Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Notices 18869

Family of one Family of two Family of three Family of four Family of five Family of six

$11,569 $18,953 $26,013 $32,109 $37,894 $44,316 11,744 19,247 26,430 32,617 38,493 45,014 11,808 19,350 26,560 32,781 38,691 45,244 12,012 19,679 27,012 33,341 39,348 46,012 12,279 20,116 27,609 34,082 40,220 47,036 12,334 20,218 27,760 34,261 40,433 47,287 12,416 20,342 27,931 34,477 40,685 47,577 12,454 20,406 28,008 34,578 40,811 47,730 12,476 20,436 28,055 34,629 40,873 47,798 12,672 20,765 28,508 35,186 41,528 48,565 12,671 20,769 28,511 35,188 41,528 48,564 12,674 20,774 28,520 35,205 41,547 48,587 12,871 21,098 28,958 35,749 42,185 49,344 13,264 21,743 29,841 36,836 43,473 50,835 13,325 21,846 29,979 37,012 43,681 51,087 13,349 21,875 30,030 37,064 43,738 51,154 13,513 22,146 30,406 37,530 44,293 51,803 13,951 22,868 31,393 38,745 45,727 53,468 14,021 22,977 31,547 38,944 45,955 53,750 14,045 23,011 31,588 38,992 46,020 53,813 14,593 23,917 32,825 40,521 47,823 55,923 14,731 24,140 33,143 40,915 48,281 56,471 15,016 24,605 33,770 41,689 49,198 57,540 15,297 25,057 34,402 42,465 50,114 58,605 15,342 25,141 34,510 42,595 50,271 58,788 15,422 25,277 34,695 42,832 50,542 59,118 15,614 25,589 35,135 43,364 51,177 59,845 15,705 25,737 35,327 43,606 51,465 60,188 16,114 26,397 36,243 44,737 52,795 61,746 16,680 27,326 37,519 46,311 54,652 63,920 16,960 27,784 38,147 47,090 55,569 64,984 17,097 28,017 38,455 47,469 56,023 65,509 18,042 29,556 40,580 50,089 59,110 69,133 18,104 29,668 40,724 50,272 59,324 69,378 18,436 30,205 41,465 51,191 60,408 70,654

Signed at Washington, DC, this 12th day of identified as such by cable systems on and one-third of the weekly prime-time March, 2012. their semi-annual statements of account. hours.’’ 47 CFR 76.5(kk) (1981). The Jane Oates, DATES: Effective Date: March 28, 2012. specialty station designation was part of Assistant Secretary for Employment and Applicability Dates: The list is a complex regulatory structure Training. applicable to statements of account filed governing the carriage of distant [FR Doc. 2012–7377 Filed 3–27–12; 8:45 am] with the Copyright Office beginning network station signals in the 1970s. BILLING CODE 4510–FT–P with the first accounting period of 2012 However, the FCC no longer determines covering January 1, 2012 to June 30, whether a station qualifies as a specialty 2012. station. It repealed its distant signal LIBRARY OF CONGRESS FOR FURTHER INFORMATION CONTACT: Ben carriage rules in 1981 and has not Golant, Assistant General Counsel, and reviewed its specialty station policy Copyright Office Tanya M. Sandros, Deputy General since that time. Nevertheless, the Office Counsel, Copyright GC/I&R, P.O. Box still keeps an active list because it is [Docket No. 2011–1] 70400, Southwest Station, Washington, relevant to the calculation of royalties DC 20024. Telephone: (202) 707–8380. under Section 111. Cable Statutory License: Specialty Telefax: (202) 707–8366. Station List On this point, it should be noted that SUPPLEMENTARY INFORMATION: Under the over twenty years ago, the Office AGENCY: Copyright Office, Library of cable statutory license, 17 U.S.C. 111, a implemented policies and procedures Congress. cable operator may retransmit the signal concerning notice to the public ACTION: Final specialty station list. of a distant television station identified regarding specialty stations, the point of as a specialty station at the base rate which was to provide all interested SUMMARY: The Copyright Office is rather than at the higher 3.75% rate that parties with a chance to comment on publishing a final list of stations listed is incurred for the carriage of a non- those stations claiming specialty status. in affidavits sent to the Copyright Office permitted signal. 37 CFR 256.2(c). It was the Office’s intention at that time in which the owner or licensee of the Specialty station status is determined by that the notice, publication, and station attests that the station qualifies reference to the former regulations of objection procedures would give all as a specialty station in accordance with the FCC which defined a specialty parties a chance to cooperate in their the Federal Communications station as ‘‘a commercial television assessment of the specialty stations on Commission’s (‘‘FCC’’) definition of broadcast station that generally carries the list. 54 FR 38461, 38464 (September specialty station in effect on June 24, foreign-language, religious, and/or 18, 1989). The Office published its first 1981. The list shall be used to verify the automated programming in one-third of specialty station list in 1990 under these specialty station status of those stations the hours of an average broadcast week procedures which allowed the owner of

