Satellite Television Community Protection and Promotion Act of 2019 Study: Notice and Request for Public Comment, 578-581 [2020-29231]
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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
Issued: December 30, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020–29199 Filed 1–5–21; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
[OMB Number 1140–NEW]
Agency Information Collection
Activities; Proposed eCollection for
eComments Requested; New
Information Collection; Prohibited
Persons Questionnaire—ATF Form
8620.57
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 60-Day notice.
AGENCY:
The Bureau of Alcohol,
Tobacco, Firearms and Explosives
(ATF), Department of Justice (DOJ), will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
The proposed information collection
(IC) is also being published to obtain
comments from the public and affected
agencies.
DATES: Comments are encouraged and
will be accepted for 60 days until March
8, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have additional comments,
regarding the estimated public burden
or associated response time,
suggestions, or need a copy of the
proposed information collection
instrument with instructions, or
additional information, please contact:
Lakisha Gregory, Chief, Personnel
Security Division, either by mail at 99
New York Avenue NE, Washington, DC
20226, by email at Lakisha.Gregory@
atf.gov, or by telephone at 202–648–
9260.
SUMMARY:
Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
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SUPPLEMENTARY INFORMATION:
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—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
Overview of This Information
Collection
1. Type of Information Collection
(check justification or form 83): New
collection.
2. The Title of the Form/Collection:
Prohibited Persons Questionnaire.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form number (if applicable): ATF
Form 8620.57.
Component: Bureau of Alcohol,
Tobacco, Firearms and Explosives, U.S.
Department of Justice.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Individuals or households.
Other (if applicable): None.
Abstract: The Prohibited Persons
Questionnaire—ATF Form 8620.57 will
be used to determine if a candidate for
Federal or contractor employment at the
Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF), is prohibited
from possessing or receiving firearms or
explosives as described in 18 U.S.C.
922(g) or (n), and/or 18 U.S.C. 842(i).
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 2,000
respondents will use the form annually,
and it will take each respondent
approximately 5 minutes to complete
their responses.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
167 hours, which is equal to 2,000 (# of
respondents) * 0.0833333 (5 minutes).
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
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Square, 145 N Street NE, 3E.405A,
Washington, DC 20530.
Dated: December 30, 2020.
Melody Braswell,
Department Clearance Officer for PRA,
Department of Justice.
[FR Doc. 2020–29197 Filed 1–5–21; 8:45 am]
BILLING CODE 4410–18–P
LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2020–13]
Satellite Television Community
Protection and Promotion Act of 2019
Study: Notice and Request for Public
Comment
Copyright Office, Library of
Congress.
ACTION: Notice of Inquiry.
AGENCY:
The U.S. Copyright Office is
initiating a study to evaluate the impact
on the satellite television market of the
Satellite Television Community
Protection and Promotion Act of 2019’s
adoption of new statutory requirements
for certain uses of the section 119
compulsory license for distant-into-local
satellite transmission, and sunsetting of
other uses from the license. The Office
seeks public comment on this topic to
assist in preparing a report to Congress.
DATES: Written comments are due on or
before March 8, 2021.
ADDRESSES: The Copyright Office is
using the regulations.gov system for the
submission and posting of public
comments in this proceeding. All
comments are therefore to be submitted
electronically through regulations.gov.
Specific instructions are available on
the Copyright Office website at https://
www.copyright.gov/policy/119. If
electronic submission of comments is
not feasible due to lack of access to a
computer and/or the internet, please
contact the Office, using the contact
information below, for special
instructions.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Kimberley Isbell, Deputy Director of
Policy and International Affairs,
kisbell@copyright.gov, or Chris Weston,
Senior Counsel for Policy and
International Affairs, cwes@
copyright.gov. They can be reached by
telephone at 202–707–3000.
SUPPLEMENTARY INFORMATION: On
December 20, 2019, the President signed
the Satellite Television Community
Protection and Promotion Act of 2019
(‘‘STCPPA’’), which makes permanent
the satellite carrier distant broadcast
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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
signal license found in section 119 of
the Copyright Act (17 U.S.C. 119) for
non-network stations as well as for
network stations transmitted both to
recreational vehicles (‘‘RVs’’) and
commercial trucks and to ‘‘short
markets’’ that lack one or more of the
four most widely available network
stations.1 The STCPPA removes other
previously permitted uses of the license
and requires that a satellite carrier
provide local service in all 210
designated market areas (‘‘DMAs’’) if it
wishes to utilize the section 119
license.2 The STCPPA also amends
several provisions of the
Communications Act.3
Simultaneously with the enactment of
the STCPPA, the Appropriations
Committee of the U.S. House of
Representatives directed the Register of
Copyrights to conduct a study on the
impact of the expiration of the
STCPPA’s predecessor—the STELA
Reauthorization Act of 2014
(‘‘STELAR’’) 4—on the satellite
television market.5 The Committee
expressed concern that the distant
signal provisions of section 119 ‘‘may
provide a below-market incentive for a
mature satellite industry to restrict local
news transmission.’’ 6
I. Background
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A. The Section 119 Distant Broadcast
Signal License
In 1988, Congress enacted the
Satellite Home Viewer Act (‘‘SHVA’’),7
which created a temporary statutory
license (section 119 of the Copyright
Act) for satellite carriers to retransmit
distant network and certain nonnetwork broadcasts to subscribers with
satellite dishes. Distant network
retransmissions were available only to
those subscribers living in ‘‘unserved
households.’’ 8 This statutory license,
1 Satellite Television Community Protection and
Promotion Act of 2019 (‘‘STCPPA’’), Public Law
116–94, 133 Stat. 2534, 3201 (2019).
