69288 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

Overview of this information 

(1) Type of Information Collection: 

Approval of an Existing Collection. 

(2) Title of the Form: Voluntary 

Appeal File. 

(3) Agency Form Number, if any, and 

the applicable component of the 

department sponsoring the collection: 

Form Number: 1110–0043. 

Sponsor: Criminal Justice Information 

Services (CJIS) Division of the FBI, 

Department of Justice (DOJ). 

(4) Affected Public who will be asked 

or required to respond, as well as a brief 

abstract: 

Primary: Any individual requesting 

entry into the Voluntary Appeal File 

(VAF) of the FBI Criminal Justice 

Information Services (CJIS) Division’s 

National Instant Criminal Background 

Check System (NICS) Section. 

Brief Abstract: Under 28 CFR, 

§ 25.9(b)(1), (2), and (3), the NICS must 

destroy all identifying information on 

allowed transactions within 24 hours of 

the Federal Firearms Licensee (FFL) 

being notified of the transaction’s 

proceed status. If a potential purchaser 

is delayed or denied a firearm then 

successfully appeals the decision, the 

NICS Section cannot retain a record of 

the overturned appeal or the supporting 

documentation. If the record cannot be 

updated, the purchaser continues to be 

delayed or denied, and if that individual 

appeals the decision, the documentation 

must be resubmitted for every 

subsequent purchase. As such, the 

Voluntary Appeal File (VAF) was 

mandated to be created and maintained 

by the NICS Section for the purpose of 

preventing future lengthy delays or 

erroneous denials of a firearm transfer. 

An individual wishing to request entry 

into the VAF may obtain a VAF 

brochure from the NICS Section, an 

FFL, or the NICS Section Web site: 

http://www.fbi.gov/about-us/cjis/nics/ 

nics. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: 

It is estimated that annually 7,542 

individuals will request entry into the 

VAF. It takes an average of 5 minutes to 

read and complete all areas of the 

application, an estimated 2 hours for the 

process of fingerprinting including 

travel, and 25 minutes to mail the form 

for a total of 2.5 hours estimated burden 

to the respondent. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 

The number of persons requesting 

entry into the VAF is estimated to be 

7,542 individuals annually. The time it 

takes each individual to complete the 

process is 2.5 hours. The total public 

burden hours are 7,542 respondents 

multiplied by 2.5 hours which equals 

18,855 total burden hours. 

If additional information is required, 

contact: Jerri Murray, Department 

Clearance Officer, United States 

Department of Justice, Policy and 

Planning Staff, Justice Management 

Division, Two Constitution Square, 145 

N Street, NE., Room 2E–508, 

Washington, DC 20530. 

Jerri Murray, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. 2011–28803 Filed 11–7–11; 8:45 am] 

BILLING CODE P 

LIBRARY OF CONGRESS 

Copyright Office 

[Docket No. 2011–1] 

Cable Statutory License: Specialty 

Station List 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of objections and 

specialty station filings. 

SUMMARY: Periodically, the Copyright 

Office (‘‘Office’’) seeks to update its list 

of specialty stations related to the use of 

the cable compulsory license. In 

response to the publication of an initial 

list of specialty stations for this purpose 

in April of this year, the Office received 

objections filed by the Motion Picture 

Association of America to the 

identification of certain stations as being 

entitled to specialty station status in 

accordance with the Federal 

Communications Commission’s (‘‘FCC’’) 

definition of specialty station in effect 

on June 24, 1981. Consequently, before 

compiling the final list, the Office is 

providing an opportunity for response 

to the filed objections. The Office is also 

publishing for comment a new list of 

television stations reported in filed 

affidavits received after publication of 

the initial list in which the owner or 

licensee of the television station attests 

that the station qualifies as a specialty 

station under the FCC’s former rules. 

DATES: Objections to the newly 

designated specialty stations must be 

filed no later than December 8, 2011. 

Responses to any objections filed to the 

newly designated specialty stations 

must be received no later than January 

9, 2012. Responses to any of the MPAA 

objections noted herein must also be 

filed with the Office no later than 

January 9, 2012. 

