Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Proposed Rules 61325

1 In any year in which the last day of February 

falls on Saturday, Sunday, a holiday or other 

nonbusiness day within the District of Columbia or 

the Federal Government, DART claims received by 

the Copyright Office by the first business day in 

March, or properly addressed and deposited with 

sufficient postage with the United States Postal 

Service by the first business day in March and 

bearing a U.S. postmark shall be considered timely 

filed. 37 CFR 259.5(b). Likewise, in any year in 

which July 31 falls on Saturday, Sunday, a holiday 

or other nonbusiness day within the District of 

Columbia or the Federal Government, cable and 

satellite claims received by the Copyright Office by 

the first business day in August or claims that are 

properly addressed and deposited with sufficient 

postage with the United States Postal Service by the 

first business day in August and bearing a U.S. 

postmark shall be considered timely filed. 37 CFR 

252.4(b), 257.4(b).

provisions of 5 U.S.C. 552a pursuant to 

the provisions of 5 U.S.C. 552a(k): 

subsections (c)(3), (d), (e)(1), to the 

extent that the records contained in this 

system are specifically authorized to be 

kept secret in the interests of national 

defense and foreign policy.

Dated: October 9, 2004. 

Paul R. Corts, 

Assistant Attorney General for 

Administration.

[FR Doc. 04–23243 Filed 10–15–04; 8:45 am] 

BILLING CODE 4410–14–P

LIBRARY OF CONGRESS

Copyright Office 

37 CFR Parts 252, 257, and 259 

[Docket No. RM 2004–6 CARP] 

Filing of Claims for Cable, Satellite, 

and DART Royalties

AGENCY: Copyright Office, Library of 

Congress.

ACTION: Proposed rule.

SUMMARY: The Copyright Office of the 

Library of Congress is proposing to 

amend its regulations governing the 

filing of claims to allow for the on-line 

submission of cable, satellite, and DART 

claims and to require claimants file their 

claims by hand delivery or by mail 

using forms created by the Copyright 

Office.

DATES: Comments must be received no 

later than November 17, 2004.

ADDRESSES: If hand delivered by a 

private party, an original and five copies 

of comments should be brought to Room 

LM–401 of the James Madison Memorial 

Building and the envelope should be 

addressed as follows: Office of the 

General Counsel/CARP, U.S. Copyright 

Office, James Madison Memorial 

Building, Room LM–401, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000 between 

8:30 a.m. and 5 p.m. If delivered by a 

commercial courier, an original and five 

copies of comments must be delivered 

to the Congressional Courier Acceptance 

Site located at 2nd and D Streets, N.E. 

between 8:30 a.m. and 4 p.m. The 

envelope should be addressed as 

follows: Office of the General Counsel/

CARP, Room LM–403, James Madison 

Memorial Building, 101 Independence 

Avenue, SE., Washington, DC. If sent by 

mail (including overnight delivery using 

U.S. Postal Service Express Mail), an 

original and five copies of comments 

should be addressed to: Copyright 

Arbitration Royalty Panel (CARP), PO 

Box 70977, Southwest Station, 

Washington, DC. 20024. Comments may 

not be delivered by means of overnight 

delivery services such as Federal 

Express, United Parcel Service, etc., due 

to delays in processing receipt of such 

deliveries.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel, or 

Gina Giuffreda, Attorney-Advisor, 

Copyright Arbitration Royalty Panel 

(CARP), PO Box 70977, Southwest 

Station, Washington, DC 20024. 

Telephone: (202) 707–8380. Telefax: 

(202) 252–3423.

SUPPLEMENTARY INFORMATION: 

Background 

The Copyright Act directs the 

Copyright Office to collect royalties paid 

by cable systems and satellite carriers 

for the retransmission of over-the-air 

broadcast signals, 17 U.S.C. 

111(d)(4)(A), 119(b)(4)(A), respectively, 

as well as royalties paid by 

manufacturers and importers of digital 

audio recording devices and media 

(‘‘DART’’) who distribute the products 

in the United States. 17 U.S.C. 1003. 

Eligibility to receive royalties from any 

of these three funds is predicated upon 

the submission of a claim during the 

time specified by statute: DART claims 

must be filed during the months of 

January and February, 17 U.S.C. 1007; 

cable and satellite claims must be filed 

during the month of July, 17 U.S.C. 111, 

119.1

Prior to 2002, claims to the cable, 

satellite, and DART royalties generally 

were considered timely filed with the 

Copyright Office only if they were hand 

delivered to the correct location within 

the Copyright Office during the requisite 

month, or if the claim was mailed to the 

correct address and bore the appropriate 

U.S. Postal Service postmark. However, 

in October 2001, concerns about 

possible anthrax contamination of mail 

addressed to facilities in the District of 

Columbia caused severe disruptions of 

postal service to the Copyright Office. 

See 66 FR 62942 (December 4, 2001) 

and 66 FR 63267 (December 5, 2001). As 

a result, the Copyright Office announced 

alternative methods for the filing of 

DART, cable, and satellite claims for the 

claim year 2001. See 67 FR 5213 

(February 5, 2002) and 67 FR 21176 

(April 30, 2002). Specifically, the Office 

waived its CARP regulations requiring 

that claims bear the original signature of 

the copyright owner claimant or of a 

duly authorized representative of the 

copyright owner claimant to allow the 

submission of claims via electronic mail 

as file attachments to specified 

mailboxes. 67 FR 5213 (February 5, 

2002) and 67 FR 21176, 21177 (April 30, 

2002). Additionally, since the volume of 

DART claims received by the Office is 

significantly lower than that of cable 

and satellite claims, the Office also 

waived its CARP regulation prohibiting 

the filing of claims by facsimile 

transmission and allowed DART claims 

to be filed via facsimile. See 67 FR 5214 

(February 5, 2002). 

Although mail delivery to the 

Copyright Office resumed, the Office 

continued to experience delays in the 

receipt of mail due in part to the 

diversion of all incoming mail to an offsite location for screening. 

Consequently, the Office again waived 

its CARP regulations that required an 

original signature and prohibited the 

submission of DART claims via 

facsimile transmission, and the Office 

offered alternative methods for the 

electronic filing of DART, cable, and 

satellite claims for the claim years 2002 

and 2003. However, instead of 

submitting claims via electronic mail, 

claimants were allowed to make on-line 

submissions of claims. DART: See 67 FR 

71477 (December 2, 2002) and 68 FR 

74481 (December 24, 2003); cable and 

satellite: See 68 FR 32381 (May 30, 

2003) and 69 FR 30577 (May 28, 2004). 

As noted in the May 28, 2004, Notice 

regarding the filing of claims to the 2003 

cable and satellite royalty funds, the 

Office’s mail will continue to be 

diverted to an off-site location for 

screening. Moreover, problems 

associated with untimely filings of 

claims by mail, see Metro-GoldwynMayer Studios, Inc. v. Peters, 309 F. 

Supp.2d. 48 (D.D.C. 2004), and 

Universal Studios LLLP v. Peters, 308 F. 

Supp.2d. 1 (D.D.C. 2004), have led the 

Office to conclude that claimants should 

be encouraged to file their claims 

electronically. Indeed, the vast majority 

of claims filed for claim years 2001 

through 2003 have been filed 

electronically. In addition, the 

electronic submission of claims has 

proven to be more administratively 

efficient for the Office. Therefore, the 

61326 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Proposed Rules 

Copyright Office has decided to amend 

its regulations to provide for a 

permanent system for the electronic 

submission of claims. This notice of 

proposed rulemaking is the first step in 

that process. See 69 FR 30577, 30578 

(May 28, 2004). 

On-Line Submission of Claims 

a. Cable and Satellite Claims 

With one exception (see the 

discussion on signatures below), the 

permanent system of electronic filing of 

claims that the Office is proposing will 

be virtually identical to the system in 

place for the claim year 2003. 

Specifically, on-line electronic forms for 

filing both single and joint cable and 

satellite claims will be available on the 

Copyright Office Web site. Claimants 

will be able to access and complete the 

forms via the Office’s Web site in 

accordance with instructions 

accompanying the forms. As is the 

current practice, joint claimants will 

have the option of either listing up to 

ten joint copyright owners directly on 

the on-line joint claim form or 

submitting the list of joint copyright 

owners as a file attachment to the 

submission page. The acceptable 

formats for submission of such 

attachments will be specified in the 

instructions accompanying the on-line 

forms. Any attachment to a joint claim 

must contain only the names and 

addresses of the joint copyright owners; 

attachments containing information 

other than the names and addresses of 

joint copyright owners will not be 

accepted. 