2 The STCPPA contained a transition provision
that allowed satellite carriers who had been
utilizing the license but did not satisfy the
additional conditions set forth in the STCCPA to
continue to use a limited version of the existing
license through May 31, 2020. That transitional
authorization has now expired. See infra Section
I.B.
3 47 U.S.C. 151 et seq.
4 STELA Reauthorization Act of 2014, Public Law
113–200, 128 Stat. 2059 (2014).
5 Staff of H.R. Comm. on Appropriations, 116th
Cong., Further Consolidated Appropriations Act,
2020, Legislative Text and Explanatory Statement
(Comm. Print 2020). While STCPPA made
permanent several provisions of STELAR, it also
allowed other provisions to expire.
6 Id.
7 Public Law 100–667, 102 Stat. 3949.
8 For purposes of the Satellite Home Viewer Act
of 1988, ‘‘unserved households’’ were defined as
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also known as a compulsory license,
allowed satellite carriers to retransmit
broadcast signals without the network’s
permission, so long as they paid a
government-determined royalty rate.9
The section 119 license was intended to
encourage satellite carriers to ‘‘develop
and flourish’’ in the absence of a
sufficient marketplace 10 and was
scheduled to expire at the end of 1994.11
The section 119 license created by
SHVA was extended for successive five
year periods in 1994,12 1999,13 2004,14
2010,15 and 2014.16 With each
extension, Congress also modified the
statutory terms of the section 119
license. For example, by the time of the
2014 enactment of STELAR, there were
multiple types of unserved households
eligible to receive distant broadcast
signals defined in the statute, including
RVs, commercial trucks, and
households in ‘‘short markets’’ (markets
where one of the four most viewed
networks is not available from the local
carrier).
In the five years following STELAR’s
reauthorization of the section 119
license, use of that license sharply
decreased. Royalties paid by one of the
two satellite carriers in this market,
AT&T’s DirecTV, decreased by 86.75%
between 2014 and 2018.17 Royalties
households of individuals who live in an area
where they cannot receive a ‘‘Grade B’’ television
signal via a rooftop antenna, and have not, at the
time they become subscribers to a satellite service
that carries a network signal, subscribed within 90
days to a cable system that provides the signal of
a station affiliated with that network. See U.S.
Copyright Office, The Cable and Satellite Carrier
Compulsory Licenses: An Overview and Analysis
104–05 (1992), https://copyright.gov/reports/cablesat-licenses1992.pdf. The section 119 definitions of
‘‘unserved households’’ evolved as the license was
extended over the subsequent 26 years.
9 The Copyright Office has, since 1989,
administered the section 119 license, which
includes collecting statements of account and
royalties from satellite carriers and distributing the
royalties to the appropriate rights holders. See
Statutory License for Secondary Transmissions for
Satellite Carriers— Section 119, U.S. Copyright
Office, https://www.copyright.gov/licensing/sec_
119.html.
10 H.R. Rep. No. 887, 100th Cong., 2d Sess., pt.
1, at 15 (1988). See also H.R. Rep. No. 116–354, at
5 (2019) (‘‘Congress created the section 119 license
during the satellite industry’s nascency to allow
satellite television to better compete with cable.’’).
11 Public Law 100–667, 102 Stat. 3949, 3960.
12 Satellite Home Viewer Act of 1994, Public Law
103–369, 108 Stat. 3477 (1994).
13 Satellite Home Viewer Improvement Act of
1999 (‘‘SHVIA’’), Public Law 106–113, 113 Stat.
1501A–523 (1999).
14 Satellite Home Viewer Extension and
Reauthorization Act of 2004 (‘‘SHVERA’’), Public
Law 108–447, 118 Stat. 3394 (2004).
15 Satellite Television Extension and Localism
Act of 2010 (‘‘STELA’’), Public Law 111–174, 124
Stat. 1218 (2010).
16 STELAR, Public Law 113–200, 128 Stat. 2059
(2014).
17 See U.S. Copyright Office, Analysis and
Recommendations Regarding the Section 119
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579
paid by the other satellite carrier, DISH
Network, decreased by 85% during the
same reporting period.18 In terms of
gross numbers, as of 2019, between
500,000 and 870,000 households
received at least one distant signal
under the pre-STCPPA section 119
license.19 It is estimated that these
subscribers typically live in rural areas
of the United States.20
This decline in use of the section 119
license has been attributed primarily to
the transformation of the television
marketplace since 2014, which is
exemplified by ‘‘over-the-top’’ (‘‘OTT’’)
television services that offer broadcast
network programming over the internet,
such as Hulu with Live TV, YouTube
TV, and Sling TV, none of which rely
upon a statutory license to operate but
instead negotiate licenses with
broadcast networks in the
marketplace.21
B. The Satellite Television Community
Protection and Promotion Act of 2019
With STELAR due to expire at the end
of 2019, and with it the section 119
compulsory license, Congress had to
decide whether to extend the license
again, and, if so, whether the extension
should be for another fixed-year term.
Congress decided not to reauthorize
several of the uses of the license and to
Compulsory License 2 (June 3, 2019), https://
www.copyright.gov/laws/hearings/viewsconcerning-section-119-compulsory-license.pdf.
18 See id. Since the 2018 reporting periods,
satellite receipts have further declined. According
to information from the U.S. Copyright Office’s
Licensing Division, total satellite receipts in 2019
were down 20.8% from 2018, and total satellite
receipts for the first half of 2020 were down 20%
from the first half of 2019. See Licensing Division,
U.S. Copyright Office, Report of Receipts 10/31/
2020, 2, https://www.copyright.gov/licensing/
receipts.pdf.
