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attention

Mandatory Regulation for


Making Statutory License Royalty Fee Payments
via Electronic Funds Transfer
effective october 1, 2006

The Copyright Office amended Sections 201.11 (satellite


carrier statements of account covering statutory licenses
for secondary transmissions), 201.17 (statements of account
covering statutory licenses for secondary transmissions by
cable systems) and 201.28 (statements of account for digital
audio recording devices or media) of Title 37 of the Code
of Federal Regulations to require that all statutory license
royalty fee payments be made via electronic funds transfer.
The regulation is effective beginning October 1, 2006, and
applicable to all royalty payments received on or after October
1, 2006, for past and subsequent accounting periods. For
details see the Federal Register, August 10, 2006 (71 fr 45739 )
available at www.copyright.gov⁄fedreg⁄2006⁄71fr45739.html .

For detailed instructions concerning electronic payments,


contact the Licensing Division between 8:30 am and 5:00 pm
eastern time by calling (202) 707-8150, faxing (202) 707-0905,
or emailing licensing@loc.gov for circulars 74a (on payments
via wire), 74b, (on payments via ACH credit), and 74c
(on payments using pay.gov), which are also available at
www.copyright.gov⁄circs⁄circ74 .

w
m-258a rev: 08 ⁄ 2006 print: 08 ⁄ 2006 — 3,000 Printed on recycled paper
SPECIAL NOTICE ABOUT THIS STATEMENT OF ACCOUNT

Adjusted Cable Royalty Fee Rates


The royalty fee rates and “gross receipts” limitation threshold amounts under the cable statutory license were adjusted
pursuant to 17 U.S.C. 801(b)(2)(A)&(D). The new rates are effective July 1, 2005. See page 6 of this form and page
(vi) of the general instructions. (See Federal Register, October 6, 2005, 70 FR 58310.)

New Rate Structure


“Gross Receipts” Limitations:
• Less than $527,600: File SA1-2 (Short Form)
• $527,600 or more: File SA-3 (Long Form)
If you did not receive the correct form under the adjusted “gross receipts” limitations, please contact the Licensing
Division.

Photocopy Required
The Copyright Office amended Section 201.17 of Title 37 of the Code of Federal Regulations to require that a legible
copy of the semi-annual Statement of Account be submitted together with the original Statement of Account to the
Copyright Office, effective July 1, 2005. (See the Federal Register, May 26, 2005, 70 FR 30366.)

Royalty Fee Payments via Electronic Funds Transfer


We encourage you to utilize the benefits of electronic funds transfer to make royalty fee payments. Contact the
Licensing Division for Circular 74, which is also available at www.copyright.gov ⁄ circs ⁄ circ74.pdf .

Library of Congress
Copyright Office
Licensing Division
101 Independence Avenue SE
Washington, DC 20557-6400
Tel: (202) 707-8150 (8:30 a.m–5:00 p.m., eastern time)
Fax: (202) 707-0905
Email: licensing@loc.gov
Web: www.copyright.gov
THIS FORM IS EFFECTIVE FOR ACCOUNTING PERIODS BEGINNING JULY 1, 2005 SA1-2
If you are filing for a prior accounting period, contact the Licensing Division for the correct form. Short Form
Return to:
STATEMENT OF ACCOUNT FOR COPYRIGHT OFFICE USE ONLY Library of Congress
Copyright Office
for Secondary Transmissions DATE RECEIVED AMOUNT Licensing Division
by Cable Systems (Short Form) $ 101 Independence Ave. SE
Washington, DC 20557-6400
(202) 707-8150
General Instructions are at the
ALLOCATION NUMBER [For courier deliveries,
end of this form [pages (i) – (vi)].
see page i of the general
instructions]

A
Accounting
ACCOUNTING PERIOD COVERED BY THIS STATEMENT: (Check one of the boxes and fill in the year date.)
 January 1 – June 30 . . . . . . . . . .  July 1 – December 31 . . . . . . . . .
Period (Year) (Year)

INSTRUCTIONS:
B Give the full legal name of the owner of the cable system in Line 1. If the owner is a subsidiary of another corporation, give the full
Owner corporate title of the subsidiary, not that of the parent corporation.
In Line 2, list any other names under which the owner conducts the business of the cable system.