The cable and satellite on-line forms 

will be available for use during the 

month of July. During the past three 

years, cable and satellite claims 

submitted on-line had to be received by 

the Office no later than 11:59 p.m. 

E.D.T. on July 31. However, near the 

end of the filing period that just closed, 

some claimants notified the Office that 

they were experiencing technical 

difficulties when trying to file their 

claims. Because the Office was made 

aware of these difficulties during its 

normal business hours, the technical 

problems were rectified quickly. Had 

those notifications come after business 

hours on July 31, the Office probably 

would not have been able to respond. 

Therefore, to better ensure the swift 

resolution of any technical difficulties 

in the unlikely event they occur, the 

Office is proposing that claims 

submitted on-line must be received by 

the Office by no later than 5 p.m. E.D.T. 

on July 31. Specifically, the completed 

on-line form must be received by the 

Office’s server by that time. Any claim 

received after that time will be 

considered as untimely filed. 

Claimants filing their claims on-line 

can ascertain the timeliness of their 

claim by the receipt of two 

confirmations. First, immediately after 

submitting the claim, a confirmation 

page will appear showing a copy of the 

claim submitted, noting the attachment 

of a file, when applicable, and 

displaying the time and date the claim 

was submitted. Second, the claimant 

will receive shortly thereafter an 

electronic mail message stating that the 

Office has received the submission. The 

electronic mail message will show a 

copy of the claim filed, will contain a 

copy of the attachment listing the names 

and addresses of the joint copyright 

owners to a joint claim, when 

applicable, and will note the time and 

date of submission. Either confirmation 

will constitute sufficient proof of a 

timely filed on-line claim should a 

question arise regarding timeliness. 

Therefore, claimants submitting their 

claims on-line should not consider their 

claims successfully submitted to the 

Office until they receive at least one of 

the two aforementioned forms of official 

confirmation. If for some reason neither 

confirmation is received and the 

claimant is unable to complete the 

electronic filing process, the claimant 

should immediately notify the Office of 

the problem and be prepared to submit 

a claim by other means such as by hand 

delivery or by mail in accordance with 

current §§ 252.4 (cable) and 257.4 

(satellite). 

b. DART Claims 

The proposed procedure for the online submission of DART claims will 

operate identically to that for cable and 

satellite claims as described above, with 

a few exceptions. First, the on-line 

electronic forms for filing both single 

and joint DART claims will be available 

during the months of January and 

February. Second, as with cable and 

satellite claims, joint DART claimants 

will have the option of either listing up 

to ten joint claimants directly on the online joint claim form or submitting the 

list of joint claimants as a file 

attachment to the submission page. 

However, DART claimants filing a joint 

claim are required to provide only the 

names—and not the addresses as 

required for cable and satellite claims—

of the joint DART claimants.

Therefore, any attachment to a joint 

DART claim must contain only the 

names of the joint claimants; 

attachments containing information 

other than the names of joint claimants 

will not be accepted. 

Finally, as with cable and satellite 

claims, the Office is proposing that 

DART claims submitted on-line must be 

received by the Office by no later than 

5 p.m. E.S.T., instead of 11:59 p.m. 

E.S.T., on the last day of February for 

the reasons discussed above. 

Specifically, the completed on-line form 

must be received by the Office’s server 

by that time. Any claim received after 

that time will be considered as untimely 

filed. 

Ascertainment of the timeliness of 

DART claims will be determined in the 

same manner as for cable and satellite 

claims, as DART claimants will receive 

the same two forms of official 

confirmation of receipt of the claim. 

Again, if neither confirmation is 

received, the claimant should 

immediately notify the Office and be 

prepared to submit the claim by hand 

delivery or by mail in accordance with 

current § 259.5. See supra n.2. 

Original Signatures on Claims 

Submitted On-Line 

The current regulations governing the 

filing of cable, satellite and DART 

claims require an original signature of 

the copyright owner claimant or of a 

duly authorized representative of the 

copyright owner claimant. For claim 

years 2001 through 2003, the Office 

reluctantly waived these regulations for 

cable, satellite and DART claims 

submitted electronically because the 

Office was not equipped to receive and 

process electronic signatures. While the 

Office still is not able at this time to 

institute such a process Office-wide and 

because of the risk of fraudulent claims, 

the Office is loath to waive its CARP 

regulations requiring an original 

signature on claims. Consequently, the 

Office is proposing a system for the online submission of claims that utilizes a 

Personal Identification Number (‘‘PIN’’) 

as a proxy for a signature. The system 

proposed herein applies only to the 

submission of cable, satellite, and DART 

claims and in no way applies to any 

other filings with the Copyright Office. 

The Office notes at the outset that the 

signature on a claim constitutes an 

affirmative statement to the Office that 

the person signing the claim has the 

authority to submit the claim. The 

proposed PIN system allows the Office 

to obtain this same affirmation in a 

simple, reasonable way without unduly 

burdening claimants. 

The Office is proposing to use a PIN 

comprised of six to eight alphanumeric 

characters (ex: A1B2C3D) which will be 

selected by the person ‘‘signing’’ the 

claim on-line and placed in the 

designated space on the appropriate online claim form. Selection of a PIN will 

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Proposed Rules 61327

2The PIN will not appear on the copies of claims 

made available for public inspection and copying.

occur on a one-time basis—the first time 

a claimant submits a claim on-line 

under any of the three licenses. 

Claimants may select a PIN in one of the 

following ways. 

a. Advance Selection of PIN 

The Office is proposing to allow 

claimants to select a PIN prior to the 

filing period for cable, satellite and 

DART claims. Under this option, 

claimants would select a PIN by 

completing a form (‘‘Advance Selection 

Form’’) located on the Office’s Web site 

at http://www.copyright.gov/carp/

electronicfiling.html which the claimant 

would print, complete, sign and return 

to the Office. This form will be available 

on the Office’s Web site until the 

beginning of each respective filing 

period and will be unavailable during 

each filing period. In other words, the 

Advance Selection Form will be 

available until 11:59 p.m. E.S.T. on 

December 31 since the filing period for 

DART claims begins on January 1 and 

will be unavailable during the months 

of January and February. Likewise, the 

form will be available until 11:59 p.m. 

E.D.T. on June 30, as the filing period 

for cable and satellite claims begins on 

July 1, and will be unavailable during 

the month of July. 

b. Selection of PIN During the Filing 

Period 

During the respective filing periods 

for DART, cable and satellite claims, the 

person submitting the claim, whether it 

be the copyright owner or an authorized 

representative of the copyright owner, 

will select the PIN and place it in the 

designated space on the appropriate online claim form. As previously 

described, upon submitting the claim, a 

confirmation page displaying the claim, 

including the PIN selected, will be 

generated. The copyright owner or an 

authorized representative of the 

copyright owner, whomever is 

submitting the claim, must then print 

this page, sign it, and return it to the 

Copyright Office in accordance with the 

instructions accompanying the 

confirmation page. 

c. Valid Use of PIN 

In order to validate the use of the PIN, 

regardless of the method used for 

selection, the Office must receive either 

the signed Advance Selection Form or 

signed confirmation page. The signature 

then will be kept on file with the Office. 

Once the Office receives the signed 

Advance Selection Form or the signed 

confirmation page, the PIN and the 

name will be placed in a confidential 

directory of PINs created and 

maintained by the Office.2 Thereafter, 

the PIN will constitute and serve as a 

substitute for the actual signature on 

any claim filed by that person.

Because the signature denotes 

authority to submit the claim, it is 

important to note that the PIN will 

correspond and be personal to the 

person submitting the claim, whether it 

be the copyright owner or a 

representative of the copyright owner 

authorized to file the claim on behalf of 

the copyright owner. Therefore, as long 

as that person submits claims on-line, 

this same PIN must be used each time 

that person submits a cable, satellite or 

DART claim on-line. Conversely, if a 

person fails to provide the Office with 

an original signature in accordance with 

the proposed regulations, any claim 

submitted on-line bearing the PIN 

selected by that person will be subject 

to dismissal for failure to comply with 

the original signature requirement. 

d. Lost or Forgotten PIN 

Claimants may request from the Office 

their self-selected PIN in the event the 

PIN is lost or forgotten. A link titled 

‘‘Lost or Forgotten PIN’’ will be located 

on the instruction page accompanying 

the Advance Selection Form located on 

the Office’s Web site at http://

www.copyright.gov/carp/

electronicfiling.html as well as on the 

instruction page accompanying the online claim forms (see discussion on 

forms below). By clicking on this link, 

claimants will be taken to a page with 

instructions on how to request the PIN. 