19 The 500,000 subscribers estimate is from the
National Association of Broadcasters. See Narrow
Satellite Legislation Should Expire as Congress
Intended, Nat’l Ass’n of Broadcasters, 2 (Sept.
2018), https://www.nab.org/documents/newsRoom/
pdfs/NAB_STELAR_expiration.pdf. The 870,000
subscribers estimate is from the Satellite
Broadcasting and Communications Association. See
Reauthorize and Revitalize the Satellite Home
Viewer Act, Satellite Broad. & Commc’ns Ass’n, 1
(last visited Nov. 30, 2020), https://www.sbca.org/
documents/Rural_Sat_Act.pdf. The number of
subscribers who receive distant signals under the
current license is not publicly available.
20 See H.R. Rep. No. 116–354, at 4 (2019); Letter
from Timothy P. McKone, Executive Vice President,
Federal Relations, AT&T, to Jerrold Nadler,
Chairman, and Doug Collins, Ranking Member, U.S.
House of Representatives, Comm. on the Judiciary
1 (Apr. 19, 2019), https://www.copyright.gov/laws/
hearings/views-concerning-section-119-compulsorylicense.pdf.
21 See H.R. Rep. No. 116–354, at 6 (2019); U.S.
Copyright Office, Analysis and Recommendations
Regarding the Section 119 Compulsory License 2
(June 3, 2019), https://www.copyright.gov/laws/
hearings/views-concerning-section-119-compulsorylicense.pdf.
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make others permanent. Specifically, in
the STCPPA,22 Congress removed
coverage of the following ‘‘unserved
households’’ from the section 119
distant network signal license:
• Households that cannot receive a
local over-the-air signal via an
antenna; 23
• Households that receive a waiver
from a local network affiliate to receive
a distant signal; 24
• ‘‘Grandfathered’’ households that
received distant signals via a section
119 license on or before October 31,
1999; 25 and
• Households eligible for the
statutory exemption related to receiving
‘‘C-Band’’ satellite signals.26
For a satellite carrier to transmit distant
signals to these households, it must now
negotiate directly with the broadcaster
for a license.
Additionally, the STCPPA made
availability of the section 119 license for
transmission of distant network signals
permanent for the following ‘‘unserved
households’’:27
• RVs and commercial trucks; 28 and
• Subscribers located in short
markets.29
The STCPPA made the use of the
section 119 license for these purposes
contingent upon satellite carriers
providing local-into-local network
signals to each of the 210 television
designated market areas (‘‘DMAs’’).30 It
also established a transition period
(through May 31, 2020) during which
subscribers covered under STELAR who
were no longer eligible for the new
license (as amended by the STCPPA)
remained eligible to receive distant
network signals from their satellite
carriers.31
In amending section 119, Congress
was particularly concerned with
satellite subscribers’ ability to access
local network stations. As the House
Judiciary Committee described the
situation in its STCPPA Report:
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Most satellite television subscribers receive
local broadcast programming that is
22 STCPPA, Public Law 16–94, 133 Stat. 2534,
3201 (2019).
23 17 U.S.C. 119(d)(10)(A) (text repealed and
replaced by Public Law 116–94, 133 Stat. 2534,
3201 (2019)).
24 17 U.S.C. 119(d)(10)(B) (text repealed and
replaced by Public Law 116–94, 133 Stat. 2534,
3201 (2019)).
25 17 U.S.C. 119(d)(10)(C) (repealed 2019).
26 17 U.S.C. 119(d)(10)(E) (repealed 2019).
27 The STCPPA also made permanent the section
119 license for transmission of distant non-network
signals to all subscribers. See 17 U.S.C. 119(a)(1).
28 17 U.S.C. 119(d)(10)(A).
29 17 U.S.C. 119(d)(10)(B).
30 See 17 U.S.C. 119(a)(2)(A); (f)(7).
31 Public Law 116–94, 133 Stat. 3203 (2019).
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retransmitted from their local network
stations. When a satellite carrier provides
such ‘‘local service,’’ subscribers have access
to important local news, local weather, and
local emergency information. For some
(typically rural) subscribers, instead of seeing
news, weather, or emergency information
from their own towns, they get
retransmissions of ‘‘distant’’ programming
from outside of their local market. Those
subscribers see network programming from a
larger, sometimes much farther, market like
New York or Los Angeles instead.32
In other words, Congress believed that
the section 119 license, operating under
government-set royalty rates, risked
undermining rural communities’ access
to local broadcast stations because it
encouraged satellite carriers to carry
distant-into-local instead of local-intolocal broadcast signals.
In light of that concern, Congress
sought in the STCPPA to account for
‘‘the need to prioritize access to local
programming’’ 33 by requiring every
satellite carrier using the section 119
license to provide local network
television service in all of the 210
DMAs. Additionally, by removing
several household types from coverage
under section 119, Congress believed
that these households would be more
likely to receive local instead of distant
network signals.34 Congress also
‘‘acknowledge[d] the vulnerabilities that
some households might face in a purely
market-based system’’ 35 by
reauthorizing and making permanent
the section 119 license for RVs and
commercial trucks and households in
short markets.
C. The Current Study
In its Committee Print accompanying
the Further Consolidated
Appropriations Act, 2020, the
Committee on Appropriations of the
U.S. House of Representatives, in
agreement with the U.S. Senate,
expressed a ‘‘concern that the distant
signal provision contained in the
STELA Reauthorization Act of 2014
[‘‘STELAR’’] . . . may provide a belowmarket incentive for a mature satellite
industry to restrict local news
transmission.’’ 36 The statement went on
to recognize that STELAR was due to
expire at the end of 2019, and directed
the Register of Copyrights to ‘‘conduct a
study on the impact on the market postexpiration,’’ and deliver the results of
this study to the House and Senate
32 H.R.
Rep. No. 116–354, at 4 (2019).
