[Federal Register Volume 62, Number 89 (Thursday, May 8, 1997)]
[Notices]
[Page 25213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12004]


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LIBRARY OF CONGRESS

Copyright Office
[Docket No. 96-2A]


Eligibility for the Cable Compulsory License

AGENCY: Copyright Office, Library of Congress.

ACTION: Termination of proceeding.

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SUMMARY: The Copyright Office is terminating Docket No. 96-2A until 
further notice due to a Congressional request that the Office undertake 
a global review of copyright licensing of broadcast retransmissions for 
the purpose of recommending legislative revision of the Copyright Act.

EFFECTIVE DATE: June 9, 1997.

FOR ADDITIONAL INFORMATION CONTACT: Nanette Petruzzelli, Acting General 
Counsel, or William Roberts, Senior Attorney for Compulsory Licenses, 
Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, D.C. 
20024. Telephone (202) 707-8380. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION: Section 111 of the Copyright Act, 17 U.S.C., 
grants a compulsory copyright license to cable television systems for 
the retransmission of over-the-air broadcast stations to their 
subscribers. In exchange for the license, cable operators submit 
royalty payments, along with statements of account detailing their 
retransmissions, to the Copyright Office on a semiannual basis, which 
deposits the royalties with the United States Treasury in interest 
bearing accounts for later distribution to copyright owners of non-
network broadcast programming.
    On May 6, 1996, the Copyright Office opened this notice of inquiry 
to consider the eligibility for the cable compulsory license of open 
video systems of telephone companies which retransmit broadcast signals 
pursuant to section 653 of the Telecommunications Act of 1996, Public 
Law No. 104-104, 110 Stat. 56. See 61 FR 20197 (May 6, 1996). The 
Office received comments and/or reply comments from fifteen parties 
addressing some or all of the issues raised by the Copyright Office in 
its Notice of Inquiry.
    While the Office was considering the commenters' arguments as to 
whether open video systems are eligible for a compulsory license under 
section 111 of the Copyright Act, the Office received on February 6, 
1997, a request from Senator Orrin Hatch, Chairman of the United States 
Senate Committee on the Judiciary, that the Office undertake a global 
review of copyright licensing of broadcast retransmissions. Senator 
Hatch asked the Copyright Office to solicit the views of the parties 
affected by the licensing issues being raised in the study, analyze the 
information gathered, and develop policy options and legislative 
recommendations for the Committee to consider before the end of the 
legislative session. Open video systems' eligibility for a section 111 
license was targeted by Senator Hatch as one of the issues to be 
examined in the study.
    The Copyright Office has already begun its examination of the 
issues raised by Senator Hatch and has announced dates for public 
meetings in May. In the process of preparing this study, the Office 
expects to hear from many of the parties who submitted comments in this 
notice of inquiry, both in written statements and at the May 
proceedings; accordingly, the Office anticipates that the issues 
regarding the eligibility of open video systems for the cable 
compulsory license will be fully aired and analyzed. Those who have 
already commented fully in the 96-2A proceeding may incorporate those 
comments by reference in the record for the study (97-1).
    After its analysis of the issues is completed, the Office may, in 
its report to Congress, propose one or more legislative solutions to 
the issues raised in this inquiry. Under these circumstances, the 
Office believes it is not appropriate or advisable to keep this 
rulemaking proceeding open. Therefore, the Copyright Office has decided 
to terminate Docket No. 96-2A until further notice.

    Dated: April 21, 1997.
Marybeth Peters,
Register of Copyrights.

    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 97-12004 Filed 5-7-97; 8:45 am]
BILLING CODE 1410-31-P