Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Notices 18869 

Family of one Family of two Family of three Family of four Family of five Family of six 

$11,569 $18,953 $26,013 $32,109 $37,894 $44,316 

11,744 19,247 26,430 32,617 38,493 45,014 

11,808 19,350 26,560 32,781 38,691 45,244 

12,012 19,679 27,012 33,341 39,348 46,012 

12,279 20,116 27,609 34,082 40,220 47,036 

12,334 20,218 27,760 34,261 40,433 47,287 

12,416 20,342 27,931 34,477 40,685 47,577 

12,454 20,406 28,008 34,578 40,811 47,730 

12,476 20,436 28,055 34,629 40,873 47,798 

12,672 20,765 28,508 35,186 41,528 48,565 

12,671 20,769 28,511 35,188 41,528 48,564 

12,674 20,774 28,520 35,205 41,547 48,587 

12,871 21,098 28,958 35,749 42,185 49,344 

13,264 21,743 29,841 36,836 43,473 50,835 

13,325 21,846 29,979 37,012 43,681 51,087 

13,349 21,875 30,030 37,064 43,738 51,154 

13,513 22,146 30,406 37,530 44,293 51,803 

13,951 22,868 31,393 38,745 45,727 53,468 

14,021 22,977 31,547 38,944 45,955 53,750 

14,045 23,011 31,588 38,992 46,020 53,813 

14,593 23,917 32,825 40,521 47,823 55,923 

14,731 24,140 33,143 40,915 48,281 56,471 

15,016 24,605 33,770 41,689 49,198 57,540 

15,297 25,057 34,402 42,465 50,114 58,605 

15,342 25,141 34,510 42,595 50,271 58,788 

15,422 25,277 34,695 42,832 50,542 59,118 

15,614 25,589 35,135 43,364 51,177 59,845 

15,705 25,737 35,327 43,606 51,465 60,188 

16,114 26,397 36,243 44,737 52,795 61,746 

16,680 27,326 37,519 46,311 54,652 63,920 

16,960 27,784 38,147 47,090 55,569 64,984 

17,097 28,017 38,455 47,469 56,023 65,509 

18,042 29,556 40,580 50,089 59,110 69,133 

18,104 29,668 40,724 50,272 59,324 69,378 

18,436 30,205 41,465 51,191 60,408 70,654 

Signed at Washington, DC, this 12th day of 

March, 2012. 

Jane Oates, 

Assistant Secretary for Employment and 

Training. 

[FR Doc. 2012–7377 Filed 3–27–12; 8:45 am] 

BILLING CODE 4510–FT–P 

LIBRARY OF CONGRESS 

Copyright Office 

[Docket No. 2011–1] 

Cable Statutory License: Specialty 

Station List 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Final specialty station list. 

SUMMARY: The Copyright Office is 

publishing a final list of stations listed 

in affidavits sent to the Copyright Office 

in which the owner or licensee of the 

station attests that the station qualifies 

as a specialty station in accordance with 

the Federal Communications 

Commission’s (‘‘FCC’’) definition of 

specialty station in effect on June 24, 

1981. The list shall be used to verify the 

specialty station status of those stations 

identified as such by cable systems on 

their semi-annual statements of account. 

DATES: Effective Date: March 28, 2012. 

Applicability Dates: The list is 

applicable to statements of account filed 

with the Copyright Office beginning 

with the first accounting period of 2012 

covering January 1, 2012 to June 30, 

2012. 

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. 

SUPPLEMENTARY INFORMATION: Under the 

cable statutory license, 17 U.S.C. 111, a 

cable operator may retransmit the signal 

of a distant television station identified 

as a specialty station at the base rate 

rather than at the higher 3.75% rate that 

is incurred for the carriage of a nonpermitted signal. 37 CFR 256.2(c). 

Specialty station status is determined by 

reference to the former regulations of 

the FCC which defined a specialty 

station as ‘‘a commercial television 

broadcast station that generally carries 

foreign-language, religious, and/or 

automated programming in one-third of 

the hours of an average broadcast week 

and one-third of the weekly prime-time 

hours.’’ 47 CFR 76.5(kk) (1981). The 

specialty station designation was part of 

a complex regulatory structure 

governing the carriage of distant 

network station signals in the 1970s. 

