[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Proposed Rules]
[Pages 63502-63506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31295]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 253
[Docket No. 96-6 CARP NCBRA]
Noncommercial Educational Broadcasting Compulsory License
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Copyright Office of the Library of Congress is submitting
for public comment additional settlement proposals for the adjustment
of the royalty rates for the noncommercial educational broadcasting
compulsory license and proposed regulations for implementing these
rates.
DATES: Comments and Notices of Intent to Participate are due by
December 29, 1997. If comments and Notices of Intent to Participate are
not received by this date, the proposed terms and rates shall become
effective on January 1, 1998.
ADDRESSES: If sent by mail, an original and five copies of comments,
and Notices 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
comments, and Notices of Intent to Participate, should be brought to:
Office of the Copyright General Counsel, James Madison Memorial
Building, Room LM-407, First and Independence Avenue, SE., Washington,
DC 20540.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel,
William J. Roberts, Senior Attorney, or Tanya Sandros, Attorney
Advisor, Copyright Arbitration Royalty Panel (CARP), P.O. Box 70977,
Southwest Station, Washington, D.C. 20024. Telephone (202) 707-8380.
Telefax: (202) 707-8366.
SUPPLEMENTARY INFORMATION:
I. Background
Section 118 of the Copyright Act, 17 U.S.C., creates a compulsory
license for the use of published nondramatic musical works and
published pictorial, graphic, and sculptural works in connection with
noncommercial broadcasting. Terms and rates for this compulsory
license, applicable to parties who are not subject to privately
negotiated licenses, are published in 37 CFR part 253 and are subject
to adjustment at five year intervals. 17 U.S.C. 118(c). The last
adjustment of the terms and rates for the section 118 license occurred
in 1992, making 1997 a window year for the adjustment of these terms
and rates. 57 FR 60954 (December 22, 1992).
Section 118(b) provides that any copyright owner and any public
broadcasting entity may negotiate the rates and terms for the
compulsory license, or in the absence of a negotiated license,
The Librarian of Congress shall, pursuant to Chapter 8, convene
a copyright arbitration royalty panel to determine and publish in
the Federal Register a schedule of rates and terms which, subject to
paragraph (2), shall be binding on all owners of copyright in works
specified by this subsection and public broadcasting entities,
regardless of whether such copyright owners have submitted proposals
to the Librarian of Congress * * *
Interested parties who submit proposals for adjusting the terms and
rates for the section 118 license directly to the Librarian of Congress
may petition the Librarian to submit these proposals to a public notice
and comment proceeding, whereby copyright owners and users that would
be affected by the proposals are given the opportunity to challenge
them. 37 CFR 251.63. Any party who objects to the proposed terms and
rates must submit, in turn, its challenges by a date certain, and must
be entitled to participate in the CARP proceeding adjusting the section
118 terms and rates. If no challenges are received, or if challenges
are received by an interested party who will not participate in a CARP
proceeding, the Librarian may adopt the terms and rates of the
proposals.
Accordingly, interested copyright owners and users of these works
may file either a voluntary agreement or a joint proposal outlining the
adjustments to the terms and rates for the section 118 license; or in
the case of unaffiliated copyright owners,1 the users may
submit their proposals for the adjustment of the terms and rates of the
section 118 license directly to the Librarian of Congress. See 62 FR
51619 (October 2, 1997). A joint proposal differs significantly from a
voluntary settlement. The parties to a voluntary agreement represent
all persons who would be affected by the agreement and the parties have
the authority to bind their members. In a joint proposal, the parties
to the agreement do not represent all persons who would be affected by
the agreement, or if they do, at least one of the parties does not have
the authority to bind its members.
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\1\ An unaffiliated copyright owner is one whose interests are
not represented by a performing rights society, or by any other
organization participating in the proceeding.
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II. This Proceeding
A. The Interested Parties
Seven parties filed notices of intent to participate with the
Copyright Office in a proceeding to adjust the terms and rates of the
section 118 license. Two additional parties, The American Council on
Education and The National Federation of Community Broadcasters,
participated in the negotiations of the joint proposals which certain
parties filed with the Office on October 1, 1997. The following parties
represent users of copyrighted works in this proceeding:
Public Broadcasting Services (PBS)--a non-profit membership
corporation which, among other things, represents the interests of its
member noncommercial, educational broadcasting stations in rate setting
and royalty distribution proceedings in the United States, Canada, and
in Europe.
