[Federal Register: December 8, 1998 (Volume 63, Number 235)]
[Notices]
[Page 67703-67704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de98-90]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. RM 98-6]
Cable Compulsory License: Specialty Station List
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of final specialty station list.
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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.
EFFECTIVE DATE: January 1, 1999.
FURTHER INFORMATION: David O. Carson, General Counsel, or Tanya M.
Sandros, Attorney Advisor, Copyright GC/I&R, P.O. Box 70400, Southwest
Station, Washington, D.C. 20024. Telephone (202) 707-8380 or Telefax
(202) 707-8366.
SUPPLEMENTARY INFORMATION: Under the cable compulsory license, section
111 of title 17, United States Code, a cable operator may carry the
signal of a television station classified 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
Federal Communications Commission (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 FCC no
longer determines whether a station qualifies as a specialty station;
however, the Copyright Office updates the list periodically, because
the list remains relevant to the cable compulsory license scheme.
The Copyright Office published its first specialty station list in
1990 under a procedure which allowed the owner of the station to file
an affidavit with the Office attesting to the fact that the station's
programming comports with the 1981 FCC definition, and hence, qualifies
it as a specialty station. 55 FR 40021 (October 1, 1990). The Office
agreed at that time to update the list approximately every three years.
Accordingly, on August 4, 1998, the Copyright Office published a
notice asking the owner, or a valid agent of the owner, to file a sworn
affidavit with the Copyright Office stating that the station's
programming satisfies the FCC's former requirements for specialty
station status. 63 FR 41599 (August 4, 1998).
On October 23, 1998, the Office published a notice listing the
forty-nine broadcast stations for which the owner or licensee of the
station had filed the requested affidavit. 63 FR 56948 (October 23,
1998). In the notice, the Office also requested that any party
objecting to any claim to specialty station status submit comments to
the Office stating his or her objections. No comments or objections
were filed with the Office.
Since the publication of the initial list, the Office has received
ten additional affidavits, attesting to the specialty station status of
the identified stations. Because these stations were not listed in the
earlier published list, these stations have been identified with an
asterisk (*) in the final list. Any interested party may file an
objection to a newly listed station or to any other late-filed
affidavit, and the objection shall be filed together with the
corresponding affidavit. All affidavits and related comments or
objections shall be kept on file in the Licensing Division of the
Copyright Office.
The final list of specialty stations, published herein, shall be
effective January 1, 1999, for the accounting period 1999/1 and
thereafter. Copyright Office 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 determines
whether the owner of the station has filed an affidavit since
publication of the list.
List of Specialty Stations: Call Letters and Cities of License
CBAFT Moncton, New Brunswick, Canada
CBFT Montreal, Quebec, Canada
CBKFT Regina, Saskatchewan, Canada
CBOFT Ottawa, Ontario, Canada
CBUFT Vancouver, British Columbia, Canada
CBVT Quebec City, Quebec, Canada
CBWFT Winnipeg, Manitoba, Canada
CBXFT Edmonton, Alberta, Canada
CFCM-TV Quebec, Quebec, Canada
CFER-TV Rimouski, Quebec, Canada
CFTM-TV Montreal, Quebec, Canada
CHEM-TV Trois-Rivieres, Quebec, Canada
CHLT-TV Sherbrooke, Quebec, Canada
CJPM-TV Chicoutimi, Quebec, Canada
CKSH-TV Sherbrooke, Quebec, Canada
K30CE Austin, TX
K48AM Albuquerque, NM
K52AO Tucson, AZ
KABE-LP Bakersfield, CA
KCHF Santa Fe, NM
KDRX-LP Phoenix, AZ
KDTV-LP Santa Rosa, CA
KDTV (TV) San Francisco, CA
KFTV (TV) Hanford, CA
KLUZ-TV Albuquerque, NM
KMEX-TV Los Angeles, CA
KSTS* San Jose, CA
[[Page 67704]]
KTMD* Galveston, TX
KTSF (TV) San Francisco, CA
KTVW-TV Phoenix, AZ
KUVN-LP Fort Worth, TX
KUVN (TV) Garland, TX
KUVS (TV) Modesto, CA
KVDA* San Antonio, TX
KVEA (TV)* Corona, CA
KWEX-TV San Antonio, TX
KWHY-TV Los Angeles, CA
KXLN-TV Rosenberg, TX
W47AD Hartford, CT
W50BF-TV Sharon (Mercer County), PA
W63BF Aguadilla, Puerto Rico
WAQP-TV Saginaw, MI
WDMR-LP* Springfield, MA
WGBO-TV Joliet, IL
WINM-TV Angola, IN
WKAQ* San Juan, Puerto Rico
WKBS-TV Johnstown/Altoona, PA
WLTV(TV) Miami, FL
WLXI-TV Greensboro, NC
WNYB-TV Jamestown, NY
WNJU* Linden, NJ
WPCB-TV Greensburg/Pittsburgh, PA
WRDM-LP* Hartford, Connecticut
WSCV* Fort Lauderdale, FL
WSNS-TV* Chicago, IL
WTCT-TV Marion IL
WTLJ-TV Muskegon, MI
WXTV-LP Philadelphia, PA
WXTV (TV) Paterson, NJ
Dated: December 2, 1998.
David O. Carson,
General Counsel.
[FR Doc. 98-32536 Filed 12-7-98; 8:45 am]
BILLING CODE 1410-31-P