However, the FCC no longer determines 

whether a station qualifies as a specialty 

station. It repealed its distant signal 

carriage rules in 1981 and has not 

reviewed its specialty station policy 

since that time. Nevertheless, the Office 

still keeps an active list because it is 

relevant to the calculation of royalties 

under Section 111. 

On this point, it should be noted that 

over twenty years ago, the Office 

implemented policies and procedures 

concerning notice to the public 

regarding specialty stations, the point of 

which was to provide all interested 

parties with a chance to comment on 

those stations claiming specialty status. 

It was the Office’s intention at that time 

that the notice, publication, and 

objection procedures would give all 

parties a chance to cooperate in their 

assessment of the specialty stations on 

the list. 54 FR 38461, 38464 (September 

18, 1989). The Office published its first 

specialty station list in 1990 under these 

procedures which allowed the owner of 


tkelley on DSK3SPTVN1PROD with NOTICES
18870 Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Notices 

the station to file an affidavit with the 

Office attesting to the fact that the 

station’s programming comports with 

the 1981 FCC definition, and hence, 

qualifies it as a specialty station. 55 FR 

40021 (October 1, 1990). The Office 

noted at that time that it would 

periodically update the list and has 

done so on several occasions. 

Accordingly, on January 28, 2011, the 

Office again initiated a proceeding to 

update the list with the publication of 

a Notice in the Federal Register asking 

the owner, or a valid agent of the owner, 

to file a sworn affidavit stating that the 

station’s programming satisfies the 

FCC’s former requirements for specialty 

station status. 76 FR 5213 (January 28, 

2011). The Office received affidavits 

from 63 broadcast stations for which the 

owner or licensee of the television 

station had filed the requested affidavit. 

The Office then published an initial 

specialty station list in the Federal 

Register on April 22, 2011. 76 FR 22733 

(April 22, 2011). 

In the aforementioned Notice, the 

Office stated that any party objecting to 

any claim to specialty station status 

must submit comments with the Office 

stating his or her objections within 

thirty days of publication of this Notice 

in the Federal Register. The Motion 

Picture Association of America, Inc. 

(‘‘MPAA’’) made such a filing and 

objected to the inclusion of certain 

television stations. MPAA also 

contended that the Register has the 

authority to determine whether a 

particular station is properly identified 

as a specialty station. In its objection, 

MPAA referred to the standards set forth 

in 17 U.S.C. 411(b)(1) regarding the use 

of a registration certificate for purposes 

of filing an infringement suit, noting 

that the certificate of registration would 

not be valid for this purpose if the 

application contained inaccurate 

information which, ‘‘if known would 

have caused the Register of Copyrights 

to refuse registration.’’ MPAA 

maintained that the same principle 

should apply in the case of specialty 

stations where the Office has accurate 

information to make a final 

determination as to whether a particular 

station should be characterized as a 

specialty station. 

In a subsequent notice, the Office 

provided an opportunity for the 

television broadcast stations that had 

filed affidavits attesting to their 

specialty station status the opportunity 

to rebut any objections filed to their 

identification as a specialty station and 

clarify their status for the purposes 

expressed herein. Moreover, the Office 

sought comment on MPAA’s contention 

that 17 U.S.C. 411(b)(1) provides 

authority for, or is relevant to, whether 

the Office can make a final 

determination on the classification of a 

broadcast station as a specialty station. 

See 76 FR 69288 (Nov. 22, 2011). In 

addition, in keeping with its earlier 

practices, the Office notified each 

station directly of the objection to its 

filing and of the opportunity to file 

reply comments in support of its 

affidavit. 

