KRVD–LP, KSCZ–LP, KSGO–
LP, WXOX–LP, KFMP–LP, KDBK–LP,
W20CM, W26DB, W34DI, W42CX,
W46DQ, W49DK, W52DW, W59EA),
Four Seasons Peoria, LLC (licensee of
WBQD–LP), World Television of
Washington, LLC, and WLFM, LLC
(licensee of WLFM–LP) also filed a
response to MPAA’s objection to the
inclusion of several of their stations on
the specialty station list compiled by the
Office. These four broadcast groups
asserted that their listed stations carry
automated programming in at least onethird of the hours of an average
broadcast week and one third of the
weekly prime-time hours. They
concluded that all listed stations
qualified as specialty stations under the
FCC’s former rules and the affidavits
submitted asserting the status of each
station are accurate. They also stated
that the fact that a licensed station is
temporarily off the air because of
technical or other considerations should
not prevent that station from being
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Fmt 4703
Sfmt 4703
included on the Specialty Station list as
long as the station met the FCC’s criteria
for a specialty station prior to going
silent and will meet the criteria when it
returns to the air. See VTG et. al. Reply
to Opposition at 1–3.
No one, however, filed comments
responsive to the Office’s request
regarding the Register’s authority to
resolve any dispute concerning the
identification of a particular station as a
specialty station. Nevertheless, the
Office has considered MPAA’s
arguments and rejects its contention that
Section 411(b)(1) provides any basis for
the Register to make these
determinations. Contrary to MPAA’s
claims, there is no statutory authority
under this provision for the Register to
make any substantive determinations
with regard to specialty station status.
In 2008, Congress passed the
Prioritizing Resources and Organization
for Intellectual Property Act, Public Law
110–403, which inter alia added a new
paragraph 411(b) to ensure that no court
holds a registration certificate invalid
due to what it considers to be a
misstatement on an application without
first obtaining input from the Register as
to whether the application was properly
filed. The legislative history states that
Congress adopted this amendment ‘‘to
prevent intellectual property thieves
from exploiting th[e] potential
loophole’’ that would allow them to
argue that ‘‘a mistake in the registration
documents, such as checking the wrong
box on the registration form, renders a
registration invalid and thus forecloses
the availability of statutory damages.’’
H.Rep. No. 110–617, at 24 (2008).
The language of this provision is
solely directed at registration. There are
no words, phrases or terms that tie this
provision in any way to Section 111,
much less specialty stations. Nor does it
convey any general authority on the
Register to opine on the characterization
of a station as a specialty station under
a defunct FCC regulation. Rather,
Section 411(b) is a narrowly crafted
provision that provides a mechanism for
the court to seek an opinion from the
Register on the consequences of an error
on the registration certificate under the
Copyright Office’s policies and
practices.
The Office also rejects MPAA’s
suggestion that the Office adopt the
principles of Section 411(b) to deny
specialty station status based on the
information provided in the affidavit.
Whereas the Office’s registration
practices and policies provide a basis
for the Office to advise the court on the
significance of an error on the
certificate, the same is not true with
respect to the specialty station list. The
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Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Notices
policies and procedures for creating this
list are limited in scope and do not
establish a process by which the Office
can resolve the specialty station status
of a particular station, regardless of the
purported facts. Since the inception of
this process, the Office has stated
clearly that it would not play a role in
determining the merits of a specialty
station claim, noting that ‘‘it should not
itself verify the specialty station status
of particular stations.’’ 54 FR 38466
(September 18, 1989). The Office has
also commented that it periodically
provides 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). In light of these
policies and practices, there is no
support for MPAA’s contention that the
Office can make determinations
regarding the specialty status of a
particular station under the principles
underlying Section 411(b).
As noted above, the Office received
affidavits from 63 broadcast stations for
which the owner or licensee of the
television station had filed the
requested affidavit. Since the
publication of the initial list, the Office
received 24 additional affidavits,
attesting to the specialty station status of
the 24 identified stations. Because the
Office received a substantial number of
late filed affidavits, the Office found it
necessary to seek input from the public
regarding the asserted specialty station
status of these particular stations and
allow any interested party to file an
objection to these newly listed stations.
See 76 FR 69288 (November 8, 2011).
No one filed any objections to the
television stations listed in this most
recent Federal Register publication. As
such, these stations shall be duly listed
here.