Upon receipt of a request, the Office 

will send the PIN to the claimant via 

electronic mail to the electronic mail 

address on file with the Office by close 

of business the next business day. 

Therefore, claimants requesting their 

PIN during a filing period should do so 

early in the period in order to allow the 

Office a sufficient time to respond. The 

Office will not guarantee a same-day 

response for requests made on the last 

day of a filing period. 

Because the PIN corresponds to the 

copyright owner or to an authorized 

representative of the copyright owner, 

the request for the PIN must come from 

that person. Similarly, the Office will 

provide the PIN only to that person. 

Finally, the Office will accept only 

those requests for a lost or forgotten PIN 

made as set forth above and, therefore, 

will not accept any requests made by 

telephone.

Until such time as the Office develops 

an Office-wide system for receiving and 

processing electronic signatures, the 

Office believes that the PIN system 

proposed above represents the most 

reasonable method for the on-line 

submission of claims because it does not 

require any further waivers of its CARP 

regulations nor does it impose any 

undue burdens on claimants. 

Affirmation 

As noted above, the Office is 

concerned about the risk of fraudulent 

claims. This concern stems from a 

serious incident of fraud in which 

fraudulent cable and satellite claims 

covering several claim years were filed 

with the Office. In an effort to deter any 

future filings of fraudulent claims, the 

Office proposes to require an affirmation 

under penalty of law that the person 

filing the claim has the authority to do 

so, can attest to the veracity of the 

information contained in the claim, and 

is filing the claim in good faith. 

Therefore, the person filing the claim 

must be someone who can make this 

affirmation, namely, the copyright 

owner or a representative of the 

copyright owner authorized to file the 

claim on behalf of the copyright owner. 

Facsimile Transmission 

Since February 5, 2002, DART 

claimants have been allowed to submit 

their claims via facsimile transmission. 

However, very few claimants utilized 

this method. In addition, in proposing 

changes to the regulations governing the 

filing of claims, the Office seeks 

uniformity in its methods for filing all 

claims. For these reasons, the Office is 

not proposing to amend the regulations 

governing the filing of DART claims to 

allow for the submission of claims via 

facsimile. 

Forms 

The Office is proposing to amend its 

regulations governing the filing of cable, 

satellite, and DART claims to require 

that all claims, not just claims filed online, be furnished on the appropriate 

form prescribed by the Copyright Office. 

Heretofore, the Office has not issued 

claim forms, except for those created for 

the on-line submission of claims. 

However, the Office has decided to 

propose the use of standard forms for 

the filing of all claims, regardless of the 

filing method selected, in an effort to 

minimize, if not eliminate, errors 

frequently made on self-made forms, 

such as the failure to provide required 

information. Reduction or elimination 

of such errors will facilitate the 

processing of claims. 

The proposed regulation will state 

that forms for claims filed by mail or by 

hand delivery are available on the 

Office’s Web site at http://www.loc.gov/

61328 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Proposed Rules 

copyright/carp/forms. On-line DART 

claim forms can be found on the Office’s 

Web site at http://www.copyright.gov/

carp/dart/index.html during the months 

of January and February each year. Online cable claim forms can be found on 

the Office’s Web site at http://

www.copyright.gov/carp/cable/

claims.html during the month of July 

each year. On-line satellite claim forms 

can be found on the Office’s Web site at 

http://www.copyright.gov/carp/satellite/

claims.html during the month of July 

each year. 

Prototypes of the proposed forms, 

including the Advance Selection Form, 

and the confirmation page to be signed 

and returned to the Office are, or soon 

will be, available on the Office’s Web 

site at http://www.copyright.gov/carp/

electronicfiling.html. Parties may 

comment on the prototypes, limiting 

such comments to the layout and utility 

of the proposed forms. Comments 

should not be made on the graphics and 

typography of the prototypes, as these 

elements will be determined by the 

Office. 

Other Proposed Amendments 

The Copyright Office also proposes to 

amend its regulations governing the 

filing of cable, satellite and DART 

claims by requiring that each claim 

include the e-mail address, if any, of the 

person or entity filing the claim. An

e-mail address for the person or entity 

filing the claim will be required when 

submitting the claim on-line. In 

addition, the Office proposes to require 

the name, telephone number, facsimile 

number, if any, and e-mail address, if 

any, of a person whom the Office can 

contact about the claim. The contact 

person may be the copyright owner, a 

representative of the copyright owner 

authorized to file the claim on behalf of 

the copyright owner, or a designee of 

either of these entities. However, the 

contact information must identify an 

actual person who can respond to 

inquiries from the Office. Having this 

information will assist in the processing 

of claims. 

In 2001, in an effort to eliminate the 

filing of placeholder claims, the 

Copyright Office amended its 

regulations governing the filing of cable 

and satellite claims to clarify that such 

claims must list the name of each 

copyright owner covered by the claim. 

See 66 FR 29700 (June 1, 2001). 

However, that clarification was made 

only to the respective sections of the 

regulations specifying the content of the 

claims. The Office is now proposing to 

amend Parts 252 and 257 to eliminate 

any reference to the words ‘‘party,’’

‘‘parties,’’ and ‘‘claimant’’ by 

substituting the phrases ‘‘copyright 

owner’’ and ‘‘an authorized 

representative of the copyright owner,’’

where appropriate. 

Finally, the Office is proposing to 

amend current §§ 252.4 (cable), 257.4 

(satellite) and 259.5 (DART) to clarify 

that the only acceptable means of 

overnight delivery of claims is via U.S. 

Postal Service Express Mail addressed 

to the CARP mailbox. On June 30, 2004, 

the Office amended its regulations to 

reflect the new procedures for 

delivering items to the Copyright Office, 

including the filing of claims. 69 FR 

39331 (June 30, 2004). The new 

procedures do not allow the filing of 

claims by overnight delivery services 

such as Federal Express and United 

Parcel Service (‘‘UPS’’) because these 

services will not deliver packages to 

post office boxes. Since the Office has 

received questions regarding this 

provision, we are proposing to amend 

our regulations to clarify that claimants 

wishing to deliver their claims by means 

of overnight delivery can do so only by 

using the Express Mail service provided 

by the U.S. Postal Service, as using this 

service will better ensure the 

procurement of the appropriate U.S. 

Postal Service postmark. In addition, 

such deliveries, unlike those from 

services such as Federal Express and 

UPS, will reach the Office in a timely 

manner. 

Comments on Proposed Amendments 

All interested parties are requested to 

file comments with the Copyright Office 

in accordance with the information set 

forth in this document. Unless 

persuaded otherwise by the 

commenters, the Office intends to issue 

final rules in time for the submission of 

DART claims in January and February 

2005.

List of Subjects 

37 CFR Part 252 

Cable television, Claims, Copyright.

37 CFR Part 257

Claims, Copyright, Satellite television. 

37 CFR Part 259 

Claims, Copyright, Digital audio 

recording devices and media.

Proposed Regulations 

For the reasons set forth in the 

preamble, the Copyright Office proposes 

to amend 37 CFR chapter II as follows:

PART 252—FILING OF CLAIMS TO 

CABLE ROYALTY FEES 

1. The authority citation for part 252 

continues to read as follows:

Authority: 17 U.S.C. 111(d)(4), 801, 803.

§ 252.1 [Amended] 

2. Section 252.1 is amended by 

removing ‘‘parties’’ and adding 

‘‘copyright owners’’ in its place.

§ 252.2 [Amended] 

3. Section 252.2 is amended by 

removing ‘‘party’’ each place it appears 

and adding ‘‘copyright owner’’ in its 

place; and by removing ‘‘Claimants’’

and adding ‘‘Copyright owners, or an 

authorized representative of the 

copyright owner,’’ in its place. 

4. Revise § 252.3 to read as follows:

§ 252.3 Form and content of claims. 