Rep. No. 116–354, at 6 (2019).
34 H.R. Rep. No. 116–354, at 7 (2019).
35 H.R. Rep. No. 116–354, at 6 (2019).
36 Staff of H.R. Comm. on Appropriations, 116th
Cong., Further Consolidated Appropriations Act,
2020, Legislative Text and Explanatory
Statement(Comm. Print 2020).
33 H.R.
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Committees on Appropriations by June
20, 2021.37
Pursuant to this direction, the U.S.
Copyright Office is seeking public
comment via this notice, as well as via
a separate questionnaire that will be
directed to ‘‘unserved household’’
subscribers both previously and
currently covered by the section 119
license. A copy of this questionnaire is
available at https://www.copyright.gov/
policy/119. The questions in this notice
are divided as to who should answer
them, based upon the different
stakeholders in the section 119 satellite
television ecosystem. The overall aim of
these questions is to ascertain (a)
whether the STCPPA appropriately
incentivizes satellite carriers to provide
local network signals to their residential
subscribers and (b) the impact of the
changes to the section 119 license on
RVers and commercial truckers.
II. Subjects of Inquiry
The Copyright Office invites written
comments on the subjects below. A
party choosing to respond to this Notice
of Inquiry need not address every
subject, but the Office requests that
responding parties clearly identify and
separately address each subject for
which a response is submitted.
1. General Questions
a. Post-STCPPA, do households that
previously did not receive local network
stations from their satellite provider
now receive them?
b. The STCPPA removed the use of
the section 119 license for households
that are unable to receive local network
stations via an antenna, as well as for
certain other categories of households.
How do these households now receive
network signals? Are they distant or
local network signals?
c. The STCPPA makes a revised
section 119 license permanent, on the
condition that all licensees provide
local-into-local service. Does this
change resolve previously-voiced
concerns about a subsidized distantinto-local license discouraging the
provision of local network service by
section 119 licensees?
d. Have the changes to the section 119
license made by STCPPA affected the
availability of network retransmission
service for households previously
covered by the license? If so, how?
e. Have the changes to the section 119
license made by STCPPA affected the
market for television service for
households previously covered by the
license? If so, how?
37 Id.
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2. Questions for Satellite Television
Subscribers in Unserved Households.38
When answering, please indicate if
you receive satellite service at your
residence, your RV, or your commercial
truck. Please also indicate which
category of ‘‘unserved household’’
applies to you.
a. Before June 1, 2020, did you receive
distant network retransmissions (i.e.,
network stations from markets outside
of your local area) from DISH or
DirecTV?
i. If your answer is ‘‘yes,’’ did you
continue to receive the same distant
networks after June 1, 2020?
(1) If you continued to receive the
same distant networks, did the price of
your subscription increase or decrease?
If it did, was the reason for the change
explained?
(2) If you did not continue to receive
the same distant networks after June 1,
2020, did you receive access to new
networks that are physically closer to
you as a replacement for the distant
networks you no longer receive? Did the
price of your subscription increase or
decrease? If it did, was the reason for
the change explained?
ii. If your answer is ‘‘no,’’ did the
price of your satellite subscription
increase or decrease on or after June 1,
2020? If it did, was the reason for the
change explained?
b. Before June 1, 2020, did you receive
local network retransmissions (i.e.,
network stations from a nearby market)
from DISH or DirecTV?
i. If your answer is ‘‘yes,’’ did you
continue to receive local networks from
DISH or DirecTV on or after June 1,
2020?
(1) If you continued to receive local
networks, did the price of your
subscription increase or decrease? If it
did, was the reason for the change
explained?
(2) If you did not continue to receive
local networks, did you receive access
to replacement networks? Were these
replacement networks physically closer
to or further from your location? Did the
price of your subscription increase or
38 Households in unserved markets are
households in one or more of the following
categories:
• Households that cannot receive a local overthe-air signal via an antenna;
• Households that receive a waiver from a local
network affiliate to receive a distant signal;
• ‘‘Grandfathered’’ households that received
distant signals via a section 119 license on or before
October 31, 1999;
• Households eligible for the statutory exemption
related to receiving ‘‘C-Band’’ satellite signals;
• RVs and commercial trucks;
• Households located in short markets (meaning
markets that lack one or more of the four most
widely available network stations).
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decrease? If it did, was the reason for
the change explained?
c. If you received distant network
retransmissions from DISH or DirecTV
before June 1, 2020, did you begin to
receive local network retransmissions
from DISH or DirecTV on or after that
date?
i. If you did begin to receive local
networks on or after June 1, 2020, were
the local networks in addition to or
instead of the distant network
retransmissions?
ii. If you did begin to receive local
networks on or after June 1, 2020, did
the price of your subscription increase
or decrease?
d. Have you changed television
service providers since June 1, 2020?
i. If your answer is ‘‘yes,’’ did you
change to a different satellite provider,
or did you obtain television service from
a different type of service provider (such
as a cable provider)? Why did you
change television service providers?
e. If you are a commercial trucker,
which satellite carrier do you use?
f. If you are an RVer, which satellite
carrier do you use? Do you also receive
satellite service at your residence? If so,
is your home satellite carrier the same
as your RV satellite carrier?
