98-32536. Cable Compulsory License: Specialty Station List  

  • [Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
    [Notices]
    [Pages 67703-67704]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-32536]
    
    
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    LIBRARY OF CONGRESS
    
    Copyright Office
    [Docket No. RM 98-6]
    
    
    Cable Compulsory License: Specialty Station List
    
    AGENCY: Copyright Office, Library of Congress.
    
    ACTION: Notice of final specialty station list.
    
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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. The list shall be used to verify the specialty station status 
    of those stations identified as such by cable systems on their semi-
    annual statements of account.
    
    EFFECTIVE DATE: January 1, 1999.
    
    FURTHER INFORMATION: David O. Carson, General Counsel, or Tanya M. 
    Sandros, Attorney Advisor, Copyright GC/I&R, P.O. Box 70400, Southwest 
    Station, Washington, D.C. 20024. Telephone (202) 707-8380 or Telefax 
    (202) 707-8366.
    
    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/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 compulsory license scheme.
        The Copyright Office published its first specialty station list in 
    1990 under a procedure which allowed the owner 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. 55 FR 40021 (October 1, 1990). The Office 
    agreed at that time to update the list approximately every three years.
        Accordingly, on August 4, 1998, the Copyright Office published a 
    notice asking the owner, or a valid agent of the owner, 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. 63 FR 41599 (August 4, 1998).
        On October 23, 1998, the Office published a notice listing the 
    forty-nine broadcast stations for which the owner or licensee of the 
    station had filed the requested affidavit. 63 FR 56948 (October 23, 
    1998). In the notice, the Office also requested that any party 
    objecting to any claim to specialty station status submit comments to 
    the Office stating his or her objections. No comments or objections 
    were filed with the Office.
        Since the publication of the initial list, the Office has received 
    ten additional affidavits, attesting to the specialty station status of 
    the identified stations. Because these stations were not listed in the 
    earlier published list, these stations have been identified with an 
    asterisk (*) in the final list. Any interested party may file an 
    objection to a newly listed station or to any other late-filed 
    affidavit, and the objection shall be filed together with the 
    corresponding affidavit. All affidavits and related comments or 
    objections shall be kept on file in the Licensing Division of the 
    Copyright Office.
        The final list of specialty stations, published herein, shall be 
    effective January 1, 1999, for the accounting period 1999/1 and 
    thereafter. 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.
    
    List of Specialty Stations: Call Letters and Cities of License
    
    CBAFT  Moncton, New Brunswick, Canada
    CBFT  Montreal, Quebec, Canada
    CBKFT  Regina, Saskatchewan, Canada
    CBOFT  Ottawa, Ontario, Canada
    CBUFT  Vancouver, British Columbia, Canada
    CBVT  Quebec City, Quebec, Canada
    CBWFT  Winnipeg, Manitoba, Canada
    CBXFT  Edmonton, Alberta, Canada
    CFCM-TV  Quebec, Quebec, Canada
    CFER-TV  Rimouski, Quebec, Canada
    CFTM-TV  Montreal, Quebec, Canada
    CHEM-TV  Trois-Rivieres, Quebec, Canada
    CHLT-TV  Sherbrooke, Quebec, Canada
    CJPM-TV  Chicoutimi, Quebec, Canada
    CKSH-TV  Sherbrooke, Quebec, Canada
    K30CE  Austin, TX
    K48AM  Albuquerque, NM
    K52AO  Tucson, AZ
    KABE-LP  Bakersfield, CA
    KCHF  Santa Fe, NM
    KDRX-LP  Phoenix, AZ
    KDTV-LP  Santa Rosa, CA
    KDTV (TV)  San Francisco, CA
    KFTV (TV)  Hanford, CA
    KLUZ-TV  Albuquerque, NM
    KMEX-TV  Los Angeles, CA
    KSTS*  San Jose, CA
    
    [[Page 67704]]
    
    KTMD*  Galveston, TX
    KTSF (TV)  San Francisco, CA
    KTVW-TV  Phoenix, AZ
    KUVN-LP  Fort Worth, TX
    KUVN (TV)  Garland, TX
    KUVS (TV)  Modesto, CA
    KVDA*  San Antonio, TX
    KVEA (TV)*  Corona, CA
    KWEX-TV  San Antonio, TX
    KWHY-TV  Los Angeles, CA
    KXLN-TV  Rosenberg, TX
    W47AD  Hartford, CT
    W50BF-TV  Sharon (Mercer County), PA
    W63BF  Aguadilla, Puerto Rico
    WAQP-TV  Saginaw, MI
    WDMR-LP*  Springfield, MA
    WGBO-TV  Joliet, IL
    WINM-TV  Angola, IN
    WKAQ*  San Juan, Puerto Rico
    WKBS-TV  Johnstown/Altoona, PA
    WLTV(TV)  Miami, FL
    WLXI-TV  Greensboro, NC
    WNYB-TV  Jamestown, NY
    WNJU*  Linden, NJ
    WPCB-TV  Greensburg/Pittsburgh, PA
    WRDM-LP*  Hartford, Connecticut
    WSCV*  Fort Lauderdale, FL
    WSNS-TV*  Chicago, IL
    WTCT-TV  Marion IL
    WTLJ-TV  Muskegon, MI
    WXTV-LP  Philadelphia, PA
    WXTV (TV)  Paterson, NJ
    
        Dated: December 2, 1998.
    David O. Carson,
    General Counsel.
    [FR Doc. 98-32536 Filed 12-7-98; 8:45 am]
    BILLING CODE 1410-31-P
    
    
    

Document Information

Effective Date:
1/1/1999
Published:
12/08/1998
Department:
U.S. Copyright Office, Library of Congress
Entry Type:
Notice
Action:
Notice of final specialty station list.
Document Number:
98-32536
Dates:
January 1, 1999.
Pages:
67703-67704 (2 pages)
Docket Numbers:
Docket No. RM 98-6
PDF File:
98-32536.pdf