[Federal Register: May 9, 1995 (Volume 60, Number 89)]
[Notices]
[Page 24659-24660]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my95-106]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. RM 94-4A]
Cable Compulsory License: Specialty Station List
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of filings, request for comments.
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SUMMARY: The Copyright Office is publishing a list of stations that
sent us affidavits claiming that they legally qualify for specialty
station status. Specialty station status means a commercial broadcast
television station qualifies as a specialty station under former
distant signal carriage rules of the Federal Communications Commission
(FCC) for purposes of administering section 111 of title 17, United
States Code. Any party objecting to a listed station's claim should
send the objection and the reasons for it to the Copyright Office.
DATES: Comments must be received by June 8, 1995. The effective date of
the annotated list will coincide with the beginning of the accounting
period that starts after the final list is published in the Federal
Register.
ADDRESSES: By Mail: Copyright GC/I&R, P.O. Box 70400, Southwest
Station, Washington, DC 20024. By Hand: Office of the General Counsel,
U.S. Copyright Office, James Madison Memorial Building, Room LM 407.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General
Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station,
Washington, D.C. 20024. Telephone: (202) 707-8380. Telefax: (202) 707-
8366.
SUPPLEMENTARY INFORMATION: The Copyright Office is compiling a new
specialty station list of television broadcast stations that qualify as
specialty stations under the former distant signal carriage rules of
the Federal Communications Commission (47 CFR 76.5(kk)(1981)). We
published a Notice of Inquiry asking qualifying stations to submit
sworn affidavits to the Office stating that the programming of their
stations satisfies the FCC's former requirements for specialty station
status\1\ by March 27, 1995. 60 FR 4639 (January 24, 1995). The number
of filings received indicated that many stations had not seen the
Federal Register notice. To assure the new list is complete, we
extended the deadline to April 24, 1995. 60 FR 18426 (April 11, 1995).
\1\The FCC 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 weekly
prime-time hours.'' 47 CFR 76.5(kk)(1976).
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Background
The FCC did not consider the specialty station status of distant
signals carried by cable systems after it deleted its distant signal
carriage rules.\2\ However, specialty station status is still relevant
for administration of section 111 of the Copyright Act of 1976, because
specialty stations may be carried as distant signals by cable
television systems at a significantly lower rate than the 3.75% rate
that is usually incurred by a system when it carries non-permitted
signals.
\2\See Malrite T.V. of New York v. FCC, 652 F2d 1140 (2d cir.
1981), cert. den., 454 U.S. 1143 (1982).
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The Office created its first specialty station list in 1990, and
stated that it would compile a new list at approximately three year
intervals. Ninety stations filed affidavits this year claiming
specialty station status. These stations are listed below. We ask that
any party who objects to another party's claim to specialty station
status submit specific and factual comments as to which station(s) they
object to, and why. The Office will publish a final annotated list of
specialty stations that includes references to objections to stations'
claims. Cable systems considering carriage of stations as specialty
stations may then verify the station's status and program carriage
before making a final decision.
Copyright Office licensing examiners will refer to the final
annotated specialty station list in examining cable systems' claims on
their Statements of Account that particular stations are specialty
stations. If a cable system claims specialty station status for a
station not on the final annotated list, the examiner will check to see
if the station has filed an affidavit since publication of the list.
Although the Office does not officially place stations filing
affidavits after publication of the final list on this list, it will
accept these affidavits for the record.
Specialty Station List: Call Letters and Cities of License
CBAFT Moncton, New Brunswick, Canada
CBEFT Windsor, Ontario, Canada
CBFT Montreal, Quebec, Canada
CBGAT Matane, Quebec, Canada
CBKFT Regina, Saskatchewan, Canada
CBLFT Toronto, Ontario, Canada
[[Page 24660]]
CBOFT Ottawa, Ontario, Canada
CBST Sept-Iles, Quebec, Canada
CBUFT Vancouver, British Colombia, Canada
CBVT Quebec City, Quebec, Canada
CBWFT Winnipeg, Manitoba, Canada
CBXFT Edmonton, Alberta, Canada
CFCM Quebec City, Quebec, Canada
CFER Rimouski, Quebec, Canada
CFTM Montreal, Quebec, Canada
CHEM Trois-Rivieres, Quebec, Canada
CHLT Sherbrooke, Quebec, Canada
CJPM Chicoutimi, Quebec, Canada
CKRN Rouyn, Quebec, Canada
CKRS Jonquiere, Quebec, Canada
CKRT Riviere-Du-Loup, Quebec, Canada
CKSH Sherbrooke, Quebec, Canada
CKTM Trois-Rivieres, Quebec, Canada
KCHF Santa Fe, New Mexico
KCSO Modesto, California
KDTV San Francisco, California
KFCB Concord, California
KFTV Fresno, California
KLUZ Albuquerque, New Mexico
KLXV San Jose, California
KMEX Los Angeles, California
KMPX Decatur, Texas
KMSG Sanger, California
KNSO Merced, California
KNXT Visalia, California
KSBI Oklahoma City, Oklahoma
KSTS San Jose, California
KTFH Conroe, Texas
KTMD Galveston, Texas
KTSF San Francisco, California
KTVW Phoenix, Arizona
KUVN Garland, Texas
KVDA San Antonio, Texas
KVEA Corona, California
KWEX San Antonio, Texas
KWHY Los Angeles, California
KXLN Rosenberg, Texas
W09BI Tallahassee, Florida
W17AB Tallahassee, Florida
W64BW Arlington, Virginia
W65BX Springfield, Massachusetts
W69AY Gainesville, Florida
WACX Leesburg, Florida
WBUY Memphis, Tennessee
WCFC Chicago, Illinois
WCLF Clearwater, Florida
WCTD Miami, Florida
WECN Naranjito, Puerto Rico
WEFC Roanoke, Virginia
WEJC Lexington, North Carolina
WELF Lookout Mountain, Georgia
WFCT Bradenton, Florida
WFGC Palm Beach, Florida
WGBO Joliet, Illinois
WHBR Pensacola, Florida/Mobile, Alabama
WHTN Murfreesboro, Tennessee
WIRS Yauco, Puerto Rico
WKAQ San Juan, Puerto Rico
WKBS Altoona, Pennsylvania
WLCN Madisonville, Kentucky
WLFG Grundy, Virginia
WLTV Miami, Florida
WLYJ Clarksburg, West Virginia
WMCF Montgomery, Alabama
WMBC Newton, New Jersey
WMPV Mobile, Alabama
WNJU Linden, New Jersey
Amsterdam, Pennsylvania
WPCB Greenburg, Pennsylvania
WPGD Nashville, Tennessee
WPMC Jellico, Tennessee
WRXY Tice, Florida
WSCV Ft. Lauderdale, Florida
WSFJ Newark, Ohio
WSNS Chicago, Illinois
WSWS Opelika, Alabama
WTGI Wilmington, Deleware
WTGL Cocoa, Florida
WTLK Rome, Georgia
WTWS New London, Connecticut
WXTV Secaucus, New Jersey
Dated: May 3, 1995.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 95-11396 Filed 5-8-95; 8:45 am]
BILLING CODE 1410-31-P