[Federal Register: February 15, 1996 (Volume 61, Number 32)]
[Notices]
[Page 6040-6041]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 94-3 CARP-CD-90-92]
Distribution of 1990, 1991 and 1992 Cable Royalty Funds
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice with request for comments.
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SUMMARY: The Copyright Office directs all claimants to royalty fees
collected for secondary transmissions by cable systems in 1990, 1991,
and 1992 to submit comments as to whether Phase II controversies exist
as to the distribution of these funds. The Office is also directing
those claimants reporting the existence of Phase II controversies to
file a Notice of Intent to Participate.
DATES: Comments on controversies and Notices of Intent to Participate
are due March 15, 1996.
ADDRESSES: If sent by mail, an original and five copies of the comments
on controversies and the Notice of Intent to Participate 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 of the comments on controversies and the
Notice of Intent to participate should be brought to: Office of the
Copyright General Counsel, James Madison Memorial Building, Room 407,
First and Independence Avenue, SE., Washington, DC 20540.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General
Counsel, or William Roberts, Senior Attorney, Copyright Arbitration
Royalty Panel (CARP), P.O. Box 70977, Southwest Station, Washington, DC
20024. Telephone (202) 707-8380. Telefax (202) 707-8366.
SUPPLEMENTARY INFORMATION:
I. Background
Each year, cable systems submit royalties to the U.S. Copyright
Office for a statutory license to retransmit broadcast signals to their
subscribers. 17 U.S.C. 111. These royalties are, in turn, distributed
to the appropriate copyright owners by means of a cable royalty
distribution proceeding. Distribution proceedings were formerly
conducted by the Copyright Royalty Tribunal. However, on December 17,
1993, the Tribunal was abolished. Royalty distribution proceedings are
now conducted by ad hoc copyright arbitration royalty panels (CARPs)
convened and supported by the Library of Congress and the Copyright
Office. Copyright Royalty Tribunal Reform Act of 1993, Public Law 103-
198, 107 Stat. 2304 (1993).
Currently, the Copyright Office is conducting its first
distribution of cable royalties under the new CARP regime. On March 21,
1995, the Office consolidated distribution of the 1990, 1991 and 1992
cable royalty funds into a single proceeding, and announced that it
would conduct Phase I and Phase II controversies sequentially. 60 FR
14971 (March 21, 1995). The Office would first conduct a proceeding and
convene a CARP to resolve all Phase I controversies for the 1990-92
funds, and, after the proceeding had been completed, would ``ascertain
the existence of any Phase II controversies and conduct separate
proceedings.'' <SUP>1 60 FR at 14974. The Office also announced that it
would resolve the issue of whether to allow a single CARP to resolve
more than one Phase II controversy at the time it determined the
existence of any Phase II controversies. Id.
\1\ The Copyright Office faces the possibility of initiating
multiple CARP proceedings in 1996. Therefore, in the interest of
establishing workable schedules for the Copyright Office and for the
interested parties to these future proceedings, the Office requests
comments concerning the ascertainment of Phase II controversies in
the current cable distribution proceeding at this time.
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The CARP proceeding to resolve Phase I controversies for the 1990-
92 royalties commenced on December 4, 1995, and will close on June 1,
1996. 60 FR 58680 (November 28, 1995). CARP proceedings to resolve
Phase II controversies, if any, may therefore be scheduled anytime
after June 1, 1996, in accordance with the Office's decision to handle
them sequentially. See 60 FR 14971, 14974. Conversely, the Office
[[Page 6041]]
also seeks to be advised of Phase II categories that are completely
settled.
II. Comments on Controversies
In order to schedule proceedings to resolve Phase II controversies
as soon as possible after the conclusion of arbitration proceedings in
Phase I, the Copyright Office directs all claimants to royalty fees
collected in 1990, 1991 and 1992 for secondary transmissions by cable
systems to submit comments as to whether controversies exist as to the
distribution of these funds. If any controversies exist, the claimant
should specifically name the claimants with whom he or she has a
controversy. The Office also seeks comments as to whether each Phase II
controversy should be handled by a separate CARP, or whether a single
CARP should handle more than one or all controversies. Comments must be
submitted no later than March 15, 1996.
III. Notice of Intent to Participate
In addition to comments on controversies, the Copyright Office
requests those claimants who have identified the existence of a Phase
II controversy and wish to participate in a Phase II distribution
proceeding, to file a Notice of Intent to Participate in the proceeding
by March 15, 1996. Failure of a claimant to file a timely Notice of
Intent to Participate, or to be represented by another claimant filing
a timely Notice, will subject the Phase II claim to dismissal. The
filing of a timely Notice of Intent to Participate is thus critical to
a claimant being able to present an effective claim in a Phase II
proceeding.
Dated: February 12, 1996.
Marilyn J. Kretsinger,
Acting General Counsel.
[FR Doc. 96-3437 Filed 2-14-96; 8:45 am]
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