[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Notices]
[Pages 20373-20374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8730]


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LIBRARY OF CONGRESS

Copyright Office

[Docket No. RM 2010-10]


Section 302 Report

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of inquiry: Extension of comments and reply comments 
period.

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SUMMARY: In Section 302 of the Satellite Television Extension and 
Localism Act (``STELA''), Congress directed the Copyright Office 
(``Office'') to prepare a report addressing possible mechanisms, 
methods, and recommendations for phasing out the statutory licensing

[[Page 20374]]

requirements set forth in Sections 111, 119, and 122 of the Copyright 
Act. The Office published a Notice of Inquiry (``NOI'') in the Federal 
Register on March 3, 2011, seeking comment on issues related to Section 
302. (76 FR 11816). This notice is extending the time in which comments 
and reply comments can be filed in this proceeding.

DATES: Comments originally due on April 18, 2011, are now due no later 
than April 25, 2011. Reply comments originally due on May 18, 2011, are 
now due no later than May 25, 2011.

ADDRESSES: All comments and reply comments shall be submitted 
electronically. A comment page containing a comment form is posted on 
the Copyright Office Web site at  http://www.copyright.gov/docs/section302. The Web site interface requires submitters to complete a 
form specifying name and organization, as applicable, and to upload 
comments as an attachment via a browser button. To meet accessibility 
standards, all comments must be uploaded in a single file in either the 
Adobe Portable Document File (PDF) format that contains searchable, 
accessible text (not an image); Microsoft Word; WordPerfect; Rich Text 
Format (RTF); or ASCII text file format (not a scanned document). The 
maximum file size is 6 megabytes (MB). The name of the submitter and 
organization should appear on both the form and the face of the 
comments. All comments will be posted publicly on the Copyright Office 
Web site exactly as they are received, along with names and 
organizations. If electronic submission of comments is not feasible, 
please contact the Copyright Office at (202) 707-0796 for special 
instructions.

FOR FURTHER INFORMATION CONTACT: Ben Golant, Assistant General Counsel, 
and Tanya M. Sandros, Deputy General Counsel, Copyright GC/I&R, P.O. 
Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 
707-8380. Telefax: (202) 707-8366 or by electronic mail at 
<a href="/cdn-cgi/l/email-protection#5436333b3814383b377a333b22"><span class="__cf_email__" data-cfemail="375550585b775b585419505841">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 27, 2010, the President signed the Satellite Television 
Extension and Localism Act of 2010. See Public Law 111-175, 124 Stat. 
1218 (2010). The legislation extended the term of the Section 119 
license for another five years, updated the statutory license 
structures to account for changes resulting from the nationwide 
transition to digital television, and revised the Section 111 and 
Section 122 licenses in several other respects. In addition, STELA 
instructed the Copyright Office, the Government Accountability Office 
(``GAO'') and the FCC to conduct studies and report findings to 
Congress on different structural and regulatory aspects of the 
broadcast signal carriage marketplace in the United States. Section 302 
of STELA, entitled ``Report on Market Based Alternatives to Statutory 
Licensing,'' charges the Copyright Office with the following:

    Not later than 18 months after the date of the enactment of this 
Act, and after consultation with the Federal Communications 
Commission, the Register of Copyrights shall submit to the 
appropriate Congressional committees a report containing:
    (1) Proposed mechanisms, methods, and recommendations on how to 
implement a phase-out of the statutory licensing requirements set 
forth in sections 111, 119, and 122 of title 17, United States Code, 
by making such sections inapplicable to the secondary transmission 
of a performance or display of a work embodied in a primary 
transmission of a broadcast station that is authorized to license 
the same secondary transmission directly with respect to all of the 
performances and displays embodied in such primary transmission;
    (2) any recommendations for alternative means to implement a 
timely and effective phase-out of the statutory licensing 
requirements set forth in sections 111, 119, and 122 of title 17, 
United States Code; and
    (3) any recommendations for legislative or administrative 
actions as may be appropriate to achieve such a phase-out.

In response to these directives, the Office published a Notice of 
Inquiry (``NOI'') in the Federal Register seeking comments and 
information from the public on several issues that are central to 
the scope and operation of Section 302 and critical to the Office's 
analysis of the legal and business landscapes. 79 FR 11816 (March 3, 
2011).

II. Notice of Extension of Time

    On April 6, 2011, the Copyright Office received a Motion for an 
Extension of Time to file comments and reply comments in this 
proceeding from the National Association of Broadcasters (``NAB''). It 
requests that the Copyright Office grant a seven-day extension of the 
deadlines for all interested parties to submit comments and reply 
comments in response to the Notice of Inquiry. Noting that comments are 
currently due on April 18, 2011 and reply comments are due on May 18, 
2011, NAB respectfully requests an extension of these deadlines until 
April 25, 2011 and May 25, 2011, respectively.
    NAB asserts that approval of its motion will enable it and many 
other concerned parties to help develop a more robust record in 
response to the NOI, while still permitting them to actively 
participate in a significant FCC proceeding with coinciding 
timelines.\1\ It also notes that the current deadline immediately 
follows the 2011 NAB Show in Las Vegas, NV, which many concerned 
parties--including broadcasters, and their counsel--will be 
attending.\2\ It adds that parties interested in responding to the 
Notice who also are involved in the NAB Show would lose a significant 
amount of preparation time and would have only two business days after 
the Show ends to finalize and file their Comments. NAB concludes that 
the requested extension will allow the Copyright Office to collect and 
consider a more complete legal and factual record and will therefore 
serve the public interest.
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    \1\ Innovation in the Broadcast Television Bands: Allocations, 
Channel Sharing and Improvements to VHF, Notice of Proposed 
Rulemaking, ET Docket No. 10-235, 25 FCC Rcd 16498 (rel. Nov. 30, 
2010) (reply comment are due April 18, 2011).
    \2\ The 2011 NAB Show begins on Saturday, April 9 and ends on 
Thursday, April 14. See 2011 NAB Show Web Site, available at: http://www.nabshow.com/2011/default.asp.
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    The Office finds that NAB has demonstrated good cause for an 
extension for filing of comments and reply comments and is granting its 
request. The Office and all interested parties will benefit from a 
thoughtful, thorough, and complete record in this proceeding. 
Accordingly, comments are now due on April 25, 2011, one week from the 
original date of April 18, 2011. In the event of a government wide 
shutdown, comments will be due the next business day after the Library 
reopens pursuant to 17 U.S.C. 703. Reply comments will be due on May 
25, 2011, one week from the original date of May 18, 2011.

III. Conclusion

    The Office hereby extends time for comments and reply comments from 
the public on the factual and policy matters related to the study 
mandated by Section 302 of the Satellite Television Extension and 
Localism Act of 2010. The new filing date for comments is April 25, 
2011. The new filing date for reply comments is May 25, 2011.

    Dated: April 7, 2011.
Maria A. Pallante,
Acting Register of Copyrights.
[FR Doc. 2011-8730 Filed 4-11-11; 8:45 am]
BILLING CODE 4110-30-P


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