The final list of specialty stations, as
identified in the affidavits and
published herein, shall be applicable to
accounting periods beginning on
January 1, 2012. Licensing examiners
shall refer to the final annotated list in
examining a statement of account where
a cable system operator claims specialty
station status for a particular station. If
a cable system operator claims specialty
station status for a station not on the
published final list, the examiner shall
determine whether the owner of the
station has filed an affidavit since
publication of the list.
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
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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
station characterization.’’ See 54 FR
38461, 38464 (September 18, 1989). The
cable operator may then file an
amended Statement of Account and
recalculate royalties, if the operator so
chooses.
Final Specialty Station List
CBAFT, Moncton, New Brunswick, Canada
CBFT, Montreal, Quebec, Canada
CBKFT, Regina, Saskatchewan, Canada
CBLFT, Toronto, Ontario, Canada
CBOFT, Ottawa, Ontario, Canada
CBUFT, Vancouver, British Columbia,
Canada
CBVT, Quebec City, Quebec, Canada
CBWFT, Winnipeg, Manitoba, Canada
CBXFT, Edmonton, Alberta, Canada
CHLT–TV, Sherbrooke, Quebec, Canada
CIMT, Riviere-du-Loup, Quebec, Canada
CJBR, Rimouski, Quebec, Canada
CKSH, Sherbrooke, Quebec, Canada
CKTM, Trois-Rivieres, Quebec, Canada
CKTV, Saguenay, Quebec, Canada
K24IC–D, Bellingham, WA
KAZA–DTV, Avalon, CA
KBBC–TV, Bishop, CA
KBCB, Bellingham, WA
KBFD–DT, Honolulu, HI
KBKF–LP, San Jose, CA
KCGI–CA, Cape Girardeau, MO
KCSO–LD, Sacramento, CA
KDBK–LP, Caliente, CA
KEBK–LP, Bakersfield, CA
KEFM–LP, Chico, CA
KFIQ–LP, Lubbock, TX
KFMP–LP, Lubbock, TX
KHTV–LP, Los Angeles, CA
KILA–LP, Cherry Valley, CA
KMRZ–LP, Moreno Valley, CA
KNET–CA, Los Angeles, CA
KNLA–LP, Los Angeles, CA
KNNN–LP, Redding, CA
KRMV–LP, Walnut, CA
KRPE–LP, Banning, CA
KRVD–LP, Banning, CA
KSCZ–LP, Greenfield, CA
KSFV–CA, Los Angeles, CA
KSGO–LP, Chico, CA
KSXC–LP, S. Sioux City, NE
KTSF, San Francisco, CA
KWHY–TV, Los Angeles, CA
KWTA–LP, Tucson, AZ
W07DP–D35, Harrisburg, PA
W14DFD–TV14, Elliotsburg, PA
W16COD–TV16, Middleburg, PA
W20CM, Port Jervis, NY
W26DB, Port Jervis, NY
W29CO–TV29, Sharon, PA
W34DI, Port Jervis, NY
W42CX, Port Jervis, NY
W45BT–TV45, Brookville, PA
W46DQ, Port Jervis, NY
W46EJ–D21, Clarksburg, WV
W49DK, Port Jervis, NY
W52DW, Port Jervis, NY
W59EA, Port Jervis, NY
WAQP, Saginaw, MI
WBNF–CA, Buffalo, NY
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Sfmt 4703
18871
WBPA–LP, Pittsburgh, PA
WBQD–LP, Davenport, IA
WCHU–LP, Chicago, IL
WDWO–CA, Detroit, MI
WDYR–CA, Dyersburg, TN
WHCT–LP, Hartford/Springfield, CT
WINM, Angola, IN
WKBS–TV47, Altoona, PA
WLFM–LP, Chicago, IL
WLJC–TV, Beattyville, KY
WLXI, Greensboro, NC
WMBC–TV, Newton, NJ
WNJJ–LD, Paterson, NJ
WNYA–CA, Kinderhook, NY
WNYB, Jamestown, NY
WPCB–TV40, Greensburg, PA
WPRU–LP, Aguadilla, P.R.
WRAY–TV, Wilson, NC
WRLM, Canton, OH
WSJP–LP, Aguadilla, P.R.
WSJX–LP, Aguadilla, P.R.
