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Title 37 Part 386

Title 37 → Chapter III → Subchapter E → Part 386

Electronic Code of Federal Regulations e-CFR

Title 37 Part 386

e-CFR data is current as of December 13, 2018

Title 37Chapter IIISubchapter E → Part 386


Title 37: Patents, Trademarks, and Copyrights


PART 386—ADJUSTMENT OF ROYALTY FEES FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS


Contents
§386.1   General.
§386.2   Royalty fee for secondary transmission by satellite carriers.

Authority: 17 U.S.C. 119(c), 801(b)(1).

Source: 75 FR 53198, Aug. 31, 2010, unless otherwise noted.

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§386.1   General.

This part 386 adjusts the rates of royalties payable under the statutory license for the secondary transmission of broadcast stations under 17 U.S.C. 119.

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§386.2   Royalty fee for secondary transmission by satellite carriers.

Link to an amendment published at 83 FR 61127, November 28, 2018.

(a) General. (1) For purposes of this section, Per subscriber per month shall mean for each subscriber subscribing to the station in question (or to a package including such station) on the last day of a given month.

(2) In the case of a station engaged in digital multicasting, the rates set forth in paragraph (b) of this section shall apply to each digital stream that a satellite carrier or distributor retransmits pursuant to 17 U.S.C. 119, provided however that no additional royalty shall be paid for the carriage of any material related to the programming on such stream.

(b) Rates—(1) Private home viewing. The rates applicable to Satellite Carriers' carriage of each broadcast signal for private home viewing shall be as follows:

(i) 2010: 25 cents per subscriber per month (for each month of 2010);

(ii) 2011: 25 cents per subscriber per month;

(iii) 2012: 26 cents per subscriber per month;

(iv) 2013: 27 cents per subscriber per month;

(v) 2014: 27 cents per subscriber per month.

(vi) 2015: 27 cents per subscriber per month (for each month of 2015).1

1This is the 2014 rate adjusted for the amount of inflation as measured by the change in the Consumer Price Index for All Urban Consumers All Items from October 2013 to October 2014.

(vii) 2016: 27 cents per subscriber per month (for each month of 2016).3

3This is the 2015 rate adjusted for the amount of inflation as measured by the change in the Consumer Price Index for All Urban Consumers All Items from October 2014 to October 2015.

(viii) 2017: 27 cents per subscriber per month.

(ix) 2018: 28 cents per subscriber per month.

(2) Viewing in commercial establishments. The rates applicable to Satellite Carriers' carriage of each broadcast signal for viewing in commercial establishments shall be as follows:

(i) 2010: 50 cents per subscriber per month (for each month of 2010);

(ii) 2011: 51 cents per subscriber per month;

(iii) 2012: 53 cents per subscriber per month;

(iv) 2013: 54 cents per subscriber per month;

(v) 2014: 55 cents per subscriber per month.

(vi) 2015: 56 cents per subscriber per month (for each month of 2015).2

2This is the 2014 rate adjusted for the amount of inflation as measured by the change in the Consumer Price Index for All Urban Consumers All Items from October 2013 to October 2014.

(vii) 2016: 56 cents per subscriber per month (for each month of 2016).4

4This is the 2015 rate adjusted for the amount of inflation as measured by the change in the Consumer Price Index for All Urban Consumers All Items from October 2014 to October 2015.

(viii) 2017: 57 cents per subscriber per month.

(ix) 2018: 58 cents per subscriber per month.

[75 FR 53198, Aug. 31, 2010, as amended at 75 FR 75624, Dec. 6, 2010; 76 FR 74704, Dec. 1, 2011; 77 FR 70374, Nov. 26, 2012; 78 FR 71502, Nov. 29, 2013; 80 FR 22418, Apr. 22, 2015; 80 FR 73119, Nov. 24, 2015; 81 FR 84479, Nov. 23, 2016; 82 FR 55947, Nov. 27, 2017]

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