Storefront Television, LLC d/b/a 

Caribbean Broadcasting Network 

(‘‘Storefront’’), the licensee of WPRU– 

LP, WSJX–LP, and WVXF(TV) 

responded to the objection of the MPAA 

to the inclusion of its three stations in 

the specialty station list compiled by the 

Office. It commented that the FCC 

determined that English language 

programming is foreign language 

programming in Puerto Rico and 

English language stations imported into 

the San Juan market are considered 

specialty stations. See Cable Television 

Co. of Puerto Rico, 46 FCC 2d 1096 

(1974); Cable TV Puerto Rico, 68 FCC 2d 

609 (1978). It asserted that WPRU–LP 

and WSJX–LP, as English language 

stations licensed in Puerto Rico, 

qualified as specialty stations. With 

regard to WVXF(TV), Storefront stated 

that this television station is licensed to 

the US Virgin Islands, but its English 

language programming is imported into 

Puerto Rico. It concluded that this 

station also qualified as a specialty 

station under the circumstances. See 

Storefront Reply to Opposition at 1–2. 

Venture Technologies Group, 

LLC(‘‘VTG’’) (licensee of WNYA–CA, 

KHTV–LP, WNJJ–LD, KEBK–LP, KFIQ– 

LP, KILA–LP, KMRZ–LP, KRMV–LP, 

KRPE–LP, KRVD–LP, KSCZ–LP, KSGO– 

LP, WXOX–LP, KFMP–LP, KDBK–LP, 

W20CM, W26DB, W34DI, W42CX, 

W46DQ, W49DK, W52DW, W59EA), 

Four Seasons Peoria, LLC (licensee of 

WBQD–LP), World Television of 

Washington, LLC, and WLFM, LLC 

(licensee of WLFM–LP) also filed a 

response to MPAA’s objection to the 

inclusion of several of their stations on 

the specialty station list compiled by the 

Office. These four broadcast groups 

asserted that their listed stations carry 

automated programming in at least onethird of the hours of an average 

broadcast week and one third of the 

weekly prime-time hours. They 

concluded that all listed stations 

qualified as specialty stations under the 

FCC’s former rules and the affidavits 

submitted asserting the status of each 

station are accurate. They also stated 

that the fact that a licensed station is 

temporarily off the air because of 

technical or other considerations should 

not prevent that station from being 

included on the Specialty Station list as 

long as the station met the FCC’s criteria 

for a specialty station prior to going 

silent and will meet the criteria when it 

returns to the air. See VTG et. al. Reply 

to Opposition at 1–3. 

No one, however, filed comments 

responsive to the Office’s request 

regarding the Register’s authority to 

resolve any dispute concerning the 

identification of a particular station as a 

specialty station. Nevertheless, the 

Office has considered MPAA’s 

arguments and rejects its contention that 

Section 411(b)(1) provides any basis for 

the Register to make these 

determinations. Contrary to MPAA’s 

claims, there is no statutory authority 

under this provision for the Register to 

make any substantive determinations 

with regard to specialty station status. 

In 2008, Congress passed the 

Prioritizing Resources and Organization 

for Intellectual Property Act, Public Law 

110–403, which inter alia added a new 

paragraph 411(b) to ensure that no court 

holds a registration certificate invalid 

due to what it considers to be a 

misstatement on an application without 

first obtaining input from the Register as 

to whether the application was properly 

filed. The legislative history states that 

Congress adopted this amendment ‘‘to 

prevent intellectual property thieves 

from exploiting th[e] potential 

loophole’’ that would allow them to 

argue that ‘‘a mistake in the registration 

documents, such as checking the wrong 

box on the registration form, renders a 

registration invalid and thus forecloses 

the availability of statutory damages.’’ 

H.Rep. No. 110–617, at 24 (2008). 

The language of this provision is 

solely directed at registration. There are 

no words, phrases or terms that tie this 

provision in any way to Section 111, 

much less specialty stations. Nor does it 

convey any general authority on the 

Register to opine on the characterization 

of a station as a specialty station under 

a defunct FCC regulation. Rather, 

Section 411(b) is a narrowly crafted 

provision that provides a mechanism for 

the court to seek an opinion from the 

Register on the consequences of an error 

on the registration certificate under the 

Copyright Office’s policies and 

practices. 