National Public Radio (NPR)--a non-profit membership organization
dedicated to the development of a
[[Page 63503]]
diverse noncommercial educational radio programming service.
National Religious Broadcasters Music License Committee (NRBMLC)--
an organization that represents noncommercial educational radio
broadcasters that are associated as members of National Religious
Broadcasters.
The American Council on Education (ACE)--an association
representing over 1,500 colleges, universities and associations in
higher education, some of which operate noncommercial educational radio
broadcast stations.
The National Federation of Community Broadcasters (NFCB)--a
national membership organization representing over 85 independent,
community based noncommercial radio broadcasters.
The following parties represent the owners of the copyrighted
works:
American Society of Composers, Authors and Publishers (ASCAP)--a
performing rights society which, among other things, licenses on a non-
exclusive basis the right of nondramatic public performance of its
members' copyrighted musical compositions.
Broadcast Music, Inc. (BMI)--a performing rights society which,
among other things, licenses the non-exclusive right to perform
publicly the copyrighted musical compositions of its writers and
publisher affiliates.
SESAC, Inc.--a performing rights society which, among other things,
licenses the non-exclusive right to perform publicly the copyrighted
musical compositions of its writers and publisher affiliates.
National Music Publishers Association, Inc. (NMPA) and The Harry
Fox Agency, Inc. (HFA)--NMPA is an organization representing the
interests of over 600 commercially active American music publishers,
and the HFA is a wholly owned subsidiary which acts as a licensing
agent for over 17,000 publishers.
B. Chronology
On October 18, 1996, the Library published a notice in the Federal
Register requesting comments from interested parties as to the need for
a CARP proceeding to adjust the section 118 terms and rates. 61 FR
54459 (October 18, 1996). The notice also announced the dates of the
voluntary negotiation period, a precontroversy discovery schedule, and
an initiation date for a CARP. At the request of the parties, the
Library vacated the schedule and instructed the parties to appear at
the Library on May 1, 1997, to inform the Office of the progress of
their settlement negotiations.
The parties appeared at the May 1 status conference and requested
additional time. The Office granted this request, but scheduled another
status meeting in order to monitor the progress of the negotiations.
The staff from the Copyright Office met with the parties again on July
24, 1997, at which time the parties identified the need for a CARP
proceeding. Subsequently, the Library announced a second schedule
setting dates for the precontroversy discovery period and for convening
the CARP. Order in Docket No. 96-4 CARP NCBRA (July 30, 1997).
In accordance with the precontroversy schedule, on September 2,
1997, the Copyright Office received proposed rates and terms for the
payment of royalty fees to ``unaffiliated copyright owners,'' from the
National Religious Broadcasters Music License Committee (NRBMLC), the
Public Broadcasting Service, and the National Public Radio. Because the
identity of such copyright owners is not known, copyright users are
unable to negotiate with them to reach private agreements, and their
interests would not be represented if the matter were submitted to a
CARP. Accordingly, on October 2, 1997, the Copyright Office published
the proposed terms and rates for public comment. 62 FR 51619 (Oct. 2,
1997). The notice elicited no comments opposing the proposed rates for
the ``unaffiliated copyright owners.''
Regulatory language implementing these proposals has been included
in this document. Although further comment on the substance of these
regulations is precluded, parties may file comments with the Copyright
Office concerning the implementation of the proposals in the regulatory
language.
Negotiations continued throughout the precontroversy settlement
period. As a result, on October 1, 1997, certain parties filed notices
of settlement and joint proposals for further adjusting the rates for
the payment of the noncommercial compulsory license royalties, pursuant
to 17 U.S.C. 118.
1. Notices of Settlement
SESAC, Inc., on behalf of its affiliated songwriters and music
publishers, and the National Public Radio (NPR) and the Public
Broadcasting Service (PBS), on behalf of the noncommercial educational
broadcast stations they represent, reached an agreement on the rates
and terms of a voluntary license between them covering the period
January 1, 1998, through December 31, 2002. The Harry Fox Agency, Inc.