WTCT–Marion, IL
WTLJ, Muskegon, MI
WVXF(TV), Charlotte Amalie, USVI
WXLI, Greensboro, NC
WXOX–LP, Cleveland, OH
XERV–TV, Reynosa, Tamaulipas, Mexico
XHAB–TV, Matamoros, Tamaulipas, Mexico
Dated: March 21, 2012.
Maria A. Pallante,
Register of Copyrights.
[FR Doc. 2012–7430 Filed 3–27–12; 8:45 am]
BILLING CODE 1410–30–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2011–0025]
Administrative Guide for Verifying
Compliance With Packaging
Requirements for Shipment and
Receipt of Radioactive Material
Nuclear Regulatory
Commission.
ACTION: Regulatory guide; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC or Commission) is
issuing a revision to Regulatory Guide
7.7, ‘‘Administrative Guide for Verifying
Compliance with Packaging
Requirements for Shipment and Receipt
of Radioactive Material.’’ This
regulatory guide describes an approach
the staff of the NRC considers
acceptable for meeting the
administrative requirements associated
with the shipment and receipt of
radioactive materials.
ADDRESSES: Please refer to Docket ID
NRC–2011–0025 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and is publicly available,
using the following methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
SUMMARY:
E:\FR\FM\28MRN1.SGM
28MRN1
]]>Agencies
[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Notices]
[Pages 18869-18871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7430]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2011-1]
Cable Statutory License: Specialty Station List
AGENCY: Copyright Office, Library of Congress.
ACTION: Final specialty station list.
-----------------------------------------------------------------------
SUMMARY: The Copyright Office is publishing a final list of stations
listed in affidavits sent to the Copyright Office in which the owner or
licensee of the station attests that the station qualifies as a
specialty station in accordance with the Federal Communications
Commission's (``FCC'') definition of specialty station in effect on
June 24, 1981. The list shall be used to verify the specialty station
status of those stations identified as such by cable systems on their
semi-annual statements of account.
DATES: Effective Date: March 28, 2012.
Applicability Dates: The list is applicable to statements of
account filed with the Copyright Office beginning with the first
accounting period of 2012 covering January 1, 2012 to June 30, 2012.
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, 17 U.S.C.
111, 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 governing the carriage of distant network station
signals in the 1970s. However, 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.
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. 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). The
Office published its first specialty station list in 1990 under these
procedures which allowed the owner of
[[Page 18870]]
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 and has done so on several occasions.
Accordingly, on January 28, 2011, the Office again initiated a
proceeding to update the list with the publication of 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).
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'') made such a filing and objected
to the inclusion of certain television stations. 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 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.
In a subsequent notice, the Office provided an opportunity for the
television broadcast stations that had filed affidavits attesting to
their specialty station status the opportunity to rebut any objections
filed to their identification as a specialty station and clarify their
status for the purposes expressed herein. Moreover, the Office sought
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. See 76 FR 69288 (Nov. 22, 2011). In addition, in
keeping with its earlier practices, the Office notified each station
directly of the objection to its filing and of the opportunity to file
reply comments in support of its affidavit.
Storefront Television, LLC d/b/a Caribbean Broadcasting Network
(``Storefront''), the licensee of WPRU-LP, WSJX-LP, and WVXF(TV)
responded to the objection of the MPAA to the inclusion of its three
stations in the specialty station list compiled by the Office. It
commented that the FCC determined that English language programming is
foreign language programming in Puerto Rico and English language
stations imported into the San Juan market are considered specialty
stations. See Cable Television Co. of Puerto Rico, 46 FCC 2d 1096
(1974); Cable TV Puerto Rico, 68 FCC 2d 609 (1978). It asserted that
WPRU-LP and WSJX-LP, as English language stations licensed in Puerto
Rico, qualified as specialty stations. With regard to WVXF(TV),
Storefront stated that this television station is licensed to the US
Virgin Islands, but its English language programming is imported into
Puerto Rico. It concluded that this station also qualified as a
specialty station under the circumstances. See Storefront Reply to
Opposition at 1-2.