ADDRESSES: All comments and reply 

comments shall be submitted 

electronically. A comment page 

containing a comment form is posted on 

the Copyright Office Web site at 

http://www.copyright.gov/docs/ssl. The 

Web site interface requires submitters to 

complete a form specifying name and 

organization, as applicable, and to 

upload comments as an attachment via 

a browser button. To meet accessibility 

standards, all objections, comments, or 

other filings must be uploaded in a 

single file in either the Adobe Portable 

Document File (PDF) format that 

contains searchable, accessible text (not 

an image); Microsoft Word; 

WordPerfect; Rich Text Format (RTF); or 

ASCII text file format (not a scanned 

document). The maximum file size is 6 

megabytes (MB). The name of the 

submitter and organization should 

appear on both the form and the face of 

the filings. All objections, comments, 

and other filings will be posted publicly 

on the Copyright Office Web site exactly 

as they are received, along with names 

and organizations. If electronic 

submission of objections, comments, or 

other filings is not feasible, please 

contact Tracie Coleman of the Licensing 

Division at (202)–707–8150 for special 

instructions. 

FOR FURTHER INFORMATION CONTACT: Ben 

Golant, Assistant General Counsel, and 

Tanya M. Sandros, Deputy General 

Counsel, Copyright GC/I&R, P.O. Box 

70400, Southwest Station, Washington, 

DC 20024. Telephone: (202) 707–8380. 

Telefax: (202) 707–8366. 

SUPPLEMENTARY INFORMATION: Under the 

cable statutory license, 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 which 

governed the carriage of distant network 

station signals in the 1970s. However, 

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Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices 69289 

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. 

The Office published its first specialty 

station list in 1990 under a procedure 

which allowed the owner of 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. 

Accordingly, on January 28, 2011, the 

Office published 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). 

Objections. 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’’) 

has made such a filing and objected to 

the inclusion of the following stations 

for the following reasons: 

• Stations offering full days of 

syndicated programming, including 

during prime time, cannot be identified 

as specialty stations: 

WBQD–LP, Davenport, IA 

WYNA–CA, Albany, NY 

• Stations carrying the multicast 

signals of, and featuring the same 

programs as, a Public Broadcasting 

Service affiliate cannot be identified as 

specialty stations: 

K241C–D, Bellingham, WA: translator 

that carries multicast signals of Public 

Broadcasting Service affiliate KBTC, 

Bellingham, WA to Vancouver, BC. 

K241C–D offers the same programs at 

the same times that they are broadcast 

by KBTC. 

• Stations offering home shopping 

programming throughout the day, and 

during prime time as well as stations 

solely broadcasting infomercials cannot 

be identified as specialty stations: 

KBCB–TV, Bellingham, WA: Home 

Shopping Network affiliated station. 

KHTV–LP, Los Angeles, CA: Home 

Shopping Network affiliated station. 

WNJJ–LD, Paterson, NJ: broadcasts only 

infomercials. 

• Stations currently licensed and 

silent cannot be identified as specialty 

stations: 

KDBK–LP, Caliente, CA. 

KEBK–LP, Bakersfield, CA. 

KFIQ–LP, Lubbock, TX. 

KILA–LP, Cherry Valley, CA. 

KMRZ–LP, Moreno Valley, CA . 

KRMV–LP, Walnut, CA. 

KRPE–LP, Banning, CA. 

KRVD–LP, Banning, CA. 

KSCZ–LP, Greenfield, CA . 

KSGO–LP, Chico, CA . 

WXOX–LP, Cleveland, OH. 

• ABC and Fox affiliates offering 

syndicated programming throughout the 

day in English should not be identified 

as specialty stations: 

WPRU–LP, Aguadilla, PR. 

WSJX–LP, Aguadilla, PR. 

WVXF(TV), Charlotte Amalie, USVI. 

• Stations offering a radio 

programming format should not be 

identified as specialty stations: 

KFMP–LP, Lubbock, TX. 

WLFM–LP, Chicago, IL. 

• The following Port Jervis, NY 

licensed stations for which there is no 

evidence of construction or the type of 

programming broadcast should not be 

identified as specialty stations: 

W20CM. 