(a) Forms. (1) Each claim to cable 

compulsory license royalty fees shall be 

furnished on a form prescribed by the 

Copyright Office and shall contain the 

information required by that form and 

its accompanying instructions. 

(2) Copies of cable claim forms are 

available: 

(i) On the Office’s Web site at

http://www.copyright.gov/carp/forms

for claims filed with the Office by mail 

or by hand delivery in accordance with 

§ 252.5(a)(2) through (4); 

(ii) On the Office’s Web site at

http://www.copyright.gov/carp/cable/

claims.html during the month of July for 

claims filed on-line in accordance with 

§ 252.5(a)(1); and 

(iii) Upon request to the Public 

Information Office, Library of Congress, 

Copyright Office, 101 Independence 

Avenue, SE., Washington, DC 20559–

6000. 

(b) Content—(1) Single Claim. A claim 

filed on behalf of a single copyright 

owner of a work or works secondarily 

transmitted by a cable system shall 

include the following information: 

(i) The full legal name and address of 

the copyright owner entitled to claim 

the royalty fees. 

(ii) A general statement of the nature 

of the copyright owner’s work or works, 

and identification of at least one 

secondary transmission by a cable 

system of such work or works 

establishing a basis for the claim. 

(iii) The name, telephone number, 

facsimile number, if any, full address, 

including a specific number and street 

name or rural route, and e-mail address, 

if any, of the person or entity filing the 

single claim. An e-mail address must be 

provided on claims submitted on-line 

through the Copyright Office Web site. 

(iv) The name, telephone number, 

facsimile number, if any, and e-mail 

address, if any, of the person whom the 

Copyright Office can contact regarding 

the claim. The contact person may be 

the copyright owner, an authorized 

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Proposed Rules 61329

representative of the copyright owner, 

or a designee of either of these entities. 

(v) An original signature of the 

copyright owner or of a duly authorized 

representative of the copyright owner. 

The signature on a claim submitted online through the Copyright Office Web 

site shall be provided in accordance 

with § 252.4.

(vi) A declaration of the authority to 

file the claim and of the veracity of the 

information contained in the claim and 

the good faith of the person signing in 

providing such information. Penalties 

for fraud and false statements are 

provided under 18 U.S.C. 1001 et seq.

(2) Joint claim. A claim filed on behalf 

of more than one copyright owner 

whose works have been secondarily 

transmitted by a cable system shall 

include the following information: 

(i) A list including the full legal name 

and address of each copyright owner to 

the joint claim entitled to claim royalty 

fees. 

(ii) A concise statement of the 

authorization for the person or entity 

filing the joint claim. For this purpose, 

a performing rights society shall not be 

required to obtain from its members or 

affiliates separate authorizations, apart 

from their standard membership affiliate 

agreements, or to list the name of each 

of its members or affiliates in the joint 

claim as required by paragraph (b)(2)(i) 

of this section. 

(iii) A general statement of the nature 

of the copyright owners’ works and 

identification of at least one secondary 

transmission of one of the copyright 

owners’ works by a cable system 

establishing a basis for the joint claim 

and the identification of the copyright 

owner of each work so identified. 

(iv) The name, telephone number, 

facsimile number, if any, full address, 

including a specific number and street 

name or rural route, and e-mail address, 

if any, of the person or entity filing the 

joint claim. An e-mail address must be 

provided on claims submitted on-line 

through the Copyright Office Web site. 

(v) The name, telephone number, 

facsimile number, if any, and e-mail 

address, if any, of the person the 

Copyright Office can contact regarding 

the claim. The contact person may be 

the copyright owner, an authorized 

representative of the copyright owner, 

or a designee of either of these entities. 

(vi) Original signatures of the 

copyright owners to the joint claim or of 

a duly authorized representative or 

representatives of the copyright owners. 

The signatures on a claim submitted online through the Copyright Office Web 

site must be provided in accordance 

with § 252.4. 

(vii) Notwithstanding paragraph 

(b)(2)(ii) of this section, a declaration of 

the authority to file the claim and of the 

veracity of the information contained in 

the claim and the good faith of the 

person signing in providing such 

information. Penalties for fraud and 

false statements are provided under 18 

U.S.C. 1001 et seq.

(c) In the event that the legal name 

and/or address of the copyright owner 

entitled to royalties or the person or 

entity filing the claim changes after the 

filing of the claim, the Copyright Office 

shall be notified of the change. If the 

good faith efforts of the Copyright Office 

to contact the copyright owner or person 

or entity filing the claim are frustrated 

because of failure to notify the Office of 

a name and/or address change, the 

claim may be subject to dismissal. 

5. Revise § 252.4 to read as follows:

§ 252.4 Original signature on claims 

submitted on-line. 

(a) General. This section prescribes 

the procedures for the provision of an 

original signature for cable claims 

submitted on-line. 

(b) Personal Identification Number 

(PIN). A copyright owner or an 

authorized representative of the 

copyright owner submitting a cable 

claim on-line may use a six-to-eightcharacter alphanumeric Personal 

Identification Number (PIN) as a 

substitute for an actual signature; 

Provided that the PIN is selected in 

accordance with the procedures set 

forth in paragraphs (b)(1) and (2) of this 

section. Each PIN is associated with a 

single signature on file with the 

Copyright Office. 

(1) Selection of PIN prior to filing 

period. A copyright owner or an 

authorized representative of the 

copyright owner may select a PIN prior 

to July 1 each year by completing the 

Advance Selection Form located on the 

Copyright Office Web site at http://

www.copyright.gov/carp/

electronicfiling.html, which will be 

available until 11:59 p.m. E.D.T. on June 

30 each year. In order to validate use of 

the PIN, the copyright owner or an 

authorized representative of the 

copyright owner must complete and 

print the Advance Selection Form, sign 

it and return it to the Copyright Office 

in accordance with the instructions 

accompanying the form. Upon receipt of 

the signed Advance Selection Form, the 

name and the PIN shall be entered into 

a confidential directory of PINs created 

and maintained by the Copyright Office. 

The PIN shall correspond to the 

copyright owner or the authorized 

representative of the copyright owner 

who is filing the claim and shall serve 

as a substitute for the actual signature of 

that person on any claim submitted online. Thereafter, the PIN must be 

included on each subsequent claim 

submitted on-line through the Copyright 

Office Web site by that copyright owner 

or that authorized representative of the 

copyright owner. 

(2) Selection of PIN during the filing 

period. If a PIN is not selected prior to 

July 1 each year, then during the month 

of July, a copyright owner or an 

authorized representative of the 

copyright owner shall select a PIN upon 

submission of the cable claim on-line 

through the Copyright Office Web site. 

The copyright owner or an authorized 

representative of the copyright owner 

must sign and return to the Copyright 

Office the confirmation page generated 

upon submission of the claim in 

accordance with the instructions 

accompanying the confirmation page. 

Upon receipt of the signed confirmation 

page, the name and the PIN shall be 

entered into a confidential directory of 

PINs created and maintained by the 

Copyright Office. The PIN shall 

correspond to the copyright owner or 

the authorized representative of the 

copyright owner who is filing the claim 

and shall serve as a substitute for the 

actual signature of that person. 

Thereafter, the PIN must be included on 

each subsequent claim submitted online through the Copyright Office Web 

site by that copyright owner or that 

authorized representative of the 

copyright owner. 

(c) Lost or Forgotten PIN. (1) In the 

event that a PIN is lost or forgotten, a 

copyright owner or an authorized 

representative of the copyright owner 

may request from the Copyright Office 

the PIN selected in accordance with 

paragraph (b) of this section by clicking 

on the link titled ‘‘Lost or Forgotten 

PIN’’ located on the Copyright Office 

Web site at http://www.copyright.gov/

carp/electronicfiling.html and at http://

www.copyright.gov/carp/cable/

claims.html and following the 

accompanying instructions. Such 

requests shall be made only by the 

person to whom the PIN corresponds, 

whether it be the copyright owner or an 

authorized representative of the 

copyright owner. Upon receipt of such 

request, the Copyright Office will send 

the PIN to that person via electronic 

mail to the electronic mail address on 

file with the Office by close of business 

the next business day. 

(2) The Copyright Office will not 

guarantee a same-day response for 

requests made for a lost or forgotten 

PIN. 

61330 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Proposed Rules 

(3) The Copyright Office will not 

accept requests for a PIN made by 

telephone. 

(d) Frequency of PIN selection.