 Check here if this is the system’s first filing. If not, enter the system’s ID number assigned by the Licensing Division. __________

1 LEGAL NAME OF OWNER/MAILING ADDRESS OF CABLE SYSTEM

2 BUSINESS NAME(S) OF OWNER OF CABLE SYSTEM (IF DIFFERENT):

3 MAILING ADDRESS OF OWNER OF CABLE SYSTEM:

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(Number, Street, Rural Route, Apartment or Suite Number)

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(City, Town, State, ZIP Code)

INSTRUCTIONS: In line 1, give any business or trade names used to identify the business and operation of the system unless these
C names already appear in space B. In line 2, give the mailing address of the system, if different from the address given in space B.
System
IDENTIFICATION OF CABLE SYSTEM:
1
MAILING ADDRESS OF CABLE SYSTEM:

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2 (Number, Street, Rural Route, Apartment or Suite Number)

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(City, Town, State, ZIP Code)

INSTRUCTIONS: List each separate community served by the cable system. A “community” is the same as a “community unit” as defined
in FCC rules: “…a separate and distinct community or municipal entity (including unincorporated communities within unincorporated
D areas and including single, discrete unincorporated areas.”) 47 C.F.R. §76.5(mm). The first community that you list will serve as a form
Area of system identification hereafter known as the “First Community.” Please use it as the First Community on all future filings.
Served Note: Entities and properties such as hotels, apartments, condominiums or mobile home parks should be reported in parentheses below the identified city.

CITY OR TOWN STATE CITY OR TOWN STATE


First

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Community ....................................................................................................................
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Form SA1-2 Rev: 10/2005 Print: 10/2005 —5,000 Printed on recycled paper U.S. Government Printing Office: 2005-314-641
FORM SA1-2. PAGE 2.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

SECONDARY TRANSMISSION SERVICE: SUBSCRIBERS AND RATES


In General: The information in space E should cover all categories of “secondary transmission service” of the cable E
system: that is, the retransmission of television and radio broadcasts by your system to subscribers. Give information
about other services (including pay cable) in space F, not here. All the facts you state must be those existing on the last Secondary
day of the accounting period (June 30 or December 31, as the case may be). transmission
Number of Subscribers: Both blocks in space E call for the number of subscribers to the cable system, broken down Service:
by categories of secondary transmission service. In general, you can compute the number of “subscribers” in each Subscribers
category by counting the number of billings in that category (the number of persons or organizations charged separately and Rates
for the particular service at the rate indicated—not the number of sets receiving service).
Rate: Give the standard rate charged for each category of service. Include both the amount of the charge and the unit
in which it is generally billed. (Example: “$8/mth”). Summarize any standard rate variations within a particular rate
category, but do not include discounts allowed for advance payment.
Block 1: In the left-hand block in space E, the form lists the categories of secondary transmission service that cable
systems most commonly provide to their subscribers. Give the number of subscribers and rate for each listed category
that applies to your system. Note: Where an individual or organization is receiving service that falls under different
categories, that person or entity should be counted as a “subscriber” in each applicable category. Example: a residential
subscriber who pays extra for cable service to additional sets would be included in the count under “Service to the First
Set,” and would be counted once again under “Service to Additional Set(s).”
Block 2: If your cable system has rate categories for secondary transmission service that are different from those
printed in block 1, (for example, tiers of services which include one or more secondary transmissions), list them, together
with the number of subscribers and rates, in the right-hand block. A two or three word description of the service is sufficient.

BLOCK 1 BLOCK 2
NO. OF NO. OF
CATEGORY OF SERVICE SUBSCRIBERS RATE CATEGORY OF SERVICE SUBSCRIBERS RATE

Residential:
• Service to First Set . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Service to Additional Set(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• FM Radio (if separate rate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Motel, Hotel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Converter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Residential. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Non-Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SERVICES OTHER THAN SECONDARY TRANSMISSIONS: RATES


In General: Space F calls for rate (not subscriber) information with respect to all your cable system’s services that F
were not covered in space E. That is, those services that are not offered in combination with any secondary transmission
service for a single fee. There are two exceptions: you do not need to give rate information concerning: (1) services Services
furnished at cost; and (2) services or facilities furnished to nonsubscribers. Rate information should include both the Other Than
amount of the charge and the unit in which it is usually billed. If any rates are charged on a variable per-program basis, Secondary
enter only the letters"PP” in the rate column. Transmissions:
Block 1: Give the standard rate charged by the cable system for each of the applicable services listed. Rates
Block 2: List any services that your cable system furnished or offered during the accounting period that were not listed
in block 1 and for which a separate charge was made or established. List these other services in the form of a brief (two
or three word) description, and include the rate for each.

