Federal Register: October 30, 2000 (Volume 65, Number 210)
DOCID: FR Doc 00-27713
LIBRARY OF CONGRESS
Copyright Office, Library of Congress
CFR Citation: 37 CFR Parts 201 and 256
Docket ID: [Docket No. 2000-4 CARP CRA]
NOTICE: RULES
ACTION: Copyright office and procedures, etc.:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Adjustment of Cable Statutory License Royalty Rates
DATES: These regulations are effective July 1, 2000.
DOCUMENT SUMMARY:
The Copyright Office of the Library of Congress is publishing final regulations governing the adjustment of the royalty rates for the cable statutory license.
SUMMARY:
Cable statutory license; royalty rates adjustment,
SUPPLEMENTAL INFORMATION
I. Background
Section 111 of the Copyright Act, 17 U.S.C., creates a statutory
license for cable systems that retransmit to their subscribers over
theair broadcast signals. Royalty fees for this license are calculated
as percentages of a cable system's gross receipts received from [[Page 64623]]
subscribers for receipt of broadcast signals. A cable system's
individual gross receipts determine the applicable percentages. These
percentages, and the gross receipts limitations, are published in 37
CFR part 256 and are subject to adjustment at fiveyear intervals. 17
U.S.C. 801(b)(2)(A) & (D). This was a window year for such an adjustment.
The Library received two petitions for a rate adjustment and published a Federal Register notice seeking comment on these petitions and directed interested parties to file a Notice of Intent to Participate in a Copyright Arbitration Royalty Panel (``CARP'') proceeding. 65 FR 10564 (February 28, 2000). The Library also designated a 30day period to negotiate a settlement as to adjustment of the rates. 37 CFR 251.63(a). The Library extended the negotiation period on two separate occasions in Orders dated May 15, 2000, and June 5, 2000. The extensions proved to be successful, as the Library received a joint proposal to adjust the cable royalty fees and the gross receipts limitations.
Pursuant to Sec. 251.63(b) of the CARP rules, the Library published in the Federal Register the proposed adjustments to the percentages of gross receipts paid by cable systems, and the gross receipts limitations. 65 FR 54984 (September 12, 2000). Section 251.63(b) provides that the Library ``may adopt the rate embodied in the proposed settlement without convening an arbitration panel, provided that no opposing comment is received by the Librarian [of Congress] from a party with an intent to participate in a CARP proceeding.'' 37 CFR 251.63(b). No comments or Notices of Intent to Participate were received, enabling publication of today's final regulations adopting the proposed settlement.
The regulations take effect on July 1, 2000, which means that the
new cable rates, and the gross receipts limitations, are applicable to the second accounting period of 2000 and thereafter.
List of Subjects
37 CFR Part 201
Copyright, Procedures.
37 CFR Part 256
Cable television, Royalties.
For the reasons set forth in the preamble, the Library amends 37 CFR parts 201 and 256 as follows:
PART 201GENERAL PROVISIONS
1. The authority citation for part 201 continues to read as follows:
Authority: 17 U.S.C. 702.
Sec. 201.17 [Amended]
2. In Sec. 201.17:
a. In paragraph (d)(2), remove ``$292,000'' each place it appears and add ``$379,600'' in its place.
b. In paragraph (e)(12), remove ``$75,800'' and add ``$98,600'' in its place.
c. In paragraph (g)(2)(ii), remove ``.893'' and add ``.956'' in its place.
PART 256ADJUSTMENT OF ROYALTY FEE FOR CABLE COMPULSORY LICENSE
3. The authority citation for part 256 continues to read as follows:
Authority: 17 U.S.C. 702, 802.
Sec. 256.2 [Amended]
4. In Sec. 256.2:
a. In paragraph (a), introductory text, remove the phrase ``the first semiannual accounting period of 1985'' and add the phrase ``the second semiannual accounting period of 2000'' in its place.
b. In paragraph (a)(1), remove ``.893'' and add ``.956'' in its place.
c. In paragraph (a)(2), remove ``.893'' and add ``.956'' in its place.
d. In paragraph (a)(3), remove ``.563'' and add ``.630'' in its place.
e. In paragraph (a)(4), remove ``.265'' and add ``.296'' in its place.
f. In paragraph (b), introductory text, remove the phrase ``the first semiannual accounting period of 1985'' and add the phrase ``the second semiannual accounting period of 2000'' in its place.
g. In paragraph (b)(1), remove ``$146,000'' each place it appears and add ``$189,800'' in its place, and remove ``$5,600'' and add ``$7,400'' in its place.
h. In paragraph (b)(2), remove ``$146,000'' each place it appears,
and add ``$189,800'' in its place, and remove ``$292,000'' each place it appears and add ``$379,600'' in its place.
Dated: October 20, 2000.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 0027713 Filed 102700; 8:45 am]
BILLING CODE 141033P
FOR FURTHER INFORMATION CONTACT
David O. Carson, General Counsel, or William J. Roberts, Jr., Senior Attorney for Compulsory Licenses, Copyright Arbitration Royalty Panel (CARP), P.O. Box 70977, Southwest Station, Washington, D.C. 20024. Telephone: (202) 7078380. Telefax (202) 2523423.