Selection of a PIN shall occur on a onetime basis, either in advance of the 

initial submission of a royalty claim online or upon the initial submission of a 

royalty claim on-line through the 

Copyright Office Web site pursuant to 

17 U.S.C. 111, 17 U.S.C. 119, or Chapter 

10 of title 17 of the United States Code.

(e) Confidentiality. All PINs will be 

kept in a confidential directory created 

and maintained by the Copyright Office 

and will be disclosed only as set forth 

in paragraph (c) of this section. 

6. Revise § 252.5 to read as follows:

§ 252.5 Compliance with statutory dates. 

(a) Claims filed with the Copyright 

Office shall be considered timely filed 

only if: 

(1) They are filed on-line through the 

Copyright Office Web site at http://

www.copyright.gov/carp/cable/

claims.html during the month of July. 

On-line claims must be received in the 

Office’s server no later than 5 p.m. 

E.D.T. on July 31. 

(2) They are hand delivered by a 

private party and addressed as follows: 

Copyright Office General Counsel/

CARP, U.S. Copyright Office, James 

Madison Memorial Building, Room LM–

401, 101 Independence Avenue, SE., 

Washington, DC 20559–6000. These 

claims must be delivered to the Public 

Information Office, located at the U.S. 

Copyright Office, James Madison 

Memorial Building, Room LM–401, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000, Monday 

through Friday, between 8:30 a.m. and 

5 p.m. during the month of July. 

(3) They are hand delivered by a 

commercial courier (excluding 

overnight delivery services such as 

Federal Express, United Parcel Service 

and similar overnight delivery services) 

and addressed as follows: Copyright 

Office General Counsel/CARP, Room 

LM–403, James Madison Memorial 

Building, 101 Independence Avenue, 

SE., Washington, DC. These claims must 

be delivered to the Congressional 

Courier Acceptance Site (CCAS) located 

at Second and D Street, NE., 

Washington, DC, during the month of 

July. The CCAS will accept items from 

couriers with proper identification, e.g., 

a valid driver’s license, Monday through 

Friday, between 8:30 a.m. and 4 p.m. 

(4) They are sent through the U.S. 

Postal Service and addressed as follows: 

Copyright Arbitration Royalty Panel, 

P.O. Box 70977, Southwest Station, 

Washington, DC 20024–0977. Claims 

sent through the U.S. Postal Service 

must have sufficient postage and bear a 

July U.S. postmark. 

(5) Federal Express, United Parcel 

Service and similar overnight delivery 

services may not be used for the filing 

of claims. A claim sent by means of 

overnight delivery shall be done via 

U.S. Postal Service Express Mail, and 

the claim shall be addressed in 

accordance with paragraph (a)(4) of this 

section. 

(b) Claims dated only with a business 

meter that are received after July 31 will 

not be accepted as having been timely 

filed. 

(c) Notwithstanding paragraphs (a) 

and (b) of this section, in any year in 

which July 31 falls on a Saturday, 

Sunday, holiday, or other nonbusiness 

day within the District of Columbia or 

the Federal Government, claims 

received by the Copyright Office by the 

first business day in August, or properly 

addressed and deposited with sufficient 

postage with the United States Postal 

Service and postmarked by the first 

business day in August, shall be 

considered timely filed. 

(d) No claim may be filed by facsimile 

transmission. 

(e) In the event that a properly 

addressed and mailed claim is not 

timely received by the Copyright Office, 

proper filing of the claim may 

nonetheless be proven if it was sent by 

certified mail return receipt requested, 

and a receipt bearing a July date stamp 

of the U.S. Postal Service, except where 

paragraph (c) of this section applies, can 

be provided. No affidavits will be 

accepted in lieu of the receipt. 

(f) The Copyright Office will accept 

either the confirmation page generated 

upon submission of the claim on-line 

through the Copyright Office Web site or 

the electronic mail message from the 

Copyright Office confirming receipt of 

the claim as proof that a claim 

submitted on-line through the Copyright 

Office Web site was received timely in 

the Office’s server. No affidavits will be 

accepted in lieu thereof. 

6a. Add § 252.6 to read as follows:

§ 252.6 Copies of claims. 

A copyright owner or an authorized 

representative of the copyright owner 

shall, for each claim submitted to the 

Copyright Office by hand delivery or by 

mail, file an original and two copies of 

the claim to cable royalty fees.

PART 257—FILING OF CLAIMS TO 

SATELLITE CARRIER ROYALTY FEES 

7. The authority citation for part 257 

continues to read as follows:

Authority: 17 U.S.C. 119(b)(4).

§ 257.1 [Amended] 

8. Section 257.1 is amended by 

removing ‘‘parties’’ and adding 

‘‘copyright owners’’ in its place.

§ 257.2 [Amended] 

9. Section 257.2 is amended by 

removing ‘‘party’’ each place it appears 

and adding ‘‘copyright owner’’ in its 

place; and by removing ‘‘Claimants’’

and adding ‘‘Copyright owners, or an 

authorized representative of the 

copyright owner,’’ in its place. 

10. Section 257.3 is revised to read as 

follows:

§ 257.3 Form and content of claims. 

(a) Forms. (1) Each claim to 

compulsory license royalty fees for 

secondary transmissions by satellite 

carriers of television broadcast signals to 

the public for private home viewing 

shall be furnished on a form prescribed 

by the Copyright Office and shall 

contain the information required by that 

form and its accompanying instructions. 

(2) Copies of satellite claim forms are 

available: 

(i) On the Office’s Web site at

http://www.copyright.gov/carp/forms

for claims filed with the Office by mail 

or by hand delivery in accordance with 

§ 257.5(a)(2) through (4); 

(ii) On the Office’s Web site at

http://www.copyright.gov/carp/satellite/

claims.html during the month of July for 

claims filed on-line in accordance with 

§ 257.5(a)(1); and 

(iii) Upon request to the Public 

Information Office, Library of Congress, 

Copyright Office, 101 Independence 

Avenue, SE., Washington, DC 20559–

6000. 

(b) Content—(1) Single Claim. A claim 

filed on behalf of a single copyright 

owner of a work or works secondarily 

transmitted by a satellite carrier shall 

include the following information: 

(i) The full legal name and address of 

the copyright owner entitled to claim 

the royalty fees. 

(ii) A general statement of the nature 

of the copyright owner’s work or works, 

and identification of at least one 

secondary transmission by a satellite 

carrier of such work or works 

establishing a basis for the claim. 

(iii) The name, telephone number, 

facsimile number, if any, full address, 

including a specific number and street 

name or rural route, and e-mail address, 

if any, of the person or entity filing the 

single claim. An e-mail address must be 

provided on claims submitted on-line 

through the Copyright Office Web site.

(iv) The name, telephone number, 

facsimile number, if any, and e-mail 

address, if any, of the person whom the 

Copyright Office can contact regarding 

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Proposed Rules 61331

the claim. The contact person may be 

the copyright owner, an authorized 

representative of the copyright owner, 

or a designee of either of these entities. 

(v) An original signature of the 

copyright owner or of a duly authorized 

representative of the copyright owner. 

The signature on a claim submitted online through the Copyright Office Web 

site shall be provided in accordance 

with § 257.4. 

(vi) A declaration of the authority to 

file the claim and of the veracity of the 

information contained in the claim and 

the good faith of the person signing in 

providing such information. Penalties 

for fraud and false statements are 

provided under 18 U.S.C. 1001 et seq.

(2) Joint claim. A claim filed on behalf 

of more than one copyright owner 

whose works have been secondarily 

transmitted by a satellite carrier shall 

include the following information: 

(i) A list including the full legal name 

and address of each copyright owner to 

the joint claim entitled to claim royalty 

fees. 

(ii) A concise statement of the 

authorization for the person or entity 

filing the joint claim. For this purpose, 

a performing rights society shall not be 

required to obtain from its members or 

affiliates separate authorizations, apart 

from their standard membership affiliate 

agreements, or to list the name of each 

of its members or affiliates in the joint 

claim as required by paragraph (b)(2)(i) 

of this section. 

(iii) A general statement of the nature 

of the copyright owners’ works, 

identification of at least one secondary 

transmission of one of the copyright 

owners’ works by a satellite carrier 

establishing a basis for the joint claim, 

and the identification of the copyright 

owner of each work so identified. 