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the station to file an affidavit with the authority for, or is relevant to, whether included on the Specialty Station list as Office attesting to the fact that the the Office can make a final long as the station met the FCC’s criteria station’s programming comports with determination on the classification of a for a specialty station prior to going the 1981 FCC definition, and hence, broadcast station as a specialty station. silent and will meet the criteria when it qualifies it as a specialty station. 55 FR See 76 FR 69288 (Nov. 22, 2011). In returns to the air. See VTG et. al. Reply 40021 (October 1, 1990). The Office addition, in keeping with its earlier to Opposition at 1–3. noted at that time that it would practices, the Office notified each No one, however, filed comments periodically update the list and has station directly of the objection to its responsive to the Office’s request done so on several occasions. filing and of the opportunity to file regarding the Register’s authority to Accordingly, on January 28, 2011, the reply comments in support of its resolve any dispute concerning the Office again initiated a proceeding to affidavit. identification of a particular station as a update the list with the publication of Storefront Television, LLC d/b/a specialty station. Nevertheless, the a Notice in the Federal Register asking Caribbean Broadcasting Network Office has considered MPAA’s the owner, or a valid agent of the owner, (‘‘Storefront’’), the licensee of WPRU– arguments and rejects its contention that to file a sworn affidavit stating that the LP, WSJX–LP, and WVXF(TV) Section 411(b)(1) provides any basis for station’s programming satisfies the responded to the objection of the MPAA the Register to make these FCC’s former requirements for specialty to the inclusion of its three stations in determinations. Contrary to MPAA’s station status. 76 FR 5213 (January 28, the specialty station list compiled by the claims, there is no statutory authority 2011). The Office received affidavits Office. It commented that the FCC under this provision for the Register to from 63 broadcast stations for which the determined that English language make any substantive determinations owner or licensee of the television programming is foreign language with regard to specialty station status. station had filed the requested affidavit. programming in Puerto Rico and In 2008, Congress passed the The Office then published an initial English language stations imported into Prioritizing Resources and Organization specialty station list in the Federal the San Juan market are considered for Intellectual Property Act, Public Law Register on April 22, 2011. 76 FR 22733 specialty stations. See Cable Television 110–403, which inter alia added a new (April 22, 2011). Co. of Puerto Rico, 46 FCC 2d 1096 paragraph 411(b) to ensure that no court In the aforementioned Notice, the (1974); Cable TV Puerto Rico, 68 FCC 2d holds a registration certificate invalid Office stated that any party objecting to 609 (1978). It asserted that WPRU–LP due to what it considers to be a any claim to specialty station status and WSJX–LP, as English language misstatement on an application without must submit comments with the Office stations licensed in Puerto Rico, first obtaining input from the Register as stating his or her objections within qualified as specialty stations. With to whether the application was properly thirty days of publication of this Notice regard to WVXF(TV), Storefront stated filed. The legislative history states that in the Federal Register. The Motion that this television station is licensed to Congress adopted this amendment ‘‘to Picture Association of America, Inc. the US Virgin Islands, but its English prevent intellectual property thieves (‘‘MPAA’’) made such a filing and language programming is imported into from exploiting th[e] potential objected to the inclusion of certain Puerto Rico. It concluded that this loophole’’ that would allow them to television stations. MPAA also station also qualified as a specialty argue that ‘‘a mistake in the registration contended that the Register has the station under the circumstances. See documents, such as checking the wrong authority to determine whether a Storefront Reply to Opposition at 1–2. box on the registration form, renders a particular station is properly identified Venture Technologies Group, registration invalid and thus forecloses as a specialty station. In its objection, LLC(‘‘VTG’’) (licensee of WNYA–CA, the availability of statutory damages.’’ MPAA referred to the standards set forth KHTV–LP, WNJJ–LD, KEBK–LP, KFIQ– H.Rep. No. 110–617, at 24 (2008). in 17 U.S.C. 411(b)(1) regarding the use LP, KILA–LP, KMRZ–LP, KRMV–LP, The language of this provision is of a registration certificate for purposes KRPE–LP, KRVD–LP, KSCZ–LP, KSGO– solely directed at registration. There are of filing an infringement suit, noting LP, WXOX–LP, KFMP–LP, KDBK–LP, no words, phrases or terms that tie this that the certificate of registration would W20CM, W26DB, W34DI, W42CX, provision in any way to Section 111, not be valid for this purpose if the W46DQ, W49DK, W52DW, W59EA), much less specialty stations. Nor does it application contained inaccurate Four Seasons Peoria, LLC (licensee of convey any general authority on the information which, ‘‘if known would WBQD–LP), World Television of Register to opine on the characterization have caused the Register of Copyrights Washington, LLC, and WLFM, LLC of a station as a specialty station under to refuse registration.’’ MPAA (licensee of WLFM–LP) also filed a a defunct FCC regulation. Rather, maintained that the same principle response to MPAA’s objection to the Section 411(b) is a narrowly crafted should apply in the case of specialty inclusion of several of their stations on provision that provides a mechanism for stations where the Office has accurate the specialty station list compiled by the the court to seek an opinion from the information to make a final Office. These four broadcast groups Register on the consequences of an error determination as to whether a particular asserted that their listed stations carry on the registration certificate under the station should be characterized as a automated programming in at least one- Copyright Office’s policies and specialty station. third of the hours of an average practices. In a subsequent notice, the Office broadcast week and one third of the The Office also rejects MPAA’s provided an opportunity for the weekly prime-time hours. They suggestion that the Office adopt the television broadcast stations that had concluded that all listed stations principles of Section 411(b) to deny filed affidavits attesting to their qualified as specialty stations under the specialty station status based on the specialty station status the opportunity FCC’s former rules and the affidavits information provided in the affidavit. to rebut any objections filed to their submitted asserting the status of each Whereas the Office’s registration identification as a specialty station and station are accurate. They also stated practices and policies provide a basis clarify their status for the purposes that the fact that a licensed station is for the Office to advise the court on the expressed herein. Moreover, the Office temporarily off the air because of significance of an error on the sought comment on MPAA’s contention technical or other considerations should certificate, the same is not true with that 17 U.S.C. 411(b)(1) provides not prevent that station from being respect to the specialty station list. The

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policies and procedures for creating this the same way they have done in the WBPA–LP, Pittsburgh, PA list are limited in scope and do not past. That is, if a cable operator claims WBQD–LP, Davenport, IA establish a process by which the Office specialty station status for a contested WCHU–LP, Chicago, IL can resolve the specialty station status WDWO–CA, Detroit, MI station on the list, the examiner will WDYR–CA, Dyersburg, TN of a particular station, regardless of the inform the operator by letter that a WHCT–LP, Hartford/Springfield, CT purported facts. Since the inception of particular party objects to the ‘‘specialty WINM, Angola, IN this process, the Office has stated station characterization.’’ See 54 FR WKBS–TV47, Altoona, PA clearly that it would not play a role in 38461, 38464 (September 18, 1989). The WLFM–LP, Chicago, IL determining the merits of a specialty cable operator may then file an WLJC–TV, Beattyville, KY station claim, noting that ‘‘it should not amended Statement of Account and WLXI, Greensboro, NC itself verify the specialty station status recalculate royalties, if the operator so WMBC–TV, Newton, NJ of particular stations.’’ 54 FR 38466 chooses. WNJJ–LD, Paterson, NJ (September 18, 1989). The Office has WNYA–CA, Kinderhook, NY Final Specialty Station List WNYB, Jamestown, NY also commented that it periodically WPCB–TV40, Greensburg, PA provides an updated annotated list so CBAFT, Moncton, New Brunswick, Canada WPRU–LP, Aguadilla, P.R. that ‘‘cable systems can make an CBFT, Montreal, Quebec, Canada WRAY–TV, Wilson, NC informed decision as to whether MPAA CBKFT, Regina, Saskatchewan, Canada WRLM, Canton, OH or any other party might contest the CBLFT, Toronto, Ontario, Canada WSJP–LP, Aguadilla, P.R. system’s carriage of a particular station CBOFT, Ottawa, Ontario, Canada WSJX–LP, Aguadilla, P.R. CBUFT, Vancouver, British Columbia, WTCT–Marion, IL on a specialty basis.’’ 