(HFA), on behalf of its affiliated music publishers and other copyright
proprietors, and NPR/PBS, on behalf of the noncommercial broadcast
stations they represent in this proceeding, also reached an agreement
between them covering the same period, January 1, 1998, through
December 31, 2002.
These license agreements will be given effect in lieu of any
determination by the Librarian of Congress, provided that the copies of
the license agreements are filed with the Copyright Office within
thirty days of the execution thereof. See 17 U.S.C. 118(b)(2).
Accordingly, with respect to the use by PBS and NPR of musical
compositions found in the SESAC repertory, or the use by PBS and NPR of
copyrighted works whose owners are represented by The Harry Fox Agency,
no regulations will be proposed.
2. Uncontested Proposal
The National Religious Broadcasters Music License Committee
(NRBMLC) submitted an uncontested proposal as its direct case for
adjusting the current rates and terms for the recording of nondramatic
musical works by noncommercial radio stations ``other than in an NPR
produced radio program.'' See 37 CFR 253.7(b)(4). The NRBMLC proposes
that no adjustment be made to the rates and terms, which were in effect
for the previous cycle. NRBMLC contends that the current rates and
terms are ``reasonable and that no circumstances exist that would
warrant modification of these rates.'' On November 18, 1997, NRBMLC
filed an amendment to its proposal adopting the same rates for this
provision that apply to the works of an ``unaffiliated copyright
owner'' similarly situated. See 62 FR 51619 (October 2, 1997).
3. Joint Proposals
a. Performances of Musical Works by Public Broadcasting Entities
Licensed to Colleges and Universities Not Affiliated with NPR. SESAC
and ACE have submitted a joint proposal which would increase the rate
which applies to public broadcasting entities licensed to colleges and
universities not affiliated with NPR to $60 for 1998, subject to an
annual cost of living adjustment thereafter. See 37 CFR 253.5(c)(3).
ASCAP and ACE also submitted a joint proposal to the Librarian which
proposes maintaining the current rate for college radio stations not
affiliated with NPR, with an annual cost of living adjustment. See 37
CFR 253.5(c)(1). In addition, BMI, in its direct case, proposed
``continuing its fee with respect to college and university radio
stations not affiliated with NPR, subject to an annual cost of living
adjustment permitted under 37 CFR 253.10 (1996).''
[[Page 63504]]
Direct Case of BMI at 2. See 37 CFR 253.5(c)(2).
Both ASCAP and BMI propose that the 1998 rates consist of the
current rate with an annual cost of living increase, based upon the
annual change in the Consumer Price Index (CPI)--the methodology
adopted by the former Copyright Royalty Tribunal in the 1987 rate
adjustment proceeding and maintained in the 1992 rate adjustment
proceeding. 52 FR 49010 (December 29, 1987) and 57 FR 60954 (December
22, 1992). Assuming no party challenges the ASCAP and BMI proposals,
new rates for ASCAP and BMI will be calculated based upon the change in
the CPI, during the period between the first CPI subsequent to December
1, 1996, and the last CPI published prior to December 1, 1997. These
rates will be published at the time the final rules are published in
the Federal Register. No similar adjustment is necessary for the rate
jointly proposed by SESAC and ACE, since their proposed rate already
reflects an upward adjustment for the coming year. In each subsequent
year covered by the terms of these proposals, an annual cost of living
adjustment will be made to the royalty rate for performing the musical
compositions in the ASCAP, BMI, and SESAC repertory.
The parties to these joint proposals submit that the proposed
annual compulsory license fees are made on a nonprejudicial and
nonprecedential basis. As the Copyright Royalty Tribunal did in the
1987 rate adjustment proceeding, and again in the 1992 rate adjustment
proceeding, the Librarian recognizes that the joint proposals do not
reflect any assessment by any of the parties of the absolute or
relative value of the right of performance of music in the ASCAP, BMI,
or SESAC repertory by college radio stations.
b. Performances of Musical Compositions by Public Broadcasting
Stations Other Than NPR or College Stations. Joint proposals were
submitted to adjust the rates which apply to public broadcasting radio
stations which are not licensed to colleges and universities and which
are not affiliated with NPR. SESAC, BMI, and ASCAP, each submitted
separate joint proposals with the National Religious Broadcasters Music
License Committee (NRBMLC) and the National Federation of Community
Broadcasters (NFCB). The proposals continue the general trend of annual
adjustments reflected in the current regulations, 37 CFR
253.6(c)(1)(2)(3), and have been made on a nonprejudicial and
nonprecedential basis.