(iv) The name, telephone number, 

facsimile number, if any, full address, 

including a specific number and street 

name or rural route, and e-mail address, 

if any, of the person or entity filing the 

joint claim. An e-mail address must be 

provided on claims submitted on-line 

through the Copyright Office Web site. 

(v) The name, telephone number, 

facsimile number, if any, and e-mail 

address, if any, of a person whom the 

Copyright Office can contact regarding 

the claim. The contact person may be 

the copyright owner, an authorized 

representative of the copyright owner, 

or a designee of either of these entities. 

(vi) Original signatures of the 

copyright owners to the joint claim or of 

a duly authorized representative or 

representatives of the copyright owners. 

The signatures on a claim submitted online through the Copyright Office Web 

site must be provided in accordance 

with § 257.4. 

(vii) Notwithstanding paragraph 

(b)(2)(ii) of this section, a declaration of 

the authority to file the claim and of the 

veracity of the information contained in 

the claim and the good faith of the 

person signing in providing such 

information. Penalties for fraud and 

false statements are provided under 18 

U.S.C. 1001 et seq.

(c) In the event that the legal name 

and/or address of the copyright owner 

entitled to royalties or the person or 

entity filing the claim changes after the 

filing of the claim, the Copyright Office 

shall be notified of the change. If the 

good faith efforts of the Copyright Office 

to contact the copyright owner or person 

or entity filing the claim are frustrated 

because of failure to notify the Office of 

a name and/or address change, the 

claim may be subject to dismissal.

11. Revise § 257.4 to read as follows:

§ 257.4 Original signature on claims 

submitted on-line. 

(a) General. This section prescribes 

the procedures for the provision of an 

original signature for satellite claims 

submitted on-line. 

(b) Personal Identification Number 

(PIN). A copyright owner or an 

authorized representative of the 

copyright owner submitting a satellite 

claim on-line may use a six-to-eightcharacter alphanumeric Personal 

Identification Number (PIN) as a 

substitute for an actual signature; 

Provided that the PIN is selected in 

accordance with the procedures set 

forth in paragraphs (b)(1) and (2) of this 

section. Each PIN is associated with a 

single signature on file with the 

Copyright Office. 

(1) Selection of PIN prior to filing 

period. A copyright owner or an 

authorized representative of the 

copyright owner may select a PIN prior 

to July 1 each year by completing the 

Advance Selection Form located on the 

Copyright Office Web site at http://

www.copyright.gov/carp/

electronicfiling.html, which will be 

available until 11:59 p.m. E.D.T. on June 

30 each year. In order to validate use of 

the PIN, the copyright owner or an 

authorized representative of the 

copyright owner must complete and 

print the Advance Selection Form, sign 

it and return it to the Copyright Office 

in accordance with the instructions 

accompanying the form. Upon receipt of 

the signed Advance Selection Form, the 

name and the PIN shall be entered into 

a confidential directory of PINs created 

and maintained by the Copyright Office. 

The PIN shall correspond to the 

copyright owner or the authorized 

representative of the copyright owner 

who is filing the claim and shall serve 

as a substitute for the actual signature of 

that person on any claim submitted online. Thereafter, the PIN must be 

included on each subsequent claim 

submitted on-line through the Copyright 

Office Web site by that copyright owner 

or that authorized representative of the 

copyright owner. 

(2) Selection of PIN during the filing 

period. If a PIN is not selected prior to 

July 1 each year, then during the month 

of July, a copyright owner or an 

authorized representative of the 

copyright owner shall select a PIN upon 

submission of the satellite claim on-line 

through the Copyright Office Web site. 

The copyright owner or an authorized 

representative of the copyright owner 

must sign and return to the Copyright 

Office the confirmation page generated 

upon submission of the claim in 

accordance with the instructions 

accompanying the confirmation page. 

Upon receipt of the signed confirmation 

page, the name and the PIN shall be 

entered into a confidential directory of 

PINs created and maintained by the 

Copyright Office. The PIN shall 

correspond to the copyright owner or 

the authorized representative of the 

copyright owner who is filing the claim 

and shall serve as a substitute for the 

actual signature of that person. 

Thereafter, the PIN must be included on 

each subsequent claim submitted online through the Copyright Office Web 

site by that copyright owner or that 

authorized representative of the 

copyright owner. 

(c) Lost or Forgotten PIN. (1) In the 

event that a PIN is lost or forgotten, a 

copyright owner or an authorized 

representative of the copyright owner 

may request from the Copyright Office 

the PIN selected in accordance with 

paragraph (b) of this section by clicking 

on the link titled ‘‘Lost or Forgotten 

PIN’’ located on the Copyright Office 

Web site at http://www.copyright.gov/

carp/electronicfiling.html and at http://

www.copyright.gov/carp/satellite/

claims.html and following the 

accompanying instructions. Such 

requests shall be made only by the 

person to whom the PIN corresponds, 

whether it be the copyright owner or an 

authorized representative of the 

copyright owner. Upon receipt of such 

request, the Copyright Office will send 

the PIN to that person via electronic 

mail to the electronic mail address on 

file with the Office by close of business 

the next business day. 

(2) The Copyright Office will not 

guarantee a same-day response for 

requests made for a lost or forgotten 

PIN. 

61332 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Proposed Rules 

(3) The Copyright Office will not 

accept requests for a PIN made by 

telephone. 

(d) Frequency of PIN selection.

Selection of a PIN shall occur on a onetime basis, either in advance of the 

initial submission of a royalty claim online or upon the initial submission of a 

royalty claim on-line through the 

Copyright Office Web site pursuant to 

17 U.S.C. 111, 17 U.S.C. 119, or Chapter 

10 of title 17 of the United States Code. 

(e) Confidentiality. All PINs will be 

kept in a confidential directory created 

and maintained by the Copyright Office 

and will be disclosed only as set forth 

in paragraph (c) of this section. 

12. Revise § 257.5 to read as follows:

§ 257.5 Compliance with statutory dates. 

(a) Claims filed with the Copyright 

Office shall be considered timely filed 

only if: 

(1) They are filed on-line through the 

Copyright Office Web site at http://

www.copyright.gov/carp/satellite/

claims.html during the month of July. 

On-line claims must be received in the 

Office’s server no later than 5 p.m. 

E.D.T. on July 31. 

(2) They are hand delivered by a 

private party and addressed as follows: 

Copyright Office General Counsel/

CARP, U.S. Copyright Office, James 

Madison Memorial Building, Room LM–

401, 101 Independence Avenue, SE., 

Washington, DC 20559–6000. These 

claims must be delivered to the Public 

Information Office, located at the U.S. 

Copyright Office, James Madison 

Memorial Building, Room LM–401, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000, Monday 

through Friday, between 8:30 a.m. and 

5 p.m. during the month of July. 

(3) They are hand delivered by a 

commercial courier (excluding 

overnight delivery services such as 

Federal Express, United Parcel Service 

and similar overnight delivery services) 

and addressed as follows: Copyright 

Office General Counsel/CARP, Room 

LM–403, James Madison Memorial 

Building, 101 Independence Avenue, 

SE., Washington, DC. These claims must 

be delivered to the Congressional 

Courier Acceptance Site (CCAS) located 

at Second and D Street, NE., 

Washington, DC, during the month of 

July. The CCAS will accept items from 

couriers with proper identification, e.g., 

a valid driver’s license, Monday through 

Friday, between 8:30 a.m. and 4 p.m. 

(4) They are sent through the U.S. 

Postal Service and addressed as follows: 

Copyright Arbitration Royalty Panel, 

P.O. Box 70977, Southwest Station, 

Washington, DC 20024–0977. Claims 

sent through the U.S. Postal Service 

must have sufficient postage and bear a 

July U.S. postmark. 

(5) Federal Express, United Parcel 

Service and similar overnight delivery 

services may not be used for the filing 

of claims. A claim sent by means of 

overnight delivery shall be done via 

U.S. Postal Service Express Mail, and 

the claim shall be addressed in 

accordance with paragraph (a)(4) of this 

section. 

(b) Claims dated only with a business 

meter that are received after July 31 will 

not be accepted as having been timely 

filed.

(c) Notwithstanding paragraphs (a) 

and (b) of this section, in any year in 

which July 31 falls on a Saturday, 

Sunday, holiday, or other nonbusiness 

day within the District of Columbia or 

the Federal Government, claims 

received by the Copyright Office by the 

first business day in August, or properly 

addressed and deposited with sufficient 

postage with the United States Postal 

Service and postmarked by the first 

business day in August, shall be 

considered timely filed. 