W26DB. 

W34d1. 

W42DQ. 

W49DK. 

W52DW. 

W59EA. 

Before compiling a new list of specialty 

stations, television broadcast stations 

that have filed affidavits attesting to 

their specialty station status should 

have the opportunity to rebut any 

objections filed to their identification as 

a specialty station and clarify their 

status for the purposes expressed 

herein. 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. 

The goal was to establish a set of facts 

so that cable systems can make an 

informed decision as to whether 

copyright owners might continue to 

contest the carriage of a particular 

station on a specialty basis. 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). 

To that end, the Office contacted the 

representatives of stations for which it 

had received written objections and 

gave them an opportunity to respond. 

See 56 FR 61056 (November 29, 1991). 

Today, the Office is requesting written 

comments in response to the objections 

received from MPAA, which may be 

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

docs/specialtystations/objections-PS2011.pdf. 

In addition to this notice, the Office 

will also contact each of the broadcast 

stations informing it that an objection 

has been filed to its representation that 

it is a specialty station and advising that 

it may respond to that objection. 

Responses from the broadcaster must be 

filed with the Office no later than 

January 9, 2012. A broadcaster that has 

determined that its station should not be 

considered as a specialty station at this 

time may inform the Office of this fact 

and the station will not be included on 

the final list. However, unless a 

broadcaster asks to be removed from the 

list of specialty stations, it will be 

included on the final list with an 

annotation to denote that an objection 

had been filed to the station’s 

characterizing itself as a specialty 

station. 

The Office will place in the public file 

together with the relevant affidavit any 

objection received and response thereto. 

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 

characterization.’’ See 54 FR 38461, 

38464 (September 18, 1989). The cable 

operator then has the opportunity to file 

an amended Statement of Account and 

recalculate royalties, if the operator so 

chooses. 

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 

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69290 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices 

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. The 

Office, however, has not made such 

determinations in the past and has 

stated that ‘‘it should not itself verify 

the specialty station status of particular 

stations,’’ 54 FR 38466 (September 18, 

1989), although it has relied on rulings 

made by the Federal Communications 

Commission with respect to the 

retransmission of English-speaking 

stations in Puerto Rico. See, e.g., letter 

from Marilyn Kretsinger, Assistant 

General Counsel, to Christopher 

Cinnamon on February 14, 1997. Rather, 

the Office provides periodically 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). 

These policies and practices do not 

support MPAA’s contention that the 

Office can make determinations 

regarding the specialty status of a 

particular station. Nevertheless, the 

Office seeks 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. 

New Specialty Station Claims. Since 

the publication of the initial list, the 

Office has received 24 additional 

affidavits, attesting to the specialty 

station status of the 24 identified 

stations. Because the Office has received 

a substantial number of late filed 

affidavits, the Office finds it necessary 

to seek input from the public regarding 

the asserted specialty station status of 

these particular stations. Any interested 

party may file an objection to these 

newly listed stations. Such objections 

are due no later than December 8, 2011 

and [a list will be] will be posted on the 

Office’s Web site shortly after that 

deadline. The Office will also accept 

responses to these objections. Such 

responses are due January 9, 2012. After 

comments or objections are received in 

response to this Notice, the Office plans 

to publish a final list of specialty 

stations that shall be effective January 1, 

2012, for the accounting period 2012/1 

and thereafter. The Office also notes that 

while the current practice is to accept 

late filed affidavits after the publication 

of the final list, it will be reexamining 

this practice in an upcoming rulemaking 

proceeding. 

New List of Additional Specialty 

Stations: Call Letter and Cities of 

License 

KCGI–CA, Cape Girardeau, MO . 

KCSO–LD, Sacramento, CA. 

W07DP–D35, Harrisburg, PA . 

W14DFD–TV14, Elliotsburg, PA . 

W16COD–TV16, Middleburg, PA . 

W29CO–TV29, Sharon, PA . 

W45BT–TV45, Brookville, PA. 

W46EJ–D21, Clarksburg, WV. 

WAQP, Saginaw, MI . 

WBNF–CA, Buffalo, NY . 

WDWO–CA, Detroit, MI . 