Venture Technologies Group, LLC(``VTG'') (licensee of WNYA-CA,
KHTV-LP, WNJJ-LD, KEBK-LP, KFIQ-LP, KILA-LP, KMRZ-LP, KRMV-LP, KRPE-LP,
KRVD-LP, KSCZ-LP, KSGO-LP, WXOX-LP, KFMP-LP, KDBK-LP, W20CM, W26DB,
W34DI, W42CX, W46DQ, W49DK, W52DW, W59EA), Four Seasons Peoria, LLC
(licensee of WBQD-LP), World Television of Washington, LLC, and WLFM,
LLC (licensee of WLFM-LP) also filed a response to MPAA's objection to
the inclusion of several of their stations on the specialty station
list compiled by the Office. These four broadcast groups asserted that
their listed stations carry automated programming in at least one-third
of the hours of an average broadcast week and one third of the weekly
prime-time hours. They concluded that all listed stations qualified as
specialty stations under the FCC's former rules and the affidavits
submitted asserting the status of each station are accurate. They also
stated that the fact that a licensed station is temporarily off the air
because of technical or other considerations should not prevent that
station from being included on the Specialty Station list as long as
the station met the FCC's criteria for a specialty station prior to
going silent and will meet the criteria when it returns to the air. See
VTG et. al. Reply to Opposition at 1-3.
No one, however, filed comments responsive to the Office's request
regarding the Register's authority to resolve any dispute concerning
the identification of a particular station as a specialty station.
Nevertheless, the Office has considered MPAA's arguments and rejects
its contention that Section 411(b)(1) provides any basis for the
Register to make these determinations. Contrary to MPAA's claims, there
is no statutory authority under this provision for the Register to make
any substantive determinations with regard to specialty station status.
In 2008, Congress passed the Prioritizing Resources and
Organization for Intellectual Property Act, Public Law 110-403, which
inter alia added a new paragraph 411(b) to ensure that no court holds a
registration certificate invalid due to what it considers to be a
misstatement on an application without first obtaining input from the
Register as to whether the application was properly filed. The
legislative history states that Congress adopted this amendment ``to
prevent intellectual property thieves from exploiting th[e] potential
loophole'' that would allow them to argue that ``a mistake in the
registration documents, such as checking the wrong box on the
registration form, renders a registration invalid and thus forecloses
the availability of statutory damages.'' H.Rep. No. 110-617, at 24
(2008).
The language of this provision is solely directed at registration.
There are no words, phrases or terms that tie this provision in any way
to Section 111, much less specialty stations. Nor does it convey any
general authority on the Register to opine on the characterization of a
station as a specialty station under a defunct FCC regulation. Rather,
Section 411(b) is a narrowly crafted provision that provides a
mechanism for the court to seek an opinion from the Register on the
consequences of an error on the registration certificate under the
Copyright Office's policies and practices.
The Office also rejects MPAA's suggestion that the Office adopt the
principles of Section 411(b) to deny specialty station status based on
the information provided in the affidavit. Whereas the Office's
registration practices and policies provide a basis for the Office to
advise the court on the significance of an error on the certificate,
the same is not true with respect to the specialty station list. The
[[Page 18871]]
policies and procedures for creating this list are limited in scope and
do not establish a process by which the Office can resolve the
specialty station status of a particular station, regardless of the
purported facts. Since the inception of this process, the Office has
stated clearly that it would not play a role in determining the merits
of a specialty station claim, noting that ``it should not itself verify
the specialty station status of particular stations.'' 54 FR 38466
(September 18, 1989). The Office has also commented that it
periodically provides 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). In light of these
policies and practices, there is no support for MPAA's contention that
the Office can make determinations regarding the specialty status of a
particular station under the principles underlying Section 411(b).
As noted above, the Office received affidavits from 63 broadcast
stations for which the owner or licensee of the television station had
filed the requested affidavit. Since the publication of the initial
list, the Office received 24 additional affidavits, attesting to the
specialty station status of the 24 identified stations. Because the
Office received a substantial number of late filed affidavits, the
Office found it necessary to seek input from the public regarding the
asserted specialty station status of these particular stations and
allow any interested party to file an objection to these newly listed
stations. See 76 FR 69288 (November 8, 2011). No one filed any
objections to the television stations listed in this most recent
Federal Register publication. As such, these stations shall be duly
listed here.
The final list of specialty stations, as identified in the
affidavits and published herein, shall be applicable to accounting
periods beginning on January 1, 2012. Licensing examiners shall refer
to the final annotated list in examining a statement of account where a
cable system operator claims specialty station status for a particular
station. If a cable system operator claims specialty station status for
a station not on the published final list, the examiner shall determine
whether the owner of the station has filed an affidavit since
publication of the list.