Therefore, the Librarian recognizes that the joint proposals do not
reflect any assessment by any of the parties of the absolute or
relative value of the right of the performance of music in the ASCAP,
BMI, or ASCAP repertory by community radio stations.
C. Comments and Notices of Intent To Participate
Any party who wishes to challenge the proposed rates must submit
its written comments to the Librarian of Congress no later than close
of business on December 31, 1997. The content of the written challenge
should describe the party's interest in this proceeding, the proposed
rule that the party finds objectionable, and the reasons for the
challenge.
In addition, any party submitting written challenges must also
submit an accompanying Notice of Intent to Participate. Failure to
submit a Notice of Intent to Participate will preclude an interested
party from participating in this proceeding and will preclude
consideration of his or her written challenge. Any interested party
that does submit a Notice of Intent to Participate will be contacted by
the Librarian as to when his or her written direct case is due. It is
the intention of the Librarian to include such parties in the CARP
proceeding that shall commence on December 31, 1997.
The following proposed rules includes regulatory language to
implement the proposals filed with the Library of Congress on September
2, 1997, and published in the Federal Register on October 2, 1997, for
public comment pursuant to 37 CFR 251.63. The Copyright Office invites
public comment on the proposed regulatory language implementing the
earlier proposals, in addition to, the proposals discussed above. If no
comments or Notices of Intent to Participate are received by close of
business on the date for filing such comments, the proposed rates and
terms shall become effective on January 1, 1998.
List of Subjects in 37 CFR Part 253
Copyright, Music, Radio, Television.
For the reasons set forth in the preamble, the Library proposes to
amend 37 CFR part 253 as follows:
PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL BROADCASTING
1. The authority citation for part 253 continues to read as
follows:
Authority: 17 U.S.C. 118, 801(b)(1) and 803.
2. Section 253.1 is revised to read as follows:
Sec. 253.1 General.
This part 253 establishes terms and rates of royalty payments for
certain activities using published nondramatic musical works and
published pictorial, graphic and sculptural works during a period
beginning on January 1, 1998, and ending on December 31, 2002. Upon
compliance with 17 U.S.C. 118, and terms and rates of this part, a
public broadcasting entity may engage in the activities with respect to
such works set forth in 17 U.S.C. 118(d).
3. Section 253.4 is amended by revising the introductory text,
paragraph (a)(1) through (a)(8), and paragraph (c) to read as follows:
Sec. 253.4 Performance of musical compositions by PBS, NPR and other
public broadcasting entities engaged in the activities set forth in 17
U.S.C. 118(d).
The following schedule of rates and terms shall apply to the
performance by PBS, NPR and other public broadcasting entities engaged
in activities set forth in 17 U.S.C. 118(d) of copyrighted published
nondramatic musical compositions, except for public broadcasting
entities covered by Secs. 253.5 and 253.6, and except for compositions
which are the subject of voluntary license agreements, or compositions
in the repertories of ASCAP, BMI or SESAC which are licensed on terms
and conditions established by a duly empowered Copyright Arbitration
Royalty Panel pursuant to the procedures set forth in subchapter B of
37 CFR, part 251.
(a) Determination of royalty rates. (1) For the performance of such
a work in a feature presentation of PBS:
1998-2002.......................................................$211.53
(2) For the performance of such a work as background or theme music
in a PBS program:
1998-2002........................................................$53.59
(3) For the performance of such a work in a feature presentation of
a station of PBS:
1998-2002........................................................$18.08
(4) For the performance of such a work as background or theme music
in a program of a station of PBS:
1998-2002.........................................................$3.81
(5) For the performance of such a work in a feature presentation of
NPR:
1998-2002........................................................$21.44
(6) For the performance of such a work as background or theme music
in an NPR program:
1998-2002.........................................................$5.20
[[Page 63505]]
.................................................................