BLOCK 1 BLOCK 2

CATEGORY OF SERVICE RATE CATEGORY OF SERVICE RATE CATEGORY OF SERVICE RATE


Continuing Services: Installation: Non-Residential
• Pay Cable . . . . . . . . . . . . . . . . . . . . . . . . . • Motel, Hotel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Pay Cable –Add’l Channel . . . . . . . . . • Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Fire Protection . . . . . . . . . . . . . . . . . . . . . • Pay Cable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Burglar Protection . . . . . . . . . . . . . . . . . . • Pay Cable – Add’l Channel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Installation: Residential • Fire Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• First Set . . . . . . . . . . . . . . . . . . . . . . . . . . . • Burglar Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Additional Set(s) . . . . . . . . . . . . . . . . . . . . Other Services:
• FM Radio (if separate rate) . . . . . . . . . • Reconnect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Converter . . . . . . . . . . . . . . . . . . . . . . . . . . . • Disconnect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Outlet Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Move to New Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FORM SA1-2. PAGE 3.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

INSTRUCTIONS
G General: In space G, identify every television station (including translator stations and low power television stations)
carried by your cable system during the accounting period, except: (1) stations carried only on a part-time basis under
FCC rules and regulations in effect on June 24, 1981 permitting the carriage of certain network programs [sections
Primary
76.59(d)(2) and (4), 76.61(e)(2) and (4) or 76.63 (referring to 76.61(e)(2) and (4))]; and (2) certain stations carried on a
Transmitters: substitute program basis, as explained in the next paragraph.
Television Substitute Basis Stations: With respect to any distant stations carried by your cable system on a substitute program
basis under specific FCC rules, regulations, or authorizations:
• Do not list the station here in space G—but do list it in space I (the Special Statement Program Log)—if the station was
carried only on a substitute basis.
• List the station here, and also in space I, if the station was carried both on a substitute basis and also on some other
basis. For futher information concerning substitute basis stations, see page (v) of the General Instructions.
Column 1: List each station’s call sign. Do not report origination program services such as HBO, ESPN, etc.
Column 2: Give the number of the channel on which the station’s broadcasts are carried in its own community. This
may be different from the channel on which your cable system carried the station.
Column 3: Indicate in each case whether the station is a network station, an independent station, or a noncommercial
educational station, by entering the letter “N” (for network), “I” (for independent) or “E” (for noncommercial educational).
For the meaning of these terms, see page (iv) of the General Instructions.
Column 4: Give the location of each station. For U.S. stations, list the community to which the station is licensed by
the FCC. For Mexican or Canadian stations, if any, give the name of the community with which the station is identified.

1. CALL 2. B’CAST 3. TYPE 4. LOCATION OF STATION


SIGN CHANNEL OF
NUMBER STATION

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FORM SA1-2. PAGE 4.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

PRIMARY TRANSMITTERS: RADIO


In General: List every radio station carried on a separate and discrete basis and list those FM stations carried on an all-
band basis whose signals were “generally receivable” by your cable system during the accounting period.
H
Special Instructions Concerning All-Band FM Carriage: Under Copyright Office Regulations, an FM signal is Primary
“generally receivable” if: (1) “it is carried by the system whenever it is received at the system’s headend"; and (2) it can Transmitters:
be expected, on the basis of monitoring, to be received at the headend, with the system’s FM antenna, during certain Radio
stated intervals. For detailed information about the the Copyright Office Regulations on this point, see page (iv) of the
General Instructions.
Column 1: Identify the call sign of each station carried.
Column 2: State whether the station is AM or FM.
Column 3: If the radio station’s signal was electronically processed by the cable system as a separate and discrete
signal, indicate this by placing a check mark in the “S/D” column.
Column 4: Give the station’s location (the community to which the station is licensed by the FCC or, in the case of
Mexican or Canadian stations, if any, the community with which the station is identified).

CALL SIGN AM or FM S/D LOCATION OF STATION CALL SIGN AM or FM S/D LOCATION OF STATION

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FORM SA1-2. PAGE 5.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

GENERAL
I In space I, identify every nonnetwork television program, broadcast by a distant station, that your cable system carried
on a substitute basis during the accounting period, under specific present and former FCC rules, regulations, or
Substitute
authorizations. For a further explanation of the programming that must be included in this log, see page (v) of the General
Carriage:
Instructions.
Special
Statement and
1. SPECIAL STATEMENT CONCERNING SUBSTITUTE CARRIAGE:
Program Log
• During the accounting period, did your cable system carry, on a substitute basis, any nonnetwork television program
broadcast by a distant station? ■ Yes ■ No
Note: If your answer is “No,” leave the rest of this page blank. If your answer is “Yes,” you must complete the program
log in block 2.

