Cable Statutory License: Specialty Station List, 18869-18871 [2012-7430]

Download as PDF 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: VerDate Mar<15>2010 17:29 Mar 27, 2012 Jkt 226001 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 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 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 E:\FR\FM\28MRN1.SGM 28MRN1 tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 17:29 Mar 27, 2012 Jkt 226001 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 PO 00000 Frm 00085 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 E:\FR\FM\28MRN1.SGM 28MRN1 tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 17:29 Mar 27, 2012 Jkt 226001 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 PO 00000 Frm 00086 Fmt 4703 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 http://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]


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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: 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