(d) No claim may be filed by facsimile 

transmission. 

(e) In the event that a properly 

addressed and mailed claim is not 

timely received by the Copyright Office, 

proper filing of the claim may 

nonetheless be proven if it was sent by 

certified mail return receipt requested, 

and a receipt bearing a July date stamp 

of the U.S. Postal Service, except where 

paragraph (c) of this section applies, can 

be provided. No affidavits will be 

accepted in lieu of the receipt. 

(f) The Copyright Office will accept 

either the confirmation page generated 

upon submission of the claim on-line 

through the Copyright Office Web site or 

the electronic mail message from the 

Copyright Office confirming receipt of 

the claim as proof that a claim 

submitted on-line through the Copyright 

Office Web site was received timely in 

the Office’s server. No affidavits will be 

accepted in lieu thereof. 

12a. Revise § 257.6 to read as follows:

§ 257.6 Copies of claims. 

A copyright owner or an authorized 

representative of the copyright owner 

shall, for each claim submitted to the 

Copyright Office by hand delivery or by 

mail, file an original and two copies of 

the claim to satellite carrier royalty fees. 

12b. Add § 257.7 to read as follows:

§ 257.7 Separate claims required. 

If a copyright owner or an authorized 

representative of the copyright owner 

intends to file claims for both cable 

compulsory license and satellite carrier 

compulsory license royalty fees during 

the same month of July, that copyright 

owner or authorized representative of 

the copyright owner must file separate 

claims with the Copyright Office. Any 

single claim which purports to file for 

both cable and satellite carrier royalty 

fees will be dismissed.

PART 259—FILING OF CLAIMS TO 

DIGITAL AUDIO RECORDING DEVICES 

AND MEDIA ROYALTY PAYMENTS 

13. The authority citation for part 259 

continues to read as follows:

Authority: 17 U.S.C. 1007(a)(1).

14. Revise § 259.3 to read as follows:

§ 259.3 Form and content of claims. 

(a) Forms. (1) Each claim to digital 

audio recording devices and media 

royalty payments (DART) shall be 

furnished on a form prescribed by the 

Copyright Office and shall contain the 

information required by that form and 

its accompanying instructions. 

(2) Copies of DART claim forms are 

available: 

(i) On the Office’s Web site at http:

//www.copyright.gov/forms/claims for 

claims filed with the Office by mail or 

by hand delivery in accordance with 

§ 259.6(a)(2)–(4); 

(ii) On the Office’s Web site at http:

//www.copyright.gov/carp/dart/

index.html during the months of 

January and February for claims filed 

on-line in accordance with § 259.6(a)(1); 

and 

(iii) Upon request to the Public 

Information Office, Library of Congress, 

Copyright Office, 101 Independence 

Avenue, SE., Washington, DC 20559–

6000. 

(b) Content. Claims filed by interested 

copyright parties for digital audio 

recording devices and media royalty 

payments shall include the following 

information: 

(1) The full legal name and address of 

the person or entity claiming royalty 

payments. 

(2) The telephone number, facsimile 

number, if any, full address, including 

a specific number and street name or 

rural route, and e-mail address, if any, 

of the person or entity filing the claim. 

An e-mail address must be provided on 

claims submitted on-line through the 

Copyright Office Web site. 

(3) The name, telephone number, 

facsimile number, if any, and e-mail 

address, if any, of a person whom the 

Copyright Office can contact regarding 

the claim. The contact person may be 

the copyright owner, an authorized 

representative of the copyright owner, 

or a designee of either of these entities. 

(4) A statement as to how the claimant 

fits within the definition of interested 

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Proposed Rules 61333

copyright party specified in 17 U.S.C. 

1001(7). 

(5) A statement as to whether the 

claim is being made against the Sound 

Recordings Fund or the Musical Works 

Fund, as set forth in 17 U.S.C. 1006(b) 

and as to which Subfund of the Sound 

Recordings Fund (i.e., the copyright 

owners or featured recording artists 

Subfund) or the Musical Works Fund 

(i.e., the music publishers or writers 

Subfund) the claim is being made 

against as set forth in 17 U.S.C. 

1006(b)(1) through (2). 

(6) Identification, establishing a basis 

for the claim, of at least one musical 

work or sound recording embodied in a 

digital musical recording or an analog 

musical recording lawfully made under 

title 17 of the United States Code that 

has been distributed (as that term is 

defined in 17 U.S.C. 1001(6)), and that, 

during the period to which the royalty 

payments claimed pertain, has been (i) 

Distributed (as that term is defined in 17 

U.S.C. 1001(6)) in the form of digital 

musical recordings or analog musical 

recordings, or (ii) Disseminated to the 

public in transmissions. 

(7) A declaration of the authority to 

file the claim and of the veracity of the 

information contained in the claim and 

the good faith of the person signing in 

providing such information. Penalties 

for fraud and false statements are 

provided under 18 U.S.C. 1001 et seq.

(c) Claims shall bear the original 

signature of the claimant or of a duly 

authorized representative of the 

claimant. The signature on a claim 

submitted on-line through the Copyright 

Office Web site must be provided in 

accordance with § 259.5. 

(d) In the event that the legal name 

and/or address of the claimant changes 

after the filing of the claim, the claimant 

shall notify the Copyright Office of such 

change. If the good faith efforts of the 

Copyright Office to contact the claimant 

are frustrated because of failure to notify 

the Office of a name and/or address 

change, the claim may be subject to 

dismissal. 

(e) If the claim is a joint claim, it shall 

include a concise statement of the 

authorization for the filing of the joint 

claim in addition to the declaration 

required under paragraph (b)(7) of this 

section and the name of each claimant 

to the joint claim. 

(f) If an interested copyright party 

intends to file claims against more than 

one Subfund, each such claim must be 

filed separately with the Copyright 

Office. Any claim that purports to file 

against more than one subfund will be 

rejected.

§§ 259.5, 259.6 [Redesignated] 

15. Redesignate §§ 259.5 and 259.6 as 

§§ 259.6 and 259.7, respectively. 

15a. Add a new § 259.5 to read as 

follows:

§ 259.5 Original signature on claims 

submitted on-line. 

(a) General. This section prescribes 

the procedures for the provision of an 

original signature for DART claims 

submitted on-line. 

(b) Personal Identification Number 

(PIN). A claimant or an authorized 

representative of the claimant 

submitting a DART claim on-line may 

use a six-to-eight-character 

alphanumeric Personal Identification 

Number (PIN) as a substitute for an 

actual signature; Provided that the PIN 

is selected in accordance with the 

procedures set forth in paragraphs (b)(1) 

and (2) of this section. Each PIN is 

associated with a single signature on file 

with the Copyright Office. 

(1) Selection of PIN prior to filing 

period. A claimant or an authorized 

representative of the claimant may 

select a PIN prior to January 1 each year 

by completing the Advance Selection 

Form located on the Copyright Office 

Web site at http://www.copyright.gov/

carp/electronicfiling.html, which will be 

available until 11:59 p.m. E.S.T. on 

December 31 each year. In order to 

validate use of the PIN, the claimant or 

an authorized representative of the 

claimant must complete and print the 

Advance Selection Form, sign it and 

return it to the Copyright Office in 

accordance with the instructions 

accompanying the form. Upon receipt of 

the signed Advance Selection Form, the 

name and the PIN shall be entered into 

a confidential directory of PINs created 

and maintained by the Copyright Office. 

The PIN shall correspond to the 

claimant or the authorized 

representative of the claimant who is 

filing the claim and shall serve as a 

substitute for the actual signature of that 

person on any claim submitted on-line. 

Thereafter, the PIN must be included on 

each subsequent claim submitted online through the Copyright Office Web 

site by that claimant or that authorized 

representative of the claimant. 

(2) Selection of PIN during the filing 

period. If a PIN is not selected prior to 

January 1 each year, then during the 

months of January and February, a 

claimant or an authorized representative 

of the claimant shall select a PIN upon 

submission of the DART claim on-line 

through the Copyright Office Web site. 

The claimant or an authorized 

representative of the claimant must sign 

and return to the Copyright Office the 

confirmation page generated upon 

submission of the claim in accordance 

with the instructions accompanying the 

confirmation page. Upon receipt of the 

signed confirmation page, the name and 

the PIN shall be entered into a 

confidential directory of PINs created 

and maintained by the Copyright Office. 