2. LOG OF SUBSTITUTE PROGRAMS:


In General: List each substitute program on a separate line. Use abbreviations wherever possible, if their meaning is clear.
If you need more space, please attach additional pages.
Column 1: Give the title of every nonnetwork television program (“substitute program”) that, during the accounting
period, was broadcast by a distant station and that your cable system substituted for the programming of another station
under certain FCC rules, regulations, or authorizations. See page (v) of the General Instructions for further information.
Do not use general categories like “movies” or “basketball.” List specific program titles, for example, “I Love Lucy” or “NBA
Basketball: 76ers vs. Bulls.”
Column 2: If the program was broadcast live, enter “Yes". Otherwise enter “No.”
Column 3: Give the call sign of the station broadcasting the substitute program.
Column 4: Give the broadcast station’s location (the community to which the station is licensed by the FCC or, in the
case of Mexican or Canadian stations, if any, the community with which the station is identified).
Column 5: Give the month and day when your system carried the substitute program. Use numerals, with the month
first. Example: for May 7 give “5/7.”
Column 6: State the times when the substitute program was carried by your cable system. List the times accurately to
the nearest five minutes. Example: a program carried by a system from 6:01:15 p.m. to 6:28:30 p.m. should be stated as
“6:00–6:30 p.m.”
Column 7: Enter the letter “R” if the listed program was substituted for programming that your system was required to
delete under FCC rules and regulations in effect during the accounting period; or enter the letter “P” if the listed program
was substituted for programming that your system was permitted to delete under FCC rules and regulations in effect on
October 19, 1976.

WHEN SUBSTITUTE
SUBSTITUTE PROGRAM
CARRIAGE OCCURRED 7. REASON
FOR
2. LIVE? 3. STATION’S 5. MONTH 6. TIMES DELETION
1. TITLE OF PROGRAM
Yes or No CALL SIGN 4. STATION’S LOCATION AND DAY FROM — TO


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FORM SA1-2. PAGE 6.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

GROSS RECEIPTS
Instructions: The figure you give in this space determines the form you file and the amount you pay. Enter the total K
of all amounts (“gross receipts”) paid to your cable system by subscribers for the system’s “secondary transmission
service” (as identified in space E) during the accounting period. For a further explanation of how to compute this amount, Gross Receipts
see page (v) of the General Instructions.
• Gross receipts from subscribers for secondary transmission service(s)
during the accounting period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $. . . . . . . . . . . . . . . . . . . . . . .


IMPORTANT: You must complete a statement in space P concerning gross receipts. (Amount of “gross receipts”)

INSTRUCTIONS FOR COMPUTING THE COPYRIGHT ROYALTY FEE


To compute the royalty fee you owe:
L
• Complete either block 1, block 2 or block 3
• Use block 1 if the amount of “gross receipts” in space K is $137,100 or less Copyright
• Use block 2 if the amount of “gross receipts” in space K is more than $137,100 but less than or equal to $263,800 Royalty Fee
• Use block 3 if the amount of “gross receipts” in space K is more than $263,800 but less than $527,600
See page (vi) of the General Instructions for more Information.
BLOCK 1: “GROSS RECEIPTS” OF $137,100 OR LESS
INSTRUCTIONS: As a cable system with “gross receipts” of $137,100 or less, the royalty fee that you must pay for this six-month
accounting period is $52.00
Line 1. Royalty Fee for Accounting Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 52.00

Line 2. Interest Charge. Enter the amount from line 4, space Q, page 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$

Line 3. TOTAL ROYALTY FEE PAYABLE FOR ACCOUNTING PERIOD. Add lines 1 and 2 . . . . . . . . . . . .$. . . . . . . . . . . . . . . . . . . . . .

BLOCK 2: “GROSS RECEIPTS” OF $263,800 OR LESS (but more than $137,100)

1. Base amount under statutory formula . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $263,800


2. Enter amount of “gross receipts” from space K . . . . . . . . . . . . . . . . . . . . . . . . .


3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


4. Enter the amount of “gross receipts” from space K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


5. Enter the amount from line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


6. Subtract line 5 from line 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


7. Multiply line 6 by .005 (enter figure here) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $


8. Interest Charge. Enter the amount from line 4, space Q, page 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $


9. TOTAL ROYALTY FEE PAYABLE FOR ACCOUNTING PERIOD. Add lines 7 and 8 . . . . . . . . . . . . . . . $. . . . . . . . . . . . . . . . . . . . . . .