(7) For the performance of such a work in a feature presentation of
a station of NPR:
1998-2002.........................................................$1.52
(8) For the performance of such work as background or theme music
in a program of a station of NPR:
1998-2002..........................................................$.54
* * * * *
(c) Records of use. PBS and NPR shall, upon the request of a
copyright owner of a published musical work who believes a musical
composition of such owner has been performed under the terms of this
schedule, permit such copyright owner a reasonable opportunity to
examine their standard cue sheets listing the nondramatic performances
of musical compositions on PBS and NPR programs. Any local PBS and NPR
station that shall be required by the provisions of any voluntary
license agreement with ASCAP or BMI covering the license period January
1, 1998, to December 31, 2002, to prepare a music use report shall,
upon request of a copyright owner who believes a musical composition of
such owner has been performed under the terms of this schedule, permit
such copyright owner to examine the report.
* * * * *
4. In Sec. 253.5, paragraph (c)(3) is revised to read as follows:
Sec. 253.5 Performance of musical compositions by public broadcasting
entities licensed to colleges and universities.
* * * * *
(c) * * *
(3) For all such compositions in the repertory of SESAC, $60
annually.
* * * * *
5. In Sec. 253.6, paragraph (c) is revised to read as follows:
Sec. 253.6 Performance of musical compositions by other public
broadcasting entities.
* * * * *
(c) Royalty rate. A public broadcasting entity within the scope of
this section may perform published nondramatic musical compositions
subject to the following schedule of royalty rates:
(1) For all such compositions in the repertory of ASCAP, in 1998,
$375; in 1999, $390; in 2000, $405; in 2001, $420; in 2002, $440.
(2) For all such compositions in the repertory of BMI, in 1998,
$375; in 1999, $390; in 2000, $405; in 2001, $420; in 2002, $440.
(3) For all such compositions in the repertory of SESAC, in 1998,
$78; in 1999, $82; in 2000, $86; in 2001, $89; in 2002, $92.
(4) For the performance of any other such compositions, in 1998
through 2002, $1.
* * * * *
6. Section 253.7 is amended by revising paragraphs (a), (b)(1) (i)
and (ii), and (b)(2), (4), and (5) to read as follows:
Sec. 253.7 Recording rights, rates and terms.
(a) Scope. This section establishes rates and terms for the
recording of nondramatic performances and displays of musical works,
other than compositions subject to voluntary license agreements, or
compositions represented by the Harry Fox Agency, Inc., SESAC, and/or
the National Music Publishers Association and which are licensed on
terms and conditions established by a duly empowered Copyright
Arbitration Royalty Panel pursuant to the procedures set forth in 37
CFR subchapter B, on and for the radio and television programs of
public broadcasting entities, whether or not in synchronization or
timed relationship with the visual or aural content, and for the
making, reproduction, and distribution of copies and phonorecords of
public broadcasting programs containing such nondramatic performances
and displays of musical works solely for the purpose of transmission by
public broadcasting entities. The rates and terms established in this
schedule include the making of the reproductions described in 17 U.S.C.
118(d)(3).
(b) Royalty rate. (1)(i) For uses described in paragraph (a) of
this section of a musical work in a PBS-distributed program, the
royalty fees shall be calculated by multiplying the following per-
composition rates by the number of different compositions in that PBS-
distributed program:
------------------------------------------------------------------------
1998-2002
------------------------------------------------------------------------
Feature..................................................... $106.04
Concert feature (per minute)................................ 31.84
Background.................................................. 53.59
Theme:
Single program or first series program.................... 53.59
Other series program...................................... 21.75
------------------------------------------------------------------------
(ii) For such uses other than in a PBS-distributed television
program, the royalty fee shall be calculated by multiplying the
following per-composition rates by the number of different compositions
in that program:
------------------------------------------------------------------------
1998-2002
------------------------------------------------------------------------
Feature..................................................... $8.76
Concert feature (per minute)................................ 2.30
Background.................................................. 3.81
Theme:
Single program or first series program.................... 3.81
Other series program........................................ 1.52
------------------------------------------------------------------------
* * * * *
(2) For uses licensed herein of a musical work in a NPR program,
the royalty fees shall be calculated by multiplying the following per-
composition rates by the number of different compositions in any NPR
program distributed by NPR. For purposes of this schedule ``National
Public Radio'' programs include all programs produced in whole or in
part by NPR, or by any NPR station or organization under contract with
NPR.
