[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Notices]
[Pages 6040-6041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3437]



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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.'' 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]
BILLING CODE 1410-33-P