3. Questions for Satellite Carriers
a. If you relied upon the section 119
statutory license to provide distant-intolocal network retransmissions before
June 1, 2020, did you continue to rely
upon the amended license (under the
STCPPA) on or after that date?
i. If your answer is ‘‘no,’’ did you
continue to provide distant-into-local
network retransmissions after that date?
b. Do you meet the new STCPPA
requirement of providing local-intolocal network retransmissions to all 210
DMAs as a prerequisite for using the
new section 119 statutory license to
provide distant-into-local network
retransmissions?
i. If your answer is ‘‘no,’’ what
approach did you take to providing
distant-into-local network
retransmissions after May 31, 2020?
ii. If you declined to provide localinto-local network retransmissions for
all 210 DMAs, thus forgoing the use of
the section 119 license, and instead
decided to make individual carriage
deals with each broadcast network for
distant-into-local retransmission, please
explain your reasoning.
c. Did you use the transition license
provided by the STCPPA from January
1, 2020 to May 31, 2020?
i. If your answer is ‘‘no,’’ please
explain why you did not use the
transition license.
ii. If you did use the transition
license, did you use the new STCPPA
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license after May 31, 2020? If not, why
not?
4. Question for Broadcasters
a. Has the expiration of certain
provisions of the section 119 license
impacted your ability to provide
comparable television service to
households previously subject to the
section 119 license? If so, how?
Dated: December 30, 2020.
Shira Perlmutter,
Register of Copyrights and Director of the
U.S. Copyright Office.
[FR Doc. 2020–29231 Filed 1–5–21; 8:45 am]
BILLING CODE 1410–30–P
NUCLEAR REGULATORY
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[NRC–2020–0024]
Information Collection: NRC Form 446,
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Nuclear Regulatory
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ACTION: Notice of submission to the
Office of Management and Budget;
request for comment.
AGENCY:
The U.S. Nuclear Regulatory
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DATES: Submit comments by February 5,
2021. Comments received after this date
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so, but the Commission is able to ensure
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ADDRESSES: Written comments and
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FOR FURTHER INFORMATION CONTACT:
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SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\06JAN1.SGM
06JAN1
]]>Agencies
[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Pages 578-581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29231]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2020-13]
Satellite Television Community Protection and Promotion Act of
2019 Study: Notice and Request for Public Comment
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of Inquiry.
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SUMMARY: The U.S. Copyright Office is initiating a study to evaluate
the impact on the satellite television market of the Satellite
Television Community Protection and Promotion Act of 2019's adoption of
new statutory requirements for certain uses of the section 119
compulsory license for distant-into-local satellite transmission, and
sunsetting of other uses from the license. The Office seeks public
comment on this topic to assist in preparing a report to Congress.
DATES: Written comments are due on or before March 8, 2021.
ADDRESSES: The Copyright Office is using the regulations.gov system for
the submission and posting of public comments in this proceeding. All
comments are therefore to be submitted electronically through
regulations.gov. Specific instructions are available on the Copyright
Office website at https://www.copyright.gov/policy/119. If electronic
submission of comments is not feasible due to lack of access to a
computer and/or the internet, please contact the Office, using the
contact information below, for special instructions.
FOR FURTHER INFORMATION CONTACT: Kimberley Isbell, Deputy Director of
Policy and International Affairs, [email protected], or Chris
Weston, Senior Counsel for Policy and International Affairs,
[email protected]. They can be reached by telephone at 202-707-3000.
SUPPLEMENTARY INFORMATION: On December 20, 2019, the President signed
the Satellite Television Community Protection and Promotion Act of 2019
(``STCPPA''), which makes permanent the satellite carrier distant
broadcast
[[Page 579]]
signal license found in section 119 of the Copyright Act (17 U.S.C.
119) for non-network stations as well as for network stations
transmitted both to recreational vehicles (``RVs'') and commercial
trucks and to ``short markets'' that lack one or more of the four most
widely available network stations.\1\ The STCPPA removes other
previously permitted uses of the license and requires that a satellite
carrier provide local service in all 210 designated market areas
(``DMAs'') if it wishes to utilize the section 119 license.\2\ The
STCPPA also amends several provisions of the Communications Act.\3\
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\1\ Satellite Television Community Protection and Promotion Act
of 2019 (``STCPPA''), Public Law 116-94, 133 Stat. 2534, 3201
(2019).
\2\ The STCPPA contained a transition provision that allowed
satellite carriers who had been utilizing the license but did not
satisfy the additional conditions set forth in the STCCPA to
continue to use a limited version of the existing license through
May 31, 2020. That transitional authorization has now expired. See
infra Section I.B.
\3\ 47 U.S.C. 151 et seq.
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Simultaneously with the enactment of the STCPPA, the Appropriations
Committee of the U.S. House of Representatives directed the Register of
Copyrights to conduct a study on the impact of the expiration of the
STCPPA's predecessor--the STELA Reauthorization Act of 2014
(``STELAR'') \4\--on the satellite television market.\5\ The Committee
expressed concern that the distant signal provisions of section 119
``may provide a below-market incentive for a mature satellite industry
to restrict local news transmission.'' \6\
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\4\ STELA Reauthorization Act of 2014, Public Law 113-200, 128
Stat. 2059 (2014).
\5\ Staff of H.R. Comm. on Appropriations, 116th Cong., Further
Consolidated Appropriations Act, 2020, Legislative Text and
Explanatory Statement (Comm. Print 2020). While STCPPA made
permanent several provisions of STELAR, it also allowed other
provisions to expire.
\6\ Id.
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I. Background
A. The Section 119 Distant Broadcast Signal License
In 1988, Congress enacted the Satellite Home Viewer Act
(``SHVA''),\7\ which created a temporary statutory license (section 119
of the Copyright Act) for satellite carriers to retransmit distant
network and certain non-network broadcasts to subscribers with
satellite dishes. Distant network retransmissions were available only
to those subscribers living in ``unserved households.'' \8\ This
statutory license, also known as a compulsory license, allowed
satellite carriers to retransmit broadcast signals without the
network's permission, so long as they paid a government-determined
royalty rate.\9\ The section 119 license was intended to encourage
satellite carriers to ``develop and flourish'' in the absence of a
sufficient marketplace \10\ and was scheduled to expire at the end of
1994.\11\
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\7\ Public Law 100-667, 102 Stat. 3949.