------------------------------------------------------------------------
1998-2002
------------------------------------------------------------------------
Feature..................................................... $11.48
Concert feature (per half hour)............................. 16.85
Background.................................................. 5.75
Theme:
Single program or first series program.................... 5.75
Other series program........................................ 2.29
------------------------------------------------------------------------
(3) * * *
(4) For such uses other than in a NPR-produced radio program:
------------------------------------------------------------------------
1998-2002
------------------------------------------------------------------------
Feature..................................................... $.74
Feature (concert)(per half.................................. 1.54
Background.................................................. .37
------------------------------------------------------------------------
(5) The schedule of fees covers broadcast use for a period of three
years following the first broadcast. Succeeding broadcast use periods
will require the following additional payment: second three-year
period--50 percent; each three-year period thereafter--25 percent;
provided that a 100 percent additional payment prior to the expiration
of the first three-year period will cover broadcast use during all
subsequent use periods without limitation. Such succeeding uses which
are subsequent to December 31, 2002 shall be subject to the royalty
rates established in this schedule.
* * * * *
7. In Sec. 253.8, paragraphs (b)(1) and (f)(1) are revised as
follows:
Sec. 253.8 Terms and rates of royalty payments for the use of
published pictorial, graphic, and sculptural works.
* * * * *
(b) Royalty rate. (1) The following schedule of rates shall apply
to the use of works within the scope of this section:
(i) For such uses in a PBS-distributed program:
[[Page 63506]]
(A) For a featured display of a work.
1998-2002........................................................$64.78
(B) For background and montage display.
1998-2002........................................................$31.59
(C) For use of a work for program identification or for thematic
use.
1998-2002.......................................................$127.71
(D) For the display of an art reproduction copyrighted separately
from the work of fine art from which the work was reproduced,
irrespective of whether the reproduced work of fine art is copyrighted
so as to be subject also to payment of a display fee under the terms of
the schedule.
1998-2002........................................................$41.95
(ii) For such uses in other than PBS-distributed programs:
(A) For featured display of a work.
1998-2002........................................................$41.95
(B) For background and montage display.
1998-2002........................................................$21.51
(C) For use of a work for program identification or for thematic
use.
1998-2002........................................................$85.76
(D) For the display of an art reproduction copyrighted separately
from the work of fine art from which the work was reproduced,
irrespective of whether the reproduced work of fine art is copyrighted
so as to be subject also to payment of a display fee under the terms of
this schedule.
1998-2002........................................................$21.51
* * * * *
(f) Terms of use. (1) The rates of this schedule are for unlimited
broadcast use for a period of three years from the date of the first
broadcast use of the work under this schedule. Succeeding broadcast use
periods will require the following additional payment: Second three-
year period--50 percent; each three-year period thereafter--25 percent;
provided that a 100 percent additional payment prior to the expiration
of the first three-year period will cover broadcast use during all
subsequent broadcast use periods without limitation. Such succeeding
uses which are subsequent to December 31, 2002, shall be subject to the
rates established in this schedule.
* * * * *
9. In Sec. 253.10, paragraph (a) is revised to read as follows:
Sec. 253.10 Cost of living adjustment.
(a) On December 1, 1998, the Librarian of Congress shall publish in
the Federal Register a notice of the change in the cost of living as
determined by the Consumer Price Index (all consumers, all items)
during the period from the most recent Index published prior to
December 1, 1997, to the most recent Index published prior to December
1, 1998. On each December 1, thereafter the Librarian of Congress shall
publish a notice of change in the cost of living during the period from
the most recent Index published prior to the previous notice, to the
most recent Index published prior to December 1 of that year.
* * * * *
Dated: November 18, 1997.
Marybeth Peters,
Register of Copyrights.
James H. Billington,
The Librarian of Congress.
[FR Doc. 97-31295 Filed 11-26-97; 9:39 am]
BILLING CODE 1410-33-P
