[Federal Register: January 22, 2002 (Volume 67, Number 14)]
[Notices]
[Page 2912-2914]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2001-7 CARP SD 2000]
Ascertainment of Controversy for the 2000 Satellite Royalty Funds
AGENCY: Copyright Office, Library of Congress.
ACTION: Request for notices of intention to participate.
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SUMMARY: The Copyright Office of the Library of Congress directs all
claimants to royalty fees collected under the section 119 statutory
license in 2000 to
[[Page 2913]]
submit comments as to whether a Phase I or a Phase II controversy
exists as to the distribution of these fees, and a Notice of Intention
to Participate in a royalty distribution proceeding. Parties who submit
a Notice of Intention to Participate may also submit comments on the
Public Broadcasting Service's motion for a partial distribution and the
scheduling of a CARP proceeding.
DATES: Comments and Notices of Intention to Participate are due no
later than February 1, 2002.
ADDRESSES: If sent by mail, an original and five copies of written
comments should be addressed to: Copyright Arbitration Royalty Panel
(CARP), P.O. Box 70977, Southwest Station, Washington, DC 20024. If
hand delivered, an original and five copies should be brought to:
Office of the General Counsel, James Madison Memorial Building, Room
403, First and Independence Avenue, SE., Washington, DC 20540.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
William J. Roberts, Jr., Senior Attorney for Compulsory Licenses,
Copyright Arbitration Royalty Panels, P.O. Box 70977, Southwest
Station, Washington, D.C. 20024. Telephone (202) 707-8380. Telefax:
(202) 252-3423.
SUPPLEMENTARY INFORMATION: Each year satellite carriers submit
royalties to the Copyright Office for the retransmission of over-the-
air broadcast signals to their subscribers. 17 U.S.C. 119. These
royalties are, in turn, distributed to copyright owners whose works
were included in a retransmission of an over-the-air broadcast signal
and for whom a claim for royalties was timely filed with the Copyright
Office. The copyright owners may either negotiate the terms of a
settlement as to the division of the royalty fees, or the Librarian of
Congress may convene a Copyright Arbitration Royalty Panel (``CARP'')
to determine the distribution of the royalty fees that remain in
controversy. See 17 U.S.C. chapter 8.
On October 30, 2001, the Library of Congress published a Notice in
the Federal Register requesting comments from interested parties as to
the existence of controversies over the distribution of 2000 satellite
royalty fees collected under 17 U.S.C. 119; 66 FR 54789 (October 30,
2001). The Library requested that interested parties submit their
comments, along with Notices of Intention to Participate in the 2000
distribution proceeding, by November 29, 2001. In addition, the Library
sought comment on a petition for royalty distribution filed by the
Public Broadcasting Service (``PBS''), seeking collection of 2000 and
2001 royalties submitted under 17 U.S.C. 119(b) for the satellite feed.
On November 6, 2001, the Motion Picture Association of America,
Inc. (``MPAA'') filed a motion seeking an extension of the November 29,
2001, deadline to January 15, 2002. MPAA asserted that it could not
submit its Notice of Intention to Participate until it had an
opportunity to examine the list of claimants who had filed for the 2000
satellite funds. This list was not made available to the public until
early December. Consequently, in response to the MPAA motion, the
Office suspended the November 29, 2001, date for filing comments and
Notices of Intention to Participate and requested comments on MPAA's
motion. See 66 FR 58761 (November 23, 2001).
Three parties filed comments in response to this notice: the Public
Broadcasting Service, the MPAA, and the Joint Sports Claimants
(``JSC''). In its comment, JSC stated that it was prepared to file its
Notices of Intention to Participate at any time and provided additional
comment on the scheduling of the proceeding. Similarly, PBS had no
apparent objection to the MPAA request but it did ask that the date for
filing the requisite notices not be extended beyond the January 15,
2002 date identified by MPAA in its motion and that the PBS motion for
a distribution of the disputed funds be expedited upon the filing of
the notices.
MPAA, for its part, acknowledged that with the release of the 2000
satellite claimant list it was now able to prepare its Notice of
Intention to Participate. However, it argued that the Office should
give the parties a minimum of 30-45 days after the release of the list
to prepare and file the notices and suggested January 25, 2002, as an
appropriate date for filing the Notices of Intention. MPAA also offered
comments on scheduling.\1\
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\1\ MPAA's and JSC's comments on scheduling were unsolicited and
beyond the scope of the November 23, 2001 notice and, thus, will not
be considered at this time.
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Notices of Intention to Participate. Since the Notices of Intention
to Participate must list the name of each copyright owner on whose
behalf the notice is being filed, the Office agrees that interested
parties should have adequate time to review the official list of
satellite claimants for 2000 before being required to file a Notice of
Intention to Participate in a proceeding concerning the distribution of
the 2000 satellite royalty fees. Moreover, interested parties must have
adequate notice of the date for filing such notices. Consequently, the
Office is setting a later date for filing a Notice of Intention to
Participate in a proceeding to decide the distribution of the 2000
satellite royalty fees than that requested in the MPAA comment. Notices
of Intention to Participate in such a proceeding shall be due no later
than February 1, 2002.
