[Federal Register: November 23, 2001 (Volume 66, Number 226)]
[Page 58761]


Copyright Office

[Docket No. 2001-7 CARP SD 2000]

Ascertainment of Controversy for the 2000 and 2001 Satellite 
Royalty Funds

AGENCY: Copyright Office, Library of Congress.

ACTION: Suspension of filing deadline and request for comments.


SUMMARY: The Copyright Office of the Library of Congress is suspending 
the current filing deadline for comments and Notices of Intent to 
Participate for distribution of the 2000 and 2001 satellite royalty 
funds and seeks comment on a request for a new filing deadline of 
January 15, 2002.

DATES: Comments are due no later than December 10, 2001.

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, S.E., 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, DC 20024. Telephone (202) 707-8380. Telefax: (202) 

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 in one of two ways to copyright 
owners whose works were included in a retransmission of an over-the-air 
broadcast signal and who timely filed a claim for royalties 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 Intent 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 PBS satellite 
    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's motion can be found at 
http://www.copyright.gov/carp/mpaamotion.pdf. MPAA asserts that it 
cannot submit its Notice of Intent to Participate until the Copyright 
Office completes its examination of claims filed for the 2000 satellite 
funds. Once this examination is completed, MPAA will need time to 
secure representation agreements from its claimants before submitting 
its Notice of Intent to Participate. The extension of the filing period 
until January 15, 2002 will, in the opinion of MPAA, allow it 
sufficient time to prepare its Notice.
    In order to consider MPAA's motion, it is necessary to suspend the 
current filing deadline of November 29, 2001. Consequently, interested 
parties need not file at this time their comments on the existence of 
controversies to the distribution of the 2000 satellite royalty funds, 
their comments on the PBS motion for distribution, or their Notices of 
Intent to Participate until further notice.
    In the meantime, the Library seeks comment as to MPAA's motion and 
the advisability of extending the filing deadline until January 15, 
2002, for comments on the existence of controversies and Notices of 
Intent to Participate.

    Dated: November 19, 2001.
David O. Carson,
General Counsel.
[FR Doc. 01-29278 Filed 11-21-01; 8:45 am]