WDYR–CA, Dyersburg, TN. 

WINM, Angola, IN. 

WKBS–TV47, Altoona, PA. 

WMBC–TV, Newton, NJ . 

WNYB, Jamestown, NY . 

WPCB–TV40, Greensburg, PA. 

WRAY–TV, Wilson, NC . 

WRLM, Canton, OH . 

WTCT–Marion, IL . 

WTLJ, Muskegon, MI. 

WXLI, Greensboro, NC . 

XERV–TV, Reynosa, Tamaulipas, 

Mexico. 

XHAB–TV, Matamoros, Tamaulipas, 

Mexico. 

Dated: November 2, 2011. 

Maria A. Pallante, 

Register of Copyrights. 

[FR Doc. 2011–28939 Filed 11–7–11; 8:45 am] 

BILLING CODE 1410–30–P 

MILLENNIUM CHALLENGE 

CORPORATION 

[MCC 11–11] 

Report on Countries That Are 

Candidates for Millennium Challenge 

Account Eligibility in Fiscal Year 2012 

and Countries That Would Be 

Candidates But For Legal Prohibitions 

AGENCY: Millennium Challenge 

Corporation. 

ACTION: Notice. 

SUMMARY: Section 608(d) of the 

Millennium Challenge Act of 2003 

requires the Millennium Challenge 

Corporation to publish a report that 

identifies countries that are ‘‘candidate 

countries’’ for Millennium Challenge 

Account assistance during FY 2012. The 

report is set forth in full below and 

updates the report published September 

7, 2011 (76 FR 55419) to reflect the 

issuance of presidential determinations 

that waived sanctions with respect to 

certain countries under Section 110 of 

the Trafficking Victims Protection Act of 

2000 (Pub. L. 106–386), as amended. 

Dated: November 2, 2011. 

Melvin F. Williams, Jr., 

VP/General Counsel and Corporate Secretary, 

Millennium Challenge Corporation. 

Report on Countries that are 

Candidates for Millennium Challenge 

Account Eligibility for Fiscal Year 2012 

and Countries that would be 

Candidates but for Legal Prohibitions 

Summary 

This report to Congress is provided in 

accordance with section 608(a) of the 

Millennium Challenge Act of 2003, as 

amended, 22 U.S.C. 7701, 7707(a) (the 

‘‘Act’’). 

The Act authorizes the provision of 

Millennium Challenge Account (MCA) 

assistance for countries that enter into a 

Millennium Challenge Compact with 

the United States to support policies 

and programs that advance the progress 

of such countries to achieve lasting 

economic growth and poverty 

reduction. The Act requires the 

Millennium Challenge Corporation 

(MCC) to take a number of steps in 

selecting countries with which MCC 

will seek to enter into a compact, 

including (a) Determining the countries 

that will be eligible for MCA assistance 

for fiscal year 2012 (FY12) based on a 

country’s demonstrated commitment to 

(i) Just and democratic governance, (ii) 

economic freedom, and (iii) investments 

in its people; and (b) considering the 

opportunity to reduce poverty and 

generate economic growth in the 

country. These steps include the 

submission of reports to the 

congressional committees specified in 

the Act and the publication of notices in 

the Federal Register that identify: 

The countries that are ‘‘candidate 

countries’’ for MCA assistance for FY12 

based on per capita income levels and 

eligibility to receive assistance under U.S. 

law, and countries that would be candidate 

countries but for specified legal prohibitions 

on assistance (section 608(a) of the Act); 

The criteria and methodology that the MCC 

Board of Directors (Board) will use to 

measure and evaluate the relative policy 

performance of the ‘‘candidate countries’’ 

consistent with the requirements of 

subsections (a) and (b) of section 607 of the 

Act in order to determine ‘‘MCA eligible 

countries’’ from among the ‘‘candidate 

countries’’ (section 608(b) of the Act); and 

The list of countries determined by the 

Board to be ‘‘MCA eligible countries’’ for 

FY12, identification of such countries with 

which the Board will seek to enter into 

compacts, and a justification for such 

eligibility determination and selection for 

compact negotiation (section 608(d) of the 

Act). 

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