\8\ For purposes of the Satellite Home Viewer Act of 1988,
``unserved households'' were defined as households of individuals
who live in an area where they cannot receive a ``Grade B''
television signal via a rooftop antenna, and have not, at the time
they become subscribers to a satellite service that carries a
network signal, subscribed within 90 days to a cable system that
provides the signal of a station affiliated with that network. See
U.S. Copyright Office, The Cable and Satellite Carrier Compulsory
Licenses: An Overview and Analysis 104-05 (1992), https://copyright.gov/reports/cable-sat-licenses1992.pdf. The section 119
definitions of ``unserved households'' evolved as the license was
extended over the subsequent 26 years.
\9\ The Copyright Office has, since 1989, administered the
section 119 license, which includes collecting statements of account
and royalties from satellite carriers and distributing the royalties
to the appropriate rights holders. See Statutory License for
Secondary Transmissions for Satellite Carriers-- Section 119, U.S.
Copyright Office, https://www.copyright.gov/licensing/sec_119.html.
\10\ H.R. Rep. No. 887, 100th Cong., 2d Sess., pt. 1, at 15
(1988). See also H.R. Rep. No. 116-354, at 5 (2019) (``Congress
created the section 119 license during the satellite industry's
nascency to allow satellite television to better compete with
cable.'').
\11\ Public Law 100-667, 102 Stat. 3949, 3960.
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The section 119 license created by SHVA was extended for successive
five year periods in 1994,\12\ 1999,\13\ 2004,\14\ 2010,\15\ and
2014.\16\ With each extension, Congress also modified the statutory
terms of the section 119 license. For example, by the time of the 2014
enactment of STELAR, there were multiple types of unserved households
eligible to receive distant broadcast signals defined in the statute,
including RVs, commercial trucks, and households in ``short markets''
(markets where one of the four most viewed networks is not available
from the local carrier).
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\12\ Satellite Home Viewer Act of 1994, Public Law 103-369, 108
Stat. 3477 (1994).
\13\ Satellite Home Viewer Improvement Act of 1999 (``SHVIA''),
Public Law 106-113, 113 Stat. 1501A-523 (1999).
\14\ Satellite Home Viewer Extension and Reauthorization Act of
2004 (``SHVERA''), Public Law 108-447, 118 Stat. 3394 (2004).
\15\ Satellite Television Extension and Localism Act of 2010
(``STELA''), Public Law 111-174, 124 Stat. 1218 (2010).
\16\ STELAR, Public Law 113-200, 128 Stat. 2059 (2014).
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In the five years following STELAR's reauthorization of the section
119 license, use of that license sharply decreased. Royalties paid by
one of the two satellite carriers in this market, AT&T's DirecTV,
decreased by 86.75% between 2014 and 2018.\17\ Royalties paid by the
other satellite carrier, DISH Network, decreased by 85% during the same
reporting period.\18\ In terms of gross numbers, as of 2019, between
500,000 and 870,000 households received at least one distant signal
under the pre-STCPPA section 119 license.\19\ It is estimated that
these subscribers typically live in rural areas of the United
States.\20\
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\17\ See U.S. Copyright Office, Analysis and Recommendations
Regarding the Section 119 Compulsory License 2 (June 3, 2019),
https://www.copyright.gov/laws/hearings/views-concerning-section-119-compulsory-license.pdf.
\18\ See id. Since the 2018 reporting periods, satellite
receipts have further declined. According to information from the
U.S. Copyright Office's Licensing Division, total satellite receipts
in 2019 were down 20.8% from 2018, and total satellite receipts for
the first half of 2020 were down 20% from the first half of 2019.
See Licensing Division, U.S. Copyright Office, Report of Receipts
10/31/2020, 2, https://www.copyright.gov/licensing/receipts.pdf.
\19\ The 500,000 subscribers estimate is from the National
Association of Broadcasters. See Narrow Satellite Legislation Should
Expire as Congress Intended, Nat'l Ass'n of Broadcasters, 2 (Sept.
2018), https://www.nab.org/documents/newsRoom/pdfs/NAB_STELAR_expiration.pdf. The 870,000 subscribers estimate is from
the Satellite Broadcasting and Communications Association. See
Reauthorize and Revitalize the Satellite Home Viewer Act, Satellite
Broad. & Commc'ns Ass'n, 1 (last visited Nov. 30, 2020), https://www.sbca.org/documents/Rural_Sat_Act.pdf. The number of subscribers
who receive distant signals under the current license is not
publicly available.
\20\ See H.R. Rep. No. 116-354, at 4 (2019); Letter from Timothy
P. McKone, Executive Vice President, Federal Relations, AT&T, to
Jerrold Nadler, Chairman, and Doug Collins, Ranking Member, U.S.
House of Representatives, Comm. on the Judiciary 1 (Apr. 19, 2019),
https://www.copyright.gov/laws/hearings/views-concerning-section-119-compulsory-license.pdf.
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This decline in use of the section 119 license has been attributed
primarily to the transformation of the television marketplace since
2014, which is exemplified by ``over-the-top'' (``OTT'') television
services that offer broadcast network programming over the internet,
such as Hulu with Live TV, YouTube TV, and Sling TV, none of which rely
upon a statutory license to operate but instead negotiate licenses with
broadcast networks in the marketplace.\21\
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\21\ See H.R. Rep. No. 116-354, at 6 (2019); U.S. Copyright
Office, Analysis and Recommendations Regarding the Section 119
Compulsory License 2 (June 3, 2019), https://www.copyright.gov/laws/hearings/views-concerning-section-119-compulsory-license.pdf.