Section 251.45(a) of title 37 of the Code of Federal Regulations
requires that parties file a Notice of Intention to Participate in a
CARP proceeding, but it does not prescribe the contents of the notice.
The Office, however, has addressed the issue of what constitutes a
sufficient Notice and to whom it is applicable. See Orders in Docket
No. 2000-2 CARP CD 93-97 (June 22, 2000, and August 1, 2000); see also
65 FR 54077 (Sept. 6, 2000). In light of these rulings, the Office
advises those parties filing Notices of Intention to Participate in
this proceeding to comply with the following instructions.
Each claimant that has a dispute over the distribution of the 2000
satellite royalty fees, either at Phase I or Phase II, shall file a
Notice of Intention to Participate that contains the following: (1) The
claimant's full name, address, telephone number, and facsimile number
(if any); (2) identification of whether the Notice covers a Phase I
proceeding, a Phase II proceeding, or both; and (3) a statement of the
claimant's intention to fully participate in a CARP proceeding.
Claimants may, in lieu of individual Notices of Intention to
Participate, submit joint Notices. In lieu of the requirement that the
Notice contain the claimant's name, address, telephone number and
facsimile number, a joint Notice shall provide the full name, address,
telephone number, and facsimile number (if any) of the person filing
the Notice and it shall contain a list identifying all the claimants
that are parties to the joint Notice. In addition, if the joint Notice
is filed by counsel or a representative of one or more of the claimants
identified in the joint Notice, the joint Notice shall contain a
statement from such counsel or representative certifying that, as of
the date of submission of the joint Notice, such counsel or
representative has the authority and consent of the claimants to
represent them in the CARP proceeding.
Motion of Public Broadcasting Service for Distribution of PBS
National Satellite Feed Royalty Funds for Calendar Years 2000 and 2001.
On June 21, 2001, PBS filed a motion for distribution of PBS national
satellite feed royalty fees for calendar years 2000 and 2001 and sent a
copy of the motion to those entities that have participated
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in past satellite distribution proceedings. In an earlier notice, the
Office determined that, as a matter of law, consideration of a
distribution of the 2001 satellite royalty fees was premature. See 66
FR 54789 (October 30, 2001). Consequently, the Office stated that it
would consider the PBS motion only so far as it concerns the
distribution of the 2000 satellite royalty fees and only after all
interested parties have been identified by filing the Notices of
Intention requested herein and such parties have had an opportunity to
respond to the motion. Id.
Parties who file Notices of Intention to Participate in this
proceeding in accordance with this notice may, at this time, file
comments on the PBS motion. The Copyright Office has posted the PBS
motion for distribution of PBS national satellite feed royalty funds
for 2000-2001 on the Copyright Office website at: (http://www.loc.gov/
copyright/carp/pbsmotion.pdf). The motion is also available for copying
in the Office of the General Counsel along with any additional
responsive filings that have been filed in the Office of the General
Counsel.
Comments on the Existence of Controversies. Before commencing a
distribution proceeding or making a partial distribution, the Librarian
of Congress must first ascertain whether a controversy exists as to the
distribution of the royalty fees and the extent of those controversies.
17 U.S.C. 803(d). Therefore, any comments filed in response to the PBS
motion as to the distribution of the 2000 satellite fees must address
the existence and extent of any controversies at Phase I and Phase II.
In Phase I of a satellite royalty distribution, royalties are
distributed to certain categories of broadcast programming that have
been retransmitted by satellite carriers. The categories have
traditionally been syndicated programming and movies, sports,
commercial and noncommercial broadcaster-owned programming, religious
programming, and music programming. The Office seeks comments as to
controversies between these categories for royalty distribution.
In Phase II of a satellite royalty distribution, royalties are
distributed to claimants within a program category. If a claimant
anticipates a Phase II controversy, the claimant must state each
program category in which he or she has an interest that has not, by
the end of the comment period, been satisfied through a settlement
agreement.
The Copyright Office must be advised of the existence and extent of
all Phase I and Phase II controversies by the end of the comment
period. It will not consider any controversies that come to its
attention after the close of that period.
Schedule of CARP proceeding. Outstanding controversies concerning
the distribution of 1996, 1997, 1998, and 1999 satellite royalty fees
still remain. Before setting a schedule for a CARP proceeding to
resolve any controversies over the distribution of the 2000 satellite
royalty fees at issue in the PBS motion, the Office must first decide
whether to resolve the remaining controversies in the preceding years
or set these aside and focus on the distribution of the 2000 satellite
royalty fees as requested by PBS. Therefore, the Office invites
comments from all interested parties on whether to continue to conduct
distribution proceedings in a sequential manner as has been the
practice historically or to set aside the unresolved controversies in
the earlier years and proceed immediately to the controversies
surrounding the 2000 satellite royalty fees.
Dated: January 16, 2002.
David O. Carson,
General Counsel.
[FR Doc. 02-1543 Filed 1-18-02; 8:45 am]
BILLING CODE 1410-33-P