BLOCK 3: “GROSS RECEIPTS” OF MORE THAN $263,800 (but less than $527,600)

1. Enter the amount of “gross receipts” from space K . . . . . . . . . . . . . . . . . . . . . . $


2. Base amount under statutory formula . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $263,800


3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


4. Multiply line 3 by .01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


5. Royalty due on the first $263,800 of gross receipts (under statutory formula) . . . . . . . . . $1,319

6. Interest Charge. Enter the amount from line 4, space Q, page 8 . . . . . . . . . . . . . . . . . . . . $


7. TOTAL ROYALTY FEE PAYABLE FOR ACCOUNTING PERIOD. Add lines 4, 5, and 6 . . . . . . . . . . . . .$. . . . . . . . . . . . . . . . . . . . . . .

IMPORTANT: When you file your Statement of Account on this form, SA1-2, you must also enclose with it the royalty fee you have
computed in block 1, block 2, or block 3, above. Your remittance must be in the form of an electronic payment, certified check, cashier’s
check, or money order, payable to Register of Copyrights. Other forms of remittance, including personal or company checks will be
returned. Do not send cash. We recommend electronic payments.
FORM SA1-2. PAGE 7.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

M CHANNELS
INSTRUCTIONS: You must give: (1) the number of channels on which the cable system carried television broadcast
stations to its subscribers; and, (2) the cable system’s total number of activated channels, during the accounting period.
Channels

1. Enter the total number of channels on which the cable


system carried television broadcast stations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Enter the total number of activated


channels on which the cable system carried television broadcast stations
and nonbroadcast services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

INDIVIDUAL TO BE CONTACTED IF FURTHER INFORMATION IS NEEDED: (Identify an individual to whom


N we can write or call about this Statement of Account.)

Contact Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone . . . . . . . . . . . . . . . . . . . . . . . . . .


(Area Code)

Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Number, Street, Rural Route, Apartment or Suite Number)

.....................................................................................................................
(City, Town, State, ZIP Code)

Email (optional) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fax (optional). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

O CERTIFICATION: (This Statement of Account must be certified and signed in accordance with Copyright Office
Regulations, as explained in the General Instructions.)
Certification
• I, the undersigned, hereby certify that: (Check one, but only one, of the boxes.)

■ (Owner other than corporation or partnership) I am the owner of the cable system as identified in line 1 of
space B; or

■ (Agent of owner other than corporation or partnership) I am the duly authorized agent of the owner of the
cable system as identified in line 1 of space B, and that the owner is not a corporation or partnership; or

■ (Officer or partner) I am an officer (if a corporation) or a partner (if a partnership) of the legal entity identified as
owner of the cable system in line 1 of space B.
• I have examined the Statement of Account and hereby declare under penalty of law that all statements of fact contained
herein are true, complete, and correct to the best of my knowledge, information, and belief, and are made in good faith.
[18 U.S.C., Section 1001(1986)]

☛ Handwritten signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Typed or printed name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Title: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Title of official position held in corporation or partnership)

Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PRIVACY ACT ADVISORY STATEMENT—Required by Privacy Act of 1974 (Public Law 93-579)

Authority for Requesting This • You may be liable for civil or criminal • Examination of the Statement of Account Note:
Information: penalties for copyright infringement with for compliance with legal requirement • No other advisory statement will be given
• Title 17, U.S.C. § 111 respect to retransmission of television you in connection with this Statement of
and radio stations (17 U.S.C. §§502–506, Other Routine Uses: Account
Furnishing This Information is: 509–510) • Public inspection and copying
• Please retain a copy of this statement and
• Voluntary
• Preparation of public indexes refer to it if we communicate with you
Principal Uses of Requested Information:
regarding this Statement of Account
But If the Information is Not Furnished: • Establishment and maintenance of a • Preparation of search reports upon
• It may be necessary to delay placement public record. request
of this Statement of Account in the
completed record of Statements of
Account.
FORM SA1-2. PAGE 8.
LEGAL NAME OF OWNER OF CABLE SYSTEM:
Name

SPECIAL STATEMENT CONCERNING GROSS RECEIPTS EXCLUSION


The Satellite Home Viewer Act of 1988 amended Title 17, section 111(d)(1)(A), of the Copyright Act by adding the following P
sentence:
“In determining the total number of subscribers and the gross amounts paid to the cable system for the basic service Statement of
of providing secondary transmissions of primary broadcast transmitters, the system shall not include subscribers Gross Receipts
and amounts collected from subscribers receiving secondary transmissions pursuant to section 119.”

For more information on when to exclude these amounts, see the note on page (v) of the General Instructions.