The Office also rejects MPAA’s 

suggestion that the Office adopt the 

principles of Section 411(b) to deny 

specialty station status based on the 

information provided in the affidavit. 

Whereas the Office’s registration 

practices and policies provide a basis 

for the Office to advise the court on the 

significance of an error on the 

certificate, the same is not true with 

respect to the specialty station list. The 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Notices 18871 

policies and procedures for creating this 

list are limited in scope and do not 

establish a process by which the Office 

can resolve the specialty station status 

of a particular station, regardless of the 

purported facts. Since the inception of 

this process, the Office has stated 

clearly that it would not play a role in 

determining the merits of a specialty 

station claim, noting that ‘‘it should not 

itself verify the specialty station status 

of particular stations.’’ 54 FR 38466 

(September 18, 1989). The Office has 

also commented that it periodically 

provides an updated annotated list so 

that ‘‘cable systems can make an 

informed decision as to whether MPAA 

or any other party might contest the 

system’s carriage of a particular station 

on a specialty basis.’’ 56 FR 61056 

(November 29, 1991). In light of these 

policies and practices, there is no 

support for MPAA’s contention that the 

Office can make determinations 

regarding the specialty status of a 

particular station under the principles 

underlying Section 411(b). 

As noted above, the Office received 

affidavits from 63 broadcast stations for 

which the owner or licensee of the 

television station had filed the 

requested affidavit. Since the 

publication of the initial list, the Office 

received 24 additional affidavits, 

attesting to the specialty station status of 

the 24 identified stations. Because the 

Office received a substantial number of 

late filed affidavits, the Office found it 

necessary to seek input from the public 

regarding the asserted specialty station 

status of these particular stations and 

allow any interested party to file an 

objection to these newly listed stations. 

See 76 FR 69288 (November 8, 2011). 

No one filed any objections to the 

television stations listed in this most 

recent Federal Register publication. As 

such, these stations shall be duly listed 

here. 

The final list of specialty stations, as 

identified in the affidavits and 

published herein, shall be applicable to 

accounting periods beginning on 

January 1, 2012. Licensing examiners 

shall refer to the final annotated list in 

examining a statement of account where 

a cable system operator claims specialty 

station status for a particular station. If 

a cable system operator claims specialty 

station status for a station not on the 

published final list, the examiner shall 

determine whether the owner of the 

station has filed an affidavit since 

publication of the list. 

With regard to the treatment of 

contested specialty stations after this 

proceeding concludes, it is important to 

note that the Licensing Division 

examiners will look at these stations in 

the same way they have done in the 

past. That is, if a cable operator claims 

specialty station status for a contested 

station on the list, the examiner will 

inform the operator by letter that a 

particular party objects to the ‘‘specialty 

station characterization.’’ See 54 FR 

38461, 38464 (September 18, 1989). The 

cable operator may then file an 

amended Statement of Account and 

recalculate royalties, if the operator so 

chooses. 

