USCO Announces Satellite Rate Negtiation Period

The U.S. Copyright Office has announced the voluntary negotiation period for the purpose of determining the royalty fees for the retransmission of digital over-the-air television broadcast signals by satellite carriers under the statutory license. The voluntary negotiation period commences on March 25, 2005 and concludes on April 25, 2005. Voluntary agreements must be submitted no later than April 25, 2005.

The satellite carrier compulsory license establishes a statutory copyright licensing scheme for satellite carriers that retransmit over- the-air television broadcast signals to satellite dish owners. 17 U.S.C. 119. Section 119(c)(2) provides that “[t]he process and requirements for establishing the royalty fee payable . . . for the secondary transmission of the primary digital transmissions of network stations and superstations shall be the same� as that set forth in section 119(c)(1) for the amendment of the rates paid for the retransmission of analog signals. Section 119(c)(1) provides that “the Librarian of Congress shall cause to be published in the Federal Register [notice] of the initiation of the voluntary negotiation proceedings for the purpose of determining the royalty fee to be paid by satellite carriers� for the retransmission of digital broadcast signals. This notice initiates the voluntary negotiation period.