CFR > Title 37 - Patents, Trademarks, and Copyrights > CHAPTER II—COPYRIGHT OFFICE, LIBRARY OF CONGRESS > SUBCHAPTER B—COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES (parts 251 to 270) > PART 258—ADJUSTMENT OF ROYALTY FEE FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS > 258.3—Royalty fee for secondary transmission of analog signals of broadcast stations by satellite carriers.

258.3—Royalty fee for secondary transmission of analog signals of broadcast stations by satellite carriers.

(a) Commencing May 1, 1992, the royalty rate for the secondary transmission of analog signals of broadcast stations for private home viewing by satellite carriers shall be as follows:
(1) 17.5 cents per subscriber per month for superstations.
(2) 14 cents per subscriber per month for superstations whose signals are syndex-proof, as defined in § 258.2.
(3) 6 cents per subscriber per month for network stations and noncommercial educational stations.
(b) Commencing January 1, 1998, the royalty fee for secondary transmission of analog signals of broadcast stations for private home viewing by satellite carriers shall be as follows:
(1) 27 cents per subscriber per month for distant superstations.
(2) 27 cents per subscriber per month for distant network stations.
(3) No royalty rate (zero) for a superstation secondarily transmitted within the station's local market, as defined in 17 U.S.C. 119(d)(11).
(4) No royalty rate (zero) for a network station secondarily transmitted within the station's local market, as defined in 17 U.S.C. 119(d)(11), to subscribers residing in unserved households, as defined in 17 U.S.C. 119(d)(10).
(c) Commencing July 1, 1999, the royalty rate for secondary transmission of analog signals of broadcast stations for private home viewing by satellite carriers shall be as follows:
(1) 18.9 cents per subscriber per month for distant superstations.
(2) 14.85 cents per subscriber per month for distant network stations.
(3) 14.85 cents per subscriber per month for the Public Broadcasting Service satellite feed.
(d) Commencing January 1, 2005, the royalty rate for secondary transmission of analog signals of broadcast stations by satellite carriers shall be as follows:
(1) For private home viewing—
(i) 20 cents per subscriber per month for distant superstations.
(ii) 17 cents per subscriber per month for distant network stations.
(2) For viewing in commercial establishments, 40 cents per subscriber per month for distant superstations.
(e) Commencing January 1, 2006, the royalty rate for secondary transmission of analog signals of broadcast stations by satellite carriers shall be as follows:
(1) For private home viewing—
(i) 21.5 cents per subscriber per month for distant superstations.
(ii) 20 cents per subscriber per month for distant network stations.
(2) For viewing in commercial establishments, 43 cents per subscriber per month for distant superstations.
(f) Commencing January 1, 2007, the royalty rate for secondary transmission of analog signals of broadcast stations by satellite carriers shall be as follows:
(1) For private home viewing—
(i) 23 cents per subscriber per month for distant superstations.
(ii) 23 cents per subscriber per month for distant network stations.
(2) For viewing in commercial establishments, 46 cents per subscriber per month for distant superstations.
(g) Commencing January 1, 2008, the royalty rate for secondary transmission of analog signals of broadcast stations by satellite carriers shall be as follows:
(1) For private home viewing—
(i) 24 cents per subscriber per month for distant superstations.
(ii) 24 cents per subscriber per month for distant network stations.
(2) For viewing in commercial establishments, 48 cents per subscriber per month for distant superstations.
(h) Commencing January 1, 2009, the royalty rate for secondary transmission of analog signals of broadcast stations by satellite carriers shall be as follows:
(1) For private home viewing—
(i) 24 cents per subscriber per month for distant superstations.
(ii) 24 cents per subscriber per month for distant network stations.
(2) For viewing in commercial establishments, 48 cents per subscriber per month for distant superstations.

Code of Federal Regulations

[62 FR 55759, Oct. 28, 1997, as amended at 64 FR 71660, Dec. 22, 1999; 70 FR 17320, Apr. 6, 2005; 70 FR 39179, July 7, 2005; 73 FR 14185, Mar. 17, 2008; 74 FR 12093, Mar. 23, 2009]