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B. The Satellite Television Community Protection and Promotion Act of
2019
With STELAR due to expire at the end of 2019, and with it the
section 119 compulsory license, Congress had to decide whether to
extend the license again, and, if so, whether the extension should be
for another fixed-year term. Congress decided not to reauthorize
several of the uses of the license and to
[[Page 580]]
make others permanent. Specifically, in the STCPPA,\22\ Congress
removed coverage of the following ``unserved households'' from the
section 119 distant network signal license:
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\22\ STCPPA, Public Law 16-94, 133 Stat. 2534, 3201 (2019).
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Households that cannot receive a local over-the-air signal
via an antenna; \23\
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\23\ 17 U.S.C. 119(d)(10)(A) (text repealed and replaced by
Public Law 116-94, 133 Stat. 2534, 3201 (2019)).
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Households that receive a waiver from a local network
affiliate to receive a distant signal; \24\
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\24\ 17 U.S.C. 119(d)(10)(B) (text repealed and replaced by
Public Law 116-94, 133 Stat. 2534, 3201 (2019)).
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``Grandfathered'' households that received distant signals
via a section 119 license on or before October 31, 1999; \25\ and
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\25\ 17 U.S.C. 119(d)(10)(C) (repealed 2019).
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Households eligible for the statutory exemption related to
receiving ``C-Band'' satellite signals.\26\
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\26\ 17 U.S.C. 119(d)(10)(E) (repealed 2019).
For a satellite carrier to transmit distant signals to these
households, it must now negotiate directly with the broadcaster for a
license.
Additionally, the STCPPA made availability of the section 119
license for transmission of distant network signals permanent for the
following ``unserved households'':\27\
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\27\ The STCPPA also made permanent the section 119 license for
transmission of distant non-network signals to all subscribers. See
17 U.S.C. 119(a)(1).
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RVs and commercial trucks; \28\ and
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\28\ 17 U.S.C. 119(d)(10)(A).
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Subscribers located in short markets.\29\
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\29\ 17 U.S.C. 119(d)(10)(B).
The STCPPA made the use of the section 119 license for these purposes
contingent upon satellite carriers providing local-into-local network
signals to each of the 210 television designated market areas
(``DMAs'').\30\ It also established a transition period (through May
31, 2020) during which subscribers covered under STELAR who were no
longer eligible for the new license (as amended by the STCPPA) remained
eligible to receive distant network signals from their satellite
carriers.\31\
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\30\ See 17 U.S.C. 119(a)(2)(A); (f)(7).
\31\ Public Law 116-94, 133 Stat. 3203 (2019).
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In amending section 119, Congress was particularly concerned with
satellite subscribers' ability to access local network stations. As the
House Judiciary Committee described the situation in its STCPPA Report:
Most satellite television subscribers receive local broadcast
programming that is retransmitted from their local network stations.
When a satellite carrier provides such ``local service,''
subscribers have access to important local news, local weather, and
local emergency information. For some (typically rural) subscribers,
instead of seeing news, weather, or emergency information from their
own towns, they get retransmissions of ``distant'' programming from
outside of their local market. Those subscribers see network
programming from a larger, sometimes much farther, market like New
York or Los Angeles instead.\32\
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\32\ H.R. Rep. No. 116-354, at 4 (2019).
In other words, Congress believed that the section 119 license,
operating under government-set royalty rates, risked undermining rural
communities' access to local broadcast stations because it encouraged
satellite carriers to carry distant-into-local instead of local-into-
local broadcast signals.
In light of that concern, Congress sought in the STCPPA to account
for ``the need to prioritize access to local programming'' \33\ by
requiring every satellite carrier using the section 119 license to
provide local network television service in all of the 210 DMAs.
Additionally, by removing several household types from coverage under
section 119, Congress believed that these households would be more
likely to receive local instead of distant network signals.\34\
Congress also ``acknowledge[d] the vulnerabilities that some households
might face in a purely market-based system'' \35\ by reauthorizing and
making permanent the section 119 license for RVs and commercial trucks
and households in short markets.
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\33\ H.R. Rep. No. 116-354, at 6 (2019).
\34\ H.R. Rep. No. 116-354, at 7 (2019).
\35\ H.R. Rep. No. 116-354, at 6 (2019).
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C. The Current Study
In its Committee Print accompanying the Further Consolidated
Appropriations Act, 2020, the Committee on Appropriations of the U.S.
House of Representatives, in agreement with the U.S. Senate, expressed
a ``concern that the distant signal provision contained in the STELA
Reauthorization Act of 2014 [``STELAR''] . . . may provide a below-
market incentive for a mature satellite industry to restrict local news
transmission.'' \36\ The statement went on to recognize that STELAR was
due to expire at the end of 2019, and directed the Register of
Copyrights to ``conduct a study on the impact on the market post-
expiration,'' and deliver the results of this study to the House and
Senate Committees on Appropriations by June 20, 2021.\37\
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\36\ Staff of H.R. Comm. on Appropriations, 116th Cong., Further
Consolidated Appropriations Act, 2020, Legislative Text and
Explanatory Statement(Comm. Print 2020).
\37\ Id.
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Pursuant to this direction, the U.S. Copyright Office is seeking
public comment via this notice, as well as via a separate questionnaire
that will be directed to ``unserved household'' subscribers both
previously and currently covered by the section 119 license. A copy of
this questionnaire is available at https://www.copyright.gov/policy/119.