Final Specialty Station List 

CBAFT, Moncton, New Brunswick, Canada 

CBFT, Montreal, Quebec, Canada 

CBKFT, Regina, Saskatchewan, Canada 

CBLFT, Toronto, Ontario, Canada 

CBOFT, Ottawa, Ontario, Canada 

CBUFT, Vancouver, British Columbia, 

Canada 

CBVT, Quebec City, Quebec, Canada 

CBWFT, Winnipeg, Manitoba, Canada 

CBXFT, Edmonton, Alberta, Canada 

CHLT–TV, Sherbrooke, Quebec, Canada 

CIMT, Riviere-du-Loup, Quebec, Canada 

CJBR, Rimouski, Quebec, Canada 

CKSH, Sherbrooke, Quebec, Canada 

CKTM, Trois-Rivieres, Quebec, Canada 

CKTV, Saguenay, Quebec, Canada 

K24IC–D, Bellingham, WA 

KAZA–DTV, Avalon, CA 

KBBC–TV, Bishop, CA 

KBCB, Bellingham, WA 

KBFD–DT, Honolulu, HI 

KBKF–LP, San Jose, CA 

KCGI–CA, Cape Girardeau, MO 

KCSO–LD, Sacramento, CA 

KDBK–LP, Caliente, CA 

KEBK–LP, Bakersfield, CA 

KEFM–LP, Chico, CA 

KFIQ–LP, Lubbock, TX 

KFMP–LP, Lubbock, TX 

KHTV–LP, Los Angeles, CA 

KILA–LP, Cherry Valley, CA 

KMRZ–LP, Moreno Valley, CA 

KNET–CA, Los Angeles, CA 

KNLA–LP, Los Angeles, CA 

KNNN–LP, Redding, CA 

KRMV–LP, Walnut, CA 

KRPE–LP, Banning, CA 

KRVD–LP, Banning, CA 

KSCZ–LP, Greenfield, CA 

KSFV–CA, Los Angeles, CA 

KSGO–LP, Chico, CA 

KSXC–LP, S. Sioux City, NE 

KTSF, San Francisco, CA 

KWHY–TV, Los Angeles, CA 

KWTA–LP, Tucson, AZ 

W07DP–D35, Harrisburg, PA 

W14DFD–TV14, Elliotsburg, PA 

W16COD–TV16, Middleburg, PA 

W20CM, Port Jervis, NY 

W26DB, Port Jervis, NY 

W29CO–TV29, Sharon, PA 

W34DI, Port Jervis, NY 

W42CX, Port Jervis, NY 

W45BT–TV45, Brookville, PA 

W46DQ, Port Jervis, NY 

W46EJ–D21, Clarksburg, WV 

W49DK, Port Jervis, NY 

W52DW, Port Jervis, NY 

W59EA, Port Jervis, NY 

WAQP, Saginaw, MI 

WBNF–CA, Buffalo, NY 

WBPA–LP, Pittsburgh, PA 

WBQD–LP, Davenport, IA 

WCHU–LP, Chicago, IL 

WDWO–CA, Detroit, MI 

WDYR–CA, Dyersburg, TN 

WHCT–LP, Hartford/Springfield, CT 

WINM, Angola, IN 

WKBS–TV47, Altoona, PA 

WLFM–LP, Chicago, IL 

WLJC–TV, Beattyville, KY 

WLXI, Greensboro, NC 

WMBC–TV, Newton, NJ 

WNJJ–LD, Paterson, NJ 

WNYA–CA, Kinderhook, NY 

WNYB, Jamestown, NY 

WPCB–TV40, Greensburg, PA 

WPRU–LP, Aguadilla, P.R. 

WRAY–TV, Wilson, NC 

WRLM, Canton, OH 

WSJP–LP, Aguadilla, P.R. 

WSJX–LP, Aguadilla, P.R. 

WTCT–Marion, IL 

WTLJ, Muskegon, MI 

WVXF(TV), Charlotte Amalie, USVI 

WXLI, Greensboro, NC 

WXOX–LP, Cleveland, OH 

XERV–TV, Reynosa, Tamaulipas, Mexico 

XHAB–TV, Matamoros, Tamaulipas, Mexico 

Dated: March 21, 2012. 

Maria A. Pallante, 

Register of Copyrights. 

[FR Doc. 2012–7430 Filed 3–27–12; 8:45 am] 

BILLING CODE 1410–30–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2011–0025] 

Administrative Guide for Verifying 

Compliance With Packaging 

Requirements for Shipment and 

Receipt of Radioactive Material 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Regulatory guide; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or Commission) is 

issuing a revision to Regulatory Guide 

7.7, ‘‘Administrative Guide for Verifying 

Compliance with Packaging 

Requirements for Shipment and Receipt 

of Radioactive Material.’’ This 

regulatory guide describes an approach 

the staff of the NRC considers 

acceptable for meeting the 

administrative requirements associated 

with the shipment and receipt of 

radioactive materials. 

ADDRESSES: Please refer to Docket ID 

NRC–2011–0025 when contacting the 

NRC about the availability of 

information regarding this document. 

You may access information related to 

this document, which the NRC 

possesses and is publicly available, 

using the following methods: 

• Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 


tkelley on DSK3SPTVN1PROD with NOTICES