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 station characterization.'' See 54 FR 38461, 38464
(September 18, 1989). The cable operator may then file an amended
Statement of Account and recalculate royalties, if the operator so
chooses.
Final Specialty Station List
CBAFT, Moncton, New Brunswick, Canada
CBFT, Montreal, Quebec, Canada
CBKFT, Regina, Saskatchewan, Canada
CBLFT, Toronto, Ontario, Canada
CBOFT, Ottawa, Ontario, Canada
CBUFT, Vancouver, British Columbia, Canada
CBVT, Quebec City, Quebec, Canada
CBWFT, Winnipeg, Manitoba, Canada
CBXFT, Edmonton, Alberta, Canada
CHLT-TV, Sherbrooke, Quebec, Canada
CIMT, Riviere-du-Loup, Quebec, Canada
CJBR, Rimouski, Quebec, Canada
CKSH, Sherbrooke, Quebec, Canada
CKTM, Trois-Rivieres, Quebec, Canada
CKTV, Saguenay, Quebec, Canada
K24IC-D, Bellingham, WA
KAZA-DTV, Avalon, CA
KBBC-TV, Bishop, CA
KBCB, Bellingham, WA
KBFD-DT, Honolulu, HI
KBKF-LP, San Jose, CA
KCGI-CA, Cape Girardeau, MO
KCSO-LD, Sacramento, CA
KDBK-LP, Caliente, CA
KEBK-LP, Bakersfield, CA
KEFM-LP, Chico, CA
KFIQ-LP, Lubbock, TX
KFMP-LP, Lubbock, TX
KHTV-LP, Los Angeles, CA
KILA-LP, Cherry Valley, CA
KMRZ-LP, Moreno Valley, CA
KNET-CA, Los Angeles, CA
KNLA-LP, Los Angeles, CA
KNNN-LP, Redding, CA
KRMV-LP, Walnut, CA
KRPE-LP, Banning, CA
KRVD-LP, Banning, CA
KSCZ-LP, Greenfield, CA
KSFV-CA, Los Angeles, CA
KSGO-LP, Chico, CA
KSXC-LP, S. Sioux City, NE
KTSF, San Francisco, CA
KWHY-TV, Los Angeles, CA
KWTA-LP, Tucson, AZ
W07DP-D35, Harrisburg, PA
W14DFD-TV14, Elliotsburg, PA
W16COD-TV16, Middleburg, PA
W20CM, Port Jervis, NY
W26DB, Port Jervis, NY
W29CO-TV29, Sharon, PA
W34DI, Port Jervis, NY
W42CX, Port Jervis, NY
W45BT-TV45, Brookville, PA
W46DQ, Port Jervis, NY
W46EJ-D21, Clarksburg, WV
W49DK, Port Jervis, NY
W52DW, Port Jervis, NY
W59EA, Port Jervis, NY
WAQP, Saginaw, MI
WBNF-CA, Buffalo, NY
WBPA-LP, Pittsburgh, PA
WBQD-LP, Davenport, IA
WCHU-LP, Chicago, IL
WDWO-CA, Detroit, MI
WDYR-CA, Dyersburg, TN
WHCT-LP, Hartford/Springfield, CT
WINM, Angola, IN
WKBS-TV47, Altoona, PA
WLFM-LP, Chicago, IL
WLJC-TV, Beattyville, KY
WLXI, Greensboro, NC
WMBC-TV, Newton, NJ
WNJJ-LD, Paterson, NJ
WNYA-CA, Kinderhook, NY
WNYB, Jamestown, NY
WPCB-TV40, Greensburg, PA
WPRU-LP, Aguadilla, P.R.
WRAY-TV, Wilson, NC
WRLM, Canton, OH
WSJP-LP, Aguadilla, P.R.
WSJX-LP, Aguadilla, P.R.
WTCT-Marion, IL
WTLJ, Muskegon, MI
WVXF(TV), Charlotte Amalie, USVI
WXLI, Greensboro, NC
WXOX-LP, Cleveland, OH
XERV-TV, Reynosa, Tamaulipas, Mexico
XHAB-TV, Matamoros, Tamaulipas, Mexico
Dated: March 21, 2012.
Maria A. Pallante,
Register of Copyrights.
[FR Doc. 2012-7430 Filed 3-27-12; 8:45 am]
BILLING CODE 1410-30-P