The PIN shall correspond to the 

claimant or the authorized 

representative of the claimant who is 

filing the claim and shall serve as a 

substitute for the actual signature of that 

person. Thereafter, the PIN must be 

included on each subsequent claim 

submitted on-line through the Copyright 

Office Web site by that claimant or that 

authorized representative of the 

claimant. 

(c) Lost or Forgotten PIN. (1) In the 

event that a PIN is lost or forgotten, a 

claimant or an authorized representative 

of the claimant may request from the 

Copyright Office the PIN selected in 

accordance with paragraph (b) of this 

section by clicking on the link titled 

‘‘Lost or Forgotten PIN’’ located on the 

Copyright Office Web site at http://

www.copyright.gov/carp/

electronicfiling.html and at http://

www.copyright.gov/carp/DART/

index.html and following the 

accompanying instructions. Such 

requests shall be made only by the 

person to whom the PIN corresponds, 

whether it be the claimant or an 

authorized representative of the 

claimant. Upon receipt of such request, 

the Copyright Office will send the PIN 

to that person via electronic mail to the 

electronic mail address on file with the 

Office by close of business the next 

business day.

(2) The Copyright Office will not 

guarantee a same-day response for 

requests made for a lost or forgotten 

PIN. 

(3) The Copyright Office will not 

accept requests for a PIN made by 

telephone. 

(d) Frequency of PIN selection.

Selection of a PIN shall occur on a onetime basis, either in advance of the 

initial submission of a royalty claim online or upon the initial submission of a 

claim on-line through the Copyright 

Office Web site pursuant to 17 U.S.C. 

111, 17 U.S.C. 119, or Chapter 10 of title 

17 of the United States Code. 

(e) Confidentiality. All PINs will be 

kept in a confidential directory created 

and maintained by the Copyright Office 

and will be disclosed only as set forth 

in paragraph (c) of this section. 

16. Revise newly redesignated § 259.6 

to read as follows:

61334 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Proposed Rules 

§ 259.6 Compliance with statutory dates. 

(a) Claims filed with the Copyright 

Office shall be considered timely filed 

only if: 

(1) They are filed on-line through the 

Copyright Office Web site at http://

www.copyright.gov/carp/DART/

index.html during the month of January 

or February. On-line claims must be 

received in the Office’s server no later 

than 5 p.m. E.S.T. on the last day of 

February. 

(2) They are hand delivered by a 

private party and addressed as follows: 

Copyright Office General Counsel/

CARP, U.S. Copyright Office, James 

Madison Memorial Building, Room LM–

401, 101 Independence Avenue, SE., 

Washington, DC 20559–6000. These 

claims must be delivered to the Public 

Information Office, located at the U.S. 

Copyright Office, James Madison 

Memorial Building, Room LM–401, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000, Monday 

through Friday, between 8:30 a.m. and 

5 p.m. during the month of January or 

February. 

(3) They are hand delivered by a 

commercial courier (excluding 

overnight delivery services such as 

Federal Express, United Parcel Service 

and similar overnight delivery services) 

and addressed as follows: Copyright 

Office General Counsel/CARP, Room 

LM–403, James Madison Memorial 

Building, 101 Independence Avenue, 

SE., Washington, DC. These claims must 

be delivered to the Congressional 

Courier Acceptance Site (CCAS) located 

at Second and D Street, NE., 

Washington, DC, during the month of 

January or February. The CCAS will 

accept items from couriers with proper 

identification, e.g., a valid driver’s 

license, Monday through Friday, 

between 8:30 a.m. and 4 p.m. 

(4) They are sent through the U.S. 

Postal Service and addressed as follows: 

Copyright Arbitration Royalty Panel, 

P.O. Box 70977, Southwest Station, 

Washington, DC 20024–0977. Claims 

sent through the U.S. Postal Service 

must have sufficient postage and bear a 

January or February U.S. postmark. 

(5) Federal Express, United Parcel 

Service and similar overnight delivery 

services may not be used for the filing 

of claims. A claim sent by means of 

overnight delivery shall be done via 

U.S. Postal Service Express Mail, and 

the claim shall be addressed in 

accordance with paragraph (a)(4) of this 

section. 

(b) Claims dated only with a business 

meter that are received after the last day 

in February will not be accepted as 

having been timely filed. 

(c) Notwithstanding paragraphs (a) 

and (b) of this section, in any year in 

which the last day of February falls on 

a Saturday, Sunday, a holiday, or other 

nonbusiness day within the District of 

Columbia or the Federal Government, 

claims received by the Copyright Office 

by the first business day in March, or 

properly addressed and deposited with 

sufficient postage with the United States 

Postal Service and postmarked by the 

first business day in March, shall be 

considered timely filed. 

(d) No claim may be filed by facsimile 

transmission. 

(e) In the event that a properly 

addressed and mailed claim is not 

timely received by the Copyright Office, 

a claimant may nonetheless prove that 

the claim was properly filed if it was 

sent by certified mail return receipt 

requested, and the claimant can provide 

a receipt bearing a January or February 

date stamp of the U.S. Postal Service, 

except where paragraph (c) of this 

section applies. No affidavits will be 

accepted in lieu of the receipt. 

(f) A claimant may prove that a claim 

submitted on-line through the Copyright 

Office Web site was received timely in 

the Office’s server by providing either 

the confirmation page generated upon 

submission of the claim or the 

electronic mail message from the 

Copyright Office confirming receipt of 

the claim. No affidavits will be accepted 

in lieu thereof.

§ 259.7 [Amended] 

17. Amend newly redesignated 

§ 259.7 by adding ‘‘by hand delivery or 

by mail,’’ after ‘‘Copyright Office’.

Dated: October 13, 2004. 

Marybeth Peters, 

Register of Copyrights.

[FR Doc. 04–23298 Filed 10–15–04; 8:45 am] 

BILLING CODE 1410–33–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[CC Docket No. 95–116, FCC 04–217] 

Telephone Number Portability

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: In this document, the 

Commission seeks comment on the 

recommendation of the North American 

Numbering Council (NANC), its 

advisory committee on numbering 

issues, for reducing the time interval for 

intermodal porting (porting between 

wireline and wireless carriers). The 

Commission also seeks comment on 

implementation issues in the event that 

a reduced intermodal porting interval is 

adopted.

DATES: Comments are due on or before 

November 17, 2004. Reply comments 

are due on or before December 17, 2004.

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. See Comment 

Filing Procedures for further filing 

instructions.

FOR FURTHER INFORMATION CONTACT: Pam 

Slipakoff, Attorney Advisor, Wireline 

Competition Bureau, 

Telecommunications Access Policy 

Division, (202) 418–7705, TTY (202) 

418–0484 or Jennifer Salhus, Attorney 

Advisor, Wireless Telecommunications 

Bureau, Policy Division, (202) 418–

1310, TTY (202) 418–1169.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Further Notice of Proposed Rulemaking,

CC Docket No. 95–116, released 

September 16, 2004. The full text of this 

document is available for public 

inspection during regular business 

hours in the FCC Reference Center, 

Room CY–A257, 445 12th Street, SW., 

Washington, DC 20554. 

I. Introduction 

1. In this Second Further Notice of 

Proposed Rulemaking, we seek 

comment on the NANC’s 

recommendation for reducing the time 

interval for intermodal porting. We also 

seek comment on implementation issues 

in the event that a reduced intermodal 

porting interval is adopted. 

II. Discussion 

2. Porting Intervals. In implementing 

the requirements of section 251 of the 

Communications Act of 1934 

(Communications Act), as amended, the 

Commission has sought input from the 

NANC on various issues. In 1997, the 

Commission adopted the NANC’s 

recommendation of a four business day 

porting interval for wireline ports. At 

that time, the NANC did not specify a 

porting interval for intermodal porting. 

Meanwhile, the wireless industry has 

established a voluntary standard of two 

and one half hours for wireless-towireless ports. 

3. On November 10, 2003, the 

Commission released a Memorandum 

Opinion and Order and Further Notice 

of Proposed Rulemaking, 68 FR 68831 

(December 10, 2003) (Intermodal Porting 

Order and FNPRM) clarifying certain 

aspects of intermodal porting and 

seeking further comment on issues 

relating to intermodal local number