The questions in this notice are divided as to who should answer them,
based upon the different stakeholders in the section 119 satellite
television ecosystem. The overall aim of these questions is to
ascertain (a) whether the STCPPA appropriately incentivizes satellite
carriers to provide local network signals to their residential
subscribers and (b) the impact of the changes to the section 119
license on RVers and commercial truckers.
II. Subjects of Inquiry
The Copyright Office invites written comments on the subjects
below. A party choosing to respond to this Notice of Inquiry need not
address every subject, but the Office requests that responding parties
clearly identify and separately address each subject for which a
response is submitted.
1. General Questions
a. Post-STCPPA, do households that previously did not receive local
network stations from their satellite provider now receive them?
b. The STCPPA removed the use of the section 119 license for
households that are unable to receive local network stations via an
antenna, as well as for certain other categories of households. How do
these households now receive network signals? Are they distant or local
network signals?
c. The STCPPA makes a revised section 119 license permanent, on the
condition that all licensees provide local-into-local service. Does
this change resolve previously-voiced concerns about a subsidized
distant-into-local license discouraging the provision of local network
service by section 119 licensees?
d. Have the changes to the section 119 license made by STCPPA
affected the availability of network retransmission service for
households previously covered by the license? If so, how?
e. Have the changes to the section 119 license made by STCPPA
affected the market for television service for households previously
covered by the license? If so, how?
[[Page 581]]
2. Questions for Satellite Television Subscribers in Unserved
Households.38
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\38\ Households in unserved markets are households in one or
more of the following categories:
Households that cannot receive a local over-the-air
signal via an antenna;
Households that receive a waiver from a local network
affiliate to receive a distant signal;
``Grandfathered'' households that received distant
signals via a section 119 license on or before October 31, 1999;
Households eligible for the statutory exemption related
to receiving ``C-Band'' satellite signals;
RVs and commercial trucks;
Households located in short markets (meaning markets
that lack one or more of the four most widely available network
stations).
---------------------------------------------------------------------------
When answering, please indicate if you receive satellite service at
your residence, your RV, or your commercial truck. Please also indicate
which category of ``unserved household'' applies to you.
a. Before June 1, 2020, did you receive distant network
retransmissions (i.e., network stations from markets outside of your
local area) from DISH or DirecTV?
i. If your answer is ``yes,'' did you continue to receive the same
distant networks after June 1, 2020?
(1) If you continued to receive the same distant networks, did the
price of your subscription increase or decrease? If it did, was the
reason for the change explained?
(2) If you did not continue to receive the same distant networks
after June 1, 2020, did you receive access to new networks that are
physically closer to you as a replacement for the distant networks you
no longer receive? Did the price of your subscription increase or
decrease? If it did, was the reason for the change explained?
ii. If your answer is ``no,'' did the price of your satellite
subscription increase or decrease on or after June 1, 2020? If it did,
was the reason for the change explained?
b. Before June 1, 2020, did you receive local network
retransmissions (i.e., network stations from a nearby market) from DISH
or DirecTV?
i. If your answer is ``yes,'' did you continue to receive local
networks from DISH or DirecTV on or after June 1, 2020?
(1) If you continued to receive local networks, did the price of
your subscription increase or decrease? If it did, was the reason for
the change explained?
(2) If you did not continue to receive local networks, did you
receive access to replacement networks? Were these replacement networks
physically closer to or further from your location? Did the price of
your subscription increase or decrease? If it did, was the reason for
the change explained?
c. If you received distant network retransmissions from DISH or
DirecTV before June 1, 2020, did you begin to receive local network
retransmissions from DISH or DirecTV on or after that date?
i. If you did begin to receive local networks on or after June 1,
2020, were the local networks in addition to or instead of the distant
network retransmissions?
ii. If you did begin to receive local networks on or after June 1,
2020, did the price of your subscription increase or decrease?
d. Have you changed television service providers since June 1,
2020?
i. If your answer is ``yes,'' did you change to a different
satellite provider, or did you obtain television service from a
different type of service provider (such as a cable provider)? Why did
you change television service providers?
e. If you are a commercial trucker, which satellite carrier do you
use?
f. If you are an RVer, which satellite carrier do you use? Do you
also receive satellite service at your residence? If so, is your home
satellite carrier the same as your RV satellite carrier?
3. Questions for Satellite Carriers
a. If you relied upon the section 119 statutory license to provide
distant-into-local network retransmissions before June 1, 2020, did you
continue to rely upon the amended license (under the STCPPA) on or
after that date?
i. If your answer is ``no,'' did you continue to provide distant-
into-local network retransmissions after that date?
b. Do you meet the new STCPPA requirement of providing local-into-
local network retransmissions to all 210 DMAs as a prerequisite for
using the new section 119 statutory license to provide distant-into-
local network retransmissions?
i. If your answer is ``no,'' what approach did you take to
providing distant-into-local network retransmissions after May 31,
2020?
ii. If you declined to provide local-into-local network
retransmissions for all 210 DMAs, thus forgoing the use of the section
119 license, and instead decided to make individual carriage deals with
each broadcast network for distant-into-local retransmission, please
explain your reasoning.
c. Did you use the transition license provided by the STCPPA from
January 1, 2020 to May 31, 2020?
i. If your answer is ``no,'' please explain why you did not use the
transition license.
ii. If you did use the transition license, did you use the new
STCPPA license after May 31, 2020? If not, why not?
4. Question for Broadcasters
a. Has the expiration of certain provisions of the section 119
license impacted your ability to provide comparable television service
to households previously subject to the section 119 license? If so,
how?
Dated: December 30, 2020.
Shira Perlmutter,
Register of Copyrights and Director of the U.S. Copyright Office.
[FR Doc. 2020-29231 Filed 1-5-21; 8:45 am]
BILLING CODE 1410-30-P
