[Federal Register: December 20, 1999 (Volume 64, Number 243)]

[Proposed Rules]               

[Page 71086]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Copyright Office

37 CFR Part 201

[Docket No. RM 98-1A]


Satellite Carrier Statutory License; Definition of Unserved 


AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of termination.


SUMMARY: The Copyright Office of the Library of Congress is closing 

this rulemaking to determine whether local retransmissions are covered 

by the section 119 satellite statutory license because the matter has 

been resolved by passage of the Satellite Home Viewer Improvement Act 

of 1999.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 

William J. Roberts, Senior Attorney for Compulsory Licenses, P.O. Box 

70977, Southwest Station, Washington, DC 20024. Telephone: (202) 707-

8380. Fax: (202) 252-3423.

SUPPLEMENTARY INFORMATION: On January 26, 1998, by petition from 

EchoStar Communications Corporation (``EchoStar''), the Copyright 

Office opened this rulemaking proceeding to consider whether the 

section 19 satellite carrier statutory license was broad enough in 

scope to encompass satellite retransmission of television broadcast 

stations to subscribers who resided within the local markets of those 

stations. 63 FR 3685 (January 26, 1998). It was the second time in two 

years that the Copyright Office had been requested to consider whether 

section 119 covered local retransmissions.

    The passage of the Satellite Home Viewer Improvement Act of 1999 

(``SHVIA'') has rendered this rulemaking proceeding moot. Congress has 

clarified that local retransmissions are not covered by the section 119 

license. Instead, they are covered by the new, royalty-free section 122 

license that is expressly limited to local retransmissions of 

television broadcast stations by satellite carriers.

    Because this rulemaking has been superseded by an Act of Congress, 

the Office is closing the above-captioned docket number and is 

terminating this proceeding.

    Dated: December 15, 1999.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 99-32906 Filed 12-17-99; 8:45 am]