During the accounting period did the cable system exclude any amounts of gross receipts for secondary transmissions
made by satellite carriers to satellite “dish” owners?
■ NO
■ YES. Enter the total here and list the satellite carrier(s) below. ................................... $

Name ...................................................... Name.....................................................


...............................................
Mailing Address ..............................................
Mailing Address

........................................................... .........................................................
........................................................... ..........................................................

Name...................................................... Name

...............................................
Mailing Address ..............................................
Mailing Address

.......................................................... ..........................................................
.......................................................... ..........................................................

WORKSHEET FOR COMPUTING INTEREST Q


You must complete this worksheet for those royalty payments submitted as a result of a late payment or underpayment.
Interest
For an explanation of interest assessment, see page (vi) General Instructions.
Assessment

Line 1. Enter the amount of late payment or underpayment . . . . . . . . . . . . . . . . . . . . . . . . $

x %

Line 2. Multiply line 1 by the interest rate* and enter the sum here . . . . . . . . . . . . . . . . .

x days

Line 3. Multiply line 2 by the number of days late and enter the sum here. . . . . . . . . . . . . .
x .00274

Line 4, Multiply line 3 by .00274** and enter here and in space L (page 6) Block 1,
line 2, or Block 2, line 8, or Block 3, line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$
(interest charge)

* Contact the Licensing Division at (202) 707-8150 (8:30 a.m–5:00 p.m., eastern time) for the interest rate for the
accounting period in which the late payment or underpayment occurred.

**This is the decimal equivalent of 1/365, which is the interest assessment for one day late.

NOTE: If you are filing this worksheet covering a Statement of Account already submitted to the Copyright Office, please
list below the Owner, Address, First Community Served, ID Number, and Accounting Period as given in the original filing.

Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......................................................................................
First Community Served . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ID Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounting Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IF YOU ARE FILING FOR A PRIOR ACCOUNTING PERIOD,
CONTACT THE LICENSING DIVISION FOR THE CORRECT FORM.

USE THIS FORM WHEN:


• You are the owner (or represent the owner) of a cable system; and
• You are filing the semiannual Statement of Account required by the copyright law; and
• Your system’s semiannual “gross receipts for secondary transmissions” (the figure you give in space K of the form) is
less than $527,600; and
• You are also depositing the required semiannual royalty fee with the Licensing Division of the Copyright Office.
IF YOUR FIGURE FOR SEMIANNUAL “GROSS RECEIPTS” IN SPACE K IS $527,600 OR MORE, USE SA3 (LONG FORM)

GENERAL INSTRUCTIONS FOR SA1-2 (SHORT FORM)


CABLE SYSTEMS HOW TO FILE THE STATEMENT OF ACCOUNT
AND THE COPYRIGHT LAW (P.L. 94-553) AND ROYALTY FEE

Cable systems are subject to copyright liability for their use First: Study the general information on these pages
of copyrighted material in “secondary transmissions” (the and read through the detailed instructions in the
retransmission of television and radio broadcasts to sub- Statement of Account form itself. Before you start
scribers). Cable retransmissions of copyrighted program- completing the form, make sure that you have
ming are subject to a system of “statutory licensing.” Among collected all of the necessary information and that
other things this means that twice a year the owner of a you are using the right form.
cable system must send a Statement of Account, together Second: Fill out the Statement of Account form, giving all
with a royalty fee, to the Licensing Division of the Copy- of the required information about your cable sys-
right Office. tem and about the television and radio stations
carried by it. Use a typewriter, or print the infor-
“Primary Transmissions” mation in black ink.
and “Secondary Transmissions” Third: Certify the Statement of Account by signing at
space O. The Statement of Account is not ac-
In providing copyright liability for cable systems, the law ceptable unless it bears the original handwritten
draws a distinction between “primary transmissions” and signature of one of the persons indicated in space
“secondary transmissions”: O as authorized to certify it under Copyright Of-
• “Primary Transmissions”: These include broadcasts by fice Regulations.
radio and television stations to the public that are retrans- Fourth: Make an electronic payment (see Note below) or
mitted by cable systems to their subscribers. obtain a certified check, cashier’s check or
money order in the amount you have calculated in
• “Secondary Transmissions”: This is the basic service
space L, to cover the copyright royalty fee. Payment
of retransmitting television and radio broadcasts to sub-
in any other form (such as personal or company
scribers. The statute requires all U.S. cable systems, re-
checks) will be returned. The remittance should
gardless of how many subscribers they have or whether
be payable to Register of Copyrights. Do not send
they are carrying any distant signals, to pay some copy-
cash. We recommend electronic payments.
right royalties. However, instead of obliging cable systems
Fifth: Send the completed Statement of Account, to-
to bargain individually for each copyrighted program they
gether with one legible copy of the Statement of
retransmit, the law offers them the opportunity of obtain-
ing a “statutory license” for secondary transmissions. Account and the copyright royalty fee, to
Library of Congress
Copyright Office
Note: “Secondary Transmissions” do not include trans- Licensing Division
missions originated by a cable system (including local 101 Independence Avenue SE
origination cablecasting, pay cable, program services, Washington, DC 20557-6400
background music services, and originations on leased
or access channels). Cable systems must negotiate For courier deliveries, see www.copyright.gov /
for the use of any copyrighted material in the program- mail.html for updated information.
ming they originate, and their originations are not sub- Sixth: The Copyright Office will retain your Statement
ject to statutory licensing. of Account and make it a part of our public
records. You should, therefore, keep a copy of
the entire Statement, as filed, in case you need
it for future reference.
GENERAL INSTRUCTIONS, FORM SA1-2, PAGE (ii).