56 FR 61056 Canada (November 29, 1991). In light of these WTLJ, Muskegon, MI CBVT, Quebec City, Quebec, Canada WVXF(TV), Charlotte Amalie, USVI policies and practices, there is no CBWFT, Winnipeg, Manitoba, Canada WXLI, Greensboro, NC support for MPAA’s contention that the CBXFT, Edmonton, Alberta, Canada WXOX–LP, Cleveland, OH Office can make determinations CHLT–TV, Sherbrooke, Quebec, Canada XERV–TV, Reynosa, Tamaulipas, Mexico regarding the specialty status of a CIMT, Riviere-du-Loup, Quebec, Canada XHAB–TV, Matamoros, Tamaulipas, Mexico CJBR, Rimouski, Quebec, Canada particular station under the principles Dated: March 21, 2012. underlying Section 411(b). CKSH, Sherbrooke, Quebec, Canada As noted above, the Office received CKTM, Trois-Rivieres, Quebec, Canada Maria A. Pallante, CKTV, Saguenay, Quebec, Canada Register of Copyrights. affidavits from 63 broadcast stations for K24IC–D, Bellingham, WA [FR Doc. 2012–7430 Filed 3–27–12; 8:45 am] which the owner or licensee of the KAZA–DTV, Avalon, CA television station had filed the KBBC–TV, Bishop, CA BILLING CODE 1410–30–P requested affidavit. Since the KBCB, Bellingham, WA publication of the initial list, the Office KBFD–DT, Honolulu, HI received 24 additional affidavits, KBKF–LP, San Jose, CA NUCLEAR REGULATORY attesting to the specialty station status of KCGI–CA, Cape Girardeau, MO COMMISSION the 24 identified stations. Because the KCSO–LD, Sacramento, CA [NRC–2011–0025] Office received a substantial number of KDBK–LP, Caliente, CA KEBK–LP, Bakersfield, CA late filed affidavits, the Office found it KEFM–LP, Chico, CA Administrative Guide for Verifying necessary to seek input from the public KFIQ–LP, Lubbock, TX Compliance With Packaging regarding the asserted specialty station KFMP–LP, Lubbock, TX Requirements for Shipment and status of these particular stations and KHTV–LP, Los Angeles, CA Receipt of Radioactive Material allow any interested party to file an KILA–LP, Cherry Valley, CA objection to these newly listed stations. KMRZ–LP, Moreno Valley, CA AGENCY: Nuclear Regulatory See 76 FR 69288 (November 8, 2011). KNET–CA, Los Angeles, CA Commission. No one filed any objections to the KNLA–LP, Los Angeles, CA ACTION: Regulatory guide; issuance. television stations listed in this most KNNN–LP, Redding, CA KRMV–LP, Walnut, CA SUMMARY: The U.S. Nuclear Regulatory recent Federal Register publication. As KRPE–LP, Banning, CA such, these stations shall be duly listed Commission (NRC or Commission) is KRVD–LP, Banning, CA issuing a revision to Regulatory Guide here. KSCZ–LP, Greenfield, CA The final list of specialty stations, as KSFV–CA, Los Angeles, CA 7.7, ‘‘Administrative Guide for Verifying identified in the affidavits and KSGO–LP, Chico, CA Compliance with Packaging published herein, shall be applicable to KSXC–LP, S. Sioux City, NE Requirements for Shipment and Receipt accounting periods beginning on KTSF, San Francisco, CA of Radioactive Material.’’ This January 1, 2012. Licensing examiners KWHY–TV, Los Angeles, CA regulatory guide describes an approach shall refer to the final annotated list in KWTA–LP, Tucson, AZ the staff of the NRC considers W07DP–D35, Harrisburg, PA examining a statement of account where acceptable for meeting the W14DFD–TV14, Elliotsburg, PA administrative requirements associated a cable system operator claims specialty W16COD–TV16, Middleburg, PA station status for a particular station. If W20CM, Port Jervis, NY with the shipment and receipt of a cable system operator claims specialty W26DB, Port Jervis, NY radioactive materials. station status for a station not on the W29CO–TV29, Sharon, PA ADDRESSES: Please refer to Docket ID published final list, the examiner shall W34DI, Port Jervis, NY NRC–2011–0025 when contacting the determine whether the owner of the W42CX, Port Jervis, NY NRC about the availability of station has filed an affidavit since W45BT–TV45, Brookville, PA information regarding this document. publication of the list. W46DQ, Port Jervis, NY You may access information related to W46EJ–D21, Clarksburg, WV With regard to the treatment of W49DK, Port Jervis, NY this document, which the NRC contested specialty stations after this W52DW, Port Jervis, NY possesses and is publicly available, proceeding concludes, it is important to W59EA, Port Jervis, NY using the following methods: note that the Licensing Division WAQP, Saginaw, MI • Federal Rulemaking Web Site: Go to examiners will look at these stations in WBNF–CA, Buffalo, NY http://www.regulations.gov and search

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