[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Notices]
[Pages 33251-33252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11595]


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LIBRARY OF CONGRESS

Copyright Office

[Docket No. 2007-5]


Cable Compulsory License: Specialty Station List

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of filings, request for comments.

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SUMMARY: The Copyright Office is publishing a final list of stations 
listed in affidavits sent to the Copyright Office in which the owner or 
licensee of the station attests that the station qualifies as a 
specialty station in accordance with the Federal Communications 
Commission's (FCC) definition of specialty station in effect on June 
24, 1981. Any party may file an objection to an owner's claim of 
specialty station status with the Copyright Office.

DATES: Comments must be received on or before July 16, 2007. The 
effective date of the annotated list will coincide with the beginning 
of the accounting period that starts after the publication of the final 
list in the Federal Register.

ADDRESSES: If hand delivered by a private party, the sworn affidavit 
should be brought to Room 401 of the James Madison Building between 
8:30 a.m. and 5 p.m. The material should be addressed as follows: 
Office of the General Counsel, Library of Congress, James Madison 
Building, LM-401, Washington, DC, 20559-6000.
    If delivered by a commercial courier, the sworn affidavit must be 
delivered to the Congressional Courier Acceptance Site (``CCAS'') 
located at 2nd and D Streets, NE, Washington, D.C. between 8:30 a.m. 
and 4 p.m. The envelope should be addressed as follows: Office of the 
General Counsel, U.S. Copyright Office, LM 401, James Madison Building, 
101 Independence Avenue, SE, Washington, DC. Please note that CCAS will 
not accept delivery by means of overnight delivery services such as 
Federal Express, United Parcel Service or DHL.
    If sent by mail (including overnight delivery using U.S. Postal 
Service Express Mail), the sworn affidavit should be addressed to U.S. 
Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest Station, 
Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, Acting General 
Counsel, P.O. Box 70977, Southwest Station, Washington, DC 20024-0977. 
Telephone: (202) 707-8380. Telefax: (202) 252-3423.

SUPPLEMENTARY INFORMATION: Under the cable compulsory license, section 
111 of title 17, United States Code, a cable operator may carry the 
signal of a television station classified as a specialty station at the 
base rate rather than at the higher 3.75% rate that is 
incurred for the carriage of a non-permitted signal. 37 CFR 256.2(c). 
Specialty station status is determined by reference to the former 
regulations of the Federal Communications Commission (FCC) which 
defined a specialty station as ``a commercial television broadcast 
station that generally carries foreign-language, religious, and[sol]or 
automated programming in one-third of the hours of an average broadcast 
week and one-third of the weekly prime-time hours.'' 47 CFR 76.5(kk) 
(1981). The FCC no longer determines whether a station qualifies as a 
specialty station; however, the Copyright Office updates the list 
periodically, because the list remains relevant to the cable statutory 
license scheme.
    The Copyright Office published its first specialty station list in 
1990 under a procedure which allowed the licensee of the station to 
file an affidavit with the Office attesting to the fact that the 
station's
    programming comports with the 1981 FCC definition and hence, 
qualifies it as a specialty station. At the same time, the Office also 
announced its intention to regularly update the list. 55 FR 40021 
(October 1, 1990). The Office's second list was published in 1995. 60 
FR 34303 (June 30, 1995). Its third list was published in 1998. 63 FR 
67703 (December 8, 1998).
    On February 8, 2007, the Copyright Office published a notice asking 
the licensee, or a valid agent of the licensee, to file a sworn 
affidavit with the Copyright Office stating that the station's 
programming satisfies the FCC's former requirements for specialty 
station status. 72 FR 6008 (February 8, 2007). In response to the 
notice, the Copyright Office received affidavits on

[[Page 33252]]

behalf of sixty-one broadcast television stations. These stations are 
listed below. Any party that objects to another party's claim to 
specialty station status should submit specific and factual comments as 
to which station(s) he or she objects to, and why. A final annotated 
list of specialty stations including references to any objections filed 
against a particular station licensee's claim will be published in the 
Federal Register.
    Copyright Office licensing examiners shall refer to the final 
annotated list in examining a statement of account where a cable system 
operator claims specialty station status for a particular station. If a 
cable system operator claims specialty station status for a station not 
on the published final list, the examiner determines whether the owner 
of the station has filed an affidavit since publication of the list. 
Affidavits received after publication of the final annotated list shall 
be kept on file in the Licensing Division of the Copyright Office. Any 
interested party may file an objection to any such late-filed affidavit 
and the objection shall be filed together with the corresponding 
affidavit.

List of Specialty Stations: Call Letter and Cities of License

    KBLN, Grants Pass, OR
    KAKW, Kileen, TX
    KTFO-CA, Austin, TX
    KDTV(TV), San Francisco, CA
    KDTV-CA, Santa Rosa, CA
    KFTV(TV), Hanford, CA
    KMEX-TV, Los Angeles, CA
    KNIC-TV, Blanco, TX
    KTVW-TV, Phoenix, AZ
    KTVW-CA, Flagstaff, AZ
    KUTH(TV), Provo, UT
    KUVE-TV, Green Valley, AZ
    KUVE-CA, Tuscon, AZ
    KUVN-TV, Garland, TX
    KUVN-CA, Fort Worth, TX
    KUVS-TV, Modesto, CA
    KWEX-TV, San Antonio, TX
    KXLN-TV, Rosenberg, TX
    WGBO-TV, Joliet, IL
    WFDC-TV, Arlington, VA
    WLTV(TV), Miami, FL
    WHQS-TV, Cleveland, OH
    WUVG-TV, Athens, GA
    WTNC-LP, Durham, NC
    WUVC-TV, Fayetteville, NC
    WUVP-TV, Vineland, NJ
    WXTV(TV), Paterson, NJ
    K48GX, Tuscon, AZ
    KABE-LP, Bakersfield, CA
    KFPH-TV, Flagstaff, AZ
    KFPH-CA, Phoenix, AZ
    KFSF-TV, Vallejo, CA
    KFTH-TV, Alvin, TX
    KFTR-TV, Ontatio, CA
    KFTU-TV, Douglas, AZ
    KFTU-CA, Tuscon, AZ
    KSTR-TV, Irving, TX
    KTFD-TV, Boulder, CO
    KTFF-TV, Portersville, CA
    KTFF-LP, Fresno, CA
    KTFK-TV, Stockton, CA
    KTFQ-TV, Albuquerque, NM
    WAMI-TV, Hollywood, FL
    WFTT-TV, Tampa, FL
    WFTY-TV, Smithtown, NY
    WFUT-TV, Newark, NJ
    WOTF-TV, Melbourne, FL
    WUTF-TV, Marlborough, MA
    WXFT-TV, Aurora, IL
    WLII(TV), Caguas, Puerto Rico
    WSUR-TV Ponce, Puerto Rico
    KBTF-CA, Bakersfield, CA
    KFTO-CA, San Antonio, TX
    KNIC-CA, San Antonio, TX
    KTFB-CA, Bakersfield, CA
    WFPA-CA, Philadelphia, PA
    K21GC, Safford, AZ
    K45DX, Floresville, TX
    KZOL-LP, Safford, AZ
    K16FB, Globe, AZ
    KDOS-LP, Globe, AZ

    Dated: June 8, 2007
Tanya M. Sandros,
Acting General Counsel.
[FR Doc. E7-11595 Filed 6-14-07; 8:45 am]
BILLING CODE 1410-30-S