Note: For detailed instructions concerning electronic pay- “Individual” cable system: An “individual” cable sys-
ments, contact the Licensing Division for Circular 74, which tem is defined generally as “each cable system recog-
is also available at www.copyright.gov ⁄ circs ⁄ circ74.pdf nized as a distinct entity under the rules, regulations, and
practices of the Federal Communications Commission.…” In
HOW THE “STATUTORY LICENSE” WORKS addition, two or more cable facilities are considered as one
“individual” cable system if either: (A) the facilities are in
In general, having a statutory license means that a cable contiguous communities and are under common ownership
system can retransmit broadcast programming without or control; or (B) the facilities operate from one headend.
violating the copyright law, as long as it complies with Thus, even if they are owned by different entities, two cable
certain paperwork requirements and, twice a year, deposits facilities will be considered as one “individual” cable system
a royalty fee with the Copyright Office. if they share a common headend.
• The cable system can, without negotiated licenses or
advance permission from copyright owners, retransmit
signals of any U.S. television or radio stations that it is WHAT A STATUTORY LICENSE
authorized to carry under FCC rules, regulations, or DOES NOT PERMIT YOU TO DO
authorizations (plus Mexican or Canadian stations in
certain cases); and The statutory authority given to cable systems to retransmit
television and radio broadcasts under a statutory license is
• The cable system must file Statements of Account with the
limited in several ways:
Copyright Office and must also deposit a semiannual roy-
alty. The amount of the royalty, which is established under a • Originations. To repeat: a cable system’s statutory li-
statutory formula, depends on the total of the system’s gross cense extends only to secondary transmissions (retrans-
receipts for secondary transmission service. missions). It does not permit the system to make any
originations of copyrighted material without a negotiated
• Every 6 months the cable system must send the Copyright
license covering that material.
Office a Statement of Account on this form, SA1-2 (Short
Form), or on SA3 (Long Form) (if the “gross receipts” are • Nonsimultaneous Retransmissions. In general, to be
$527,600 or more). subject to statutory licensing under the copyright law, a
cable retransmission must be simultaneous with the broad-
• Each semiannual Statement of Account must be accom-
cast being carried. As a rule, taping or other recording of
panied by the deposit of a royalty fee covering retransmis-
the program is not permitted. Taping for delayed transmis-
sions during the preceding 6 months in the form of an
sion is permissible only for some (not all) cable systems
electronic payment or a certified check, cashier’s check,
located outside the 48 contiguous States; and, even in
or money order payable to Register of Copyrights.
these exceptional cases, there are further limitations and
conditions that the cable system must meet.
Why Having a Statutory License Is Important
Most television and radio broadcasts contain copyrighted • FCC Violations. The broadcast signals that a cable system
material. Without a statutory license, a cable system would can carry under a statutory license are limited to those that
either have to negotiate licenses for all copyrighted pro- it is permitted to carry under FCC rules, regulations, and
gramming it transmits or run the risk of substantial civil (or, authorizations. If signal carriage is in violation of FCC
in some cases, criminal) liability for multiple acts of copy- requirements, the cable system may be subject under the
right infringement. Copyright Act to a separate action for copyright infringe-
ment for each unauthorized retransmission.
Who Can Utilize the Statutory License • Foreign Signals. In general, the copyright law does not
Under the statute and Copyright Office Regulations, re- permit a cable system to retransmit signals of foreign
transmissions are subject to statutory licensing only if they television and radio stations under a statutory license.
are made by “cable systems”. The only exceptions have to do with the signals of certain
“Cable system”: A “cable system” is defined as “a facility, Mexican and Canadian stations. Unless foreign signals
located in any State, Territory, Trust Territory, or Possession, fall within these exceptions, their carriage would not be
that in whole or in part receives signals transmitted or authorized under a statutory license, even if permissible
programs broadcast by one or more television broadcast under FCC rules.
stations licensed by the Federal Communications Commis- • Program Alteration or Commercial Substitution. Cable
sion, and makes secondary transmissions of such signals or systems are not permitted to alter the content of retrans-
programs by wires, cables, microwave, or other communica- mitted programs, or to change, delete, or substitute com-
tions channels to subscribing members of the public who pay mercials or station announcements in or adjacent to
for such service.” A system that meets this definition is programs being carried. There is only one exception:
considered a “cable system” for copyright purposes, even if under certain circumstances, substitutions involving “com-
the FCC excludes it from being considered a “cable system” mercial advertising market research” may be permitted.
because of the number or nature of its subscribers or the
nature of its secondary transmissions.
GENERAL INSTRUCTIONS, FORM SA1-2, PAGE (iii).

Accounting Periods A cable system is required to deposit its semiannual


The statute establishes two 6-month accounting periods for royalty fee with the Copyright Office at the time it files each
purposes of computing the royalty fee and reporting the in- Statement of Account. Where the royalty is made by elec-
formation called for in the Statement of Account. The first tronic payment, the related Statement of Account must be
semiannual period runs from January through June, and the filed by the appropriate deadline accompanied with a cover
second from July through December, of each calendar year. letter (see Circular 74).The Copyright Office transfers these
You must use these accounting periods whether or not they fees into a special fund, which is later distributed to copyright
coincide with the beginning or ending of your cable system’s owners as payment for the use of their works by cable
fiscal year. systems.

Filing Dates PURPOSES OF THE STATEMENT OF ACCOUNT


Cable systems are given 60 days after the close of each
accounting period in which to file their Statements of Account The law requires a cable system to file Statements of
and royalty fees. The following are the two filing dates you Account for two purposes:
must observe each year:
• To show the basis for the semiannual royalty fee the cable
• For the January–June accounting period: File between
system owes under its statutory license; and
July 1 and August 29, inclusive;
• For the July–December accounting period: File between • To give the information needed to allocate royalty fees
January 1 and March 1, inclusive. among copyright owners.
*Note: If August 29 or March 1 falls on a weekend or Fed- Thus, some of the information you give on your Statement
eral holiday, statements of account and royalty fees may be of Account has nothing to do with computing your “gross
made on the next succeeding business day. receipts” or deciding the amount of your royalty fee. Never-
theless, you are required to give the additional information in
Statements of Account and royalty fees received before order to provide the basis for the second phase of the
the end of the accounting period will not be accepted. State- statutory license: the distribution of fees to copyright owners.
ments and fees received after the August 29 or March 1
deadlines will be accepted for whatever legal effect they may
have, if any. The Copyright Office takes no position as to what
this effect will be, and a cable system that files late runs a
substantial risk.

Refunds
Refund requests must be received within 60 days after the
close of the filing period (by April 30 or October 28). Also,
refund requests for late and amended payments must be
SOME POINTS TO REMEMBER
received before the expiration of 60 days from the date of
ABOUT STATUTORY LICENSES:
receipt at the Copyright Office of the royalty payment that is
• As long as a cable system keeps its statutory license
the subject of the request. The Debt Collection Improvement
in force by complying with the requirements of the
Act of 1996 requires that refunds be made through Electronic
new copyright law, it is not obliged to negotiate
Funds Transfer (EFT). Note: Late payments are subject to in-
individual copyright licenses for retransmission of
terest assessment. See page (vi) of the General Instructions.
television and radio broadcasts.
Contact the Licensing Division for additional information.
• The following are among the various ways a cable
system can lose its statutory license: by failing to file
How Royalty Fees Are Handled
the Statements of Account or royalty fees; by taping
For purposes of computing the semiannual royalty fee a cable
for delayed retransmission; by carrying signals in
system must pay, the statute creates three brackets, depend-
violation of FCC requirements; by carriage of certain
ing upon the system’s gross receipts from subscribers for
foreign stations; and by altering programs or substi-
secondary transmissions during the accounting period:
tuting commercials.
• Without a statutory license, a cable system can be
1 Gross receipts of $137,100 or less: royalty fee of $52;
sued by a copyright owner for the full range of civil
2 Gross receipts of more than $137,100 and less than remedies for copyright infringement, including in-
$527,600: royalty fee determined by a formula based on junctions, actual damages and profits, or statutory
percