[Federal Register: January 31, 1997 (Volume 62, Number 21)]
[Notices]               
[Page 4814]
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LIBRARY OF CONGRESS

Copyright Office
[Docket No. 97-1 CARP SD 92-95]

Ascertainment of Controversy for 1992, 1993, 1994 and 1995 
Satellite Royalty Funds

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice with request for comments.

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SUMMARY: The Copyright Office of the Library of Congress directs all 
claimants to royalty fees collected for the retransmission of 
television broadcast signals by satellite carriers in 1992, 1993, 1994, 
and 1995 to submit Notices of Intent to Participate and comments as to 
whether Phase I and/or Phase II controversies exist as to the 
distribution of these funds. The Office also requests comments as to 
whether it should consolidate the proceedings to distribute the 
royalties for these years into a single or multiple proceedings.

DATES: Comments and Notices of Intent to Participate are due by March 
3, 1997.

ADDRESSES: If sent by mail, an original and five copies of written 
comments and Notices of Intent to Participate should be addressed to: 
Copyright Arbitration Royalty Panel (CARP), P.O. Box 70977, Southwest 
Station, Washington, D.C. 20024. If hand delivered, an original and 
five copies of written comments and Notices of Intent to Participate 
should be brought to: Office of the Copyright General Counsel, James 
Madison Memorial Building, Room 403, First and Independence Avenues, 
S.E., Washington, D.C. 20540.

FOR FURTHER INFORMATION CONTACT: William Roberts, Senior Attorney, or 
Tanya Sandros, Attorney Advisor, Copyright Arbitration Royalty Panels, 
P.O. Box 70977, Southwest Station, Washington, D.C. 20024. Telephone 
(202) 707-8380. Telefax (202) 707-8366.

SUPPLEMENTARY INFORMATION: Each year, satellite carriers submit 
royalties to the U.S. Copyright Office for a statutory license to 
retransmit television broadcast signals to their subscribers. 17 U.S.C. 
119. If no controversies exist, these royalties are, in turn, 
distributed to copyright owners by the Librarian; or alternatively, if 
the parties are unable to negotiate a settlement, by means of an ad hoc 
Copyright Arbitration Royalty Panel (CARP) administered by the 
Librarian of Congress and the Copyright Office.
    Before commencing a distribution proceeding, the Librarian of 
Congress must first ascertain whether a controversy exists among the 
copyright claimants to the fund or funds eligible for distribution. 17 
U.S.C. 803(c). Therefore, the Copyright Office of the Library of 
Congress is requesting comments on the existence of controversies as to 
the distribution of the 1992, 1993, 1994, and 1995 satellite royalty 
funds. Additionally, the Office seeks comment on whether to consolidate 
the distribution of the 1992-95 royalties into a single Phase I 
proceeding, or to conduct multiple Phase I proceedings.
    Finally, the Office requests that those claimants intending to 
participate in the distribution of the 1992-95 royalties file a Notice 
of Intent to Participate. The Notice of Intent to Participate should 
articulate each year of participation (1992, 1993, etc.) and the level 
of participation for each year. i.e. Phase I, Phase II, or both. 
Specifically for Phase II, each claimant must state each program 
category in which he or she has an interest that has not been satisfied 
by private agreement.
    Participants must advise the Office of any particular controversy, 
Phase I and/or Phase II, by the end of the comment period. The Office 
will not consider controversies which are brought to its attention 
after the close of the comment period.

    Dated: January 24, 1997.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 97-2314 Filed 1-30-97; 8:45 am]


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