[Federal Register: December 22, 1999 (Volume 64, Number 245)]
[Rules and Regulations]
[Page 71659-71660]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 258
[Docket No. RM 99-8 CARP]
Rate Adjustment of the Satellite Carrier Statutory License
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule.
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SUMMARY: The Copyright Office of the Library of Congress is announcing
the reduction of royalty rates for the section 119 satellite carrier
statutory license pursuant to Title I of the Intellectual Property and
Communications Omnibus Reform Act. The royalty rates for the section
119 satellite carrier statutory license are reduced from 27 cents per
subscriber per month for network and superstations, respectively, to
14.85 cents for network stations and 18.9 cents for superstations.
EFFECTIVE DATE: July 1, 1999.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
William J. Roberts, Jr., Senior Attorney for Compulsory Licenses, P.O.
Box
[[Page 71660]]
70977, Southwest Station, Washington, D.C. 20024. Telephone: (202) 707-
8380. Telefax: (202) 252-3423.
SUPPLEMENTARY INFORMATION: On November 29, 1999, the President signed
into law the Intellectual Property and Communications Omnibus Reform
Act. Title I of that legislation, the ``Satellite Home Viewer
Improvement Act of 1999,'' amends section 119 of the Copyright Act to,
among other things, reduce the royalty fees paid under the satellite
carrier statutory license.
In October of 1997, pursuant to the Copyright Arbitration Royalty
Panel process, the Librarian of Congress adjusted the royalty rates of
the satellite license to 27 cents per subscriber per month for the
retransmission of a network station and 27 cents per subscriber per
month for the retransmission of a superstation. 62 FR 55742 (October
28, 1997). The Satellite Home Viewer Improvement Act reduces these
rates by 45 percent for a network station and 30 percent for a
superstation. 17 U.S.C. 119(c)(4) (A) and (B). Consequently, the new
rates are 14.85 cents per subscriber per month for each network station
retransmitted by a satellite carrier and 18.9 cents per subscriber per
month for each superstation retransmitted by a satellite carrier.
The Satellite Home Viewer Improvement Act also amends the section
119 satellite license to include retransmissions of the Public
Broadcasting Service satellite feed, which is not a television
broadcast station. The Public Broadcasting Service satellite feed is
treated like a network station for purposes of the royalty fee, and
therefore incurs the 14.85-cent fee. The section 119 license for the
Public Broadcasting Service satellite feed, however, is in effect only
until January 1, 2002.
List of Subjects in 37 CFR Part 258
Copyright, Satellite, Television.
Final Regulations
For the reasons set out in the preamble, chapter II of title 37 of
the Code of Federal Regulations is to be amended as follows:
PART 258--ADJUSTMENT OF ROYALTY FEE FOR SECONDARY TRANSMISSIONS BY
SATELLITE CARRIERS
1. The authority citation for part 258 reads as follows:
Authority: 17 U.S.C. 119, 702, 802.
2. In Sec. 258.3, add new paragraph (c) to read as follows:
Sec. 258.3 Royalty fee for secondary transmission of broadcast
stations by satellite carriers.
* * * * *
(c) Commencing July 1, 1999, the royalty rate for secondary
transmission of broadcast stations for private home viewing by
satellite carriers shall be as follows:
(1) 18.9 cents per subscriber per month for distant superstations.
(2) 14.85 cents per subscriber per month for distant network
stations.
(3) 14.85 cents per subscriber per month for the Public
Broadcasting Service satellite feed.
Dated: December 15, 1999.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 99-33196 Filed 12-21-99; 8:45 am]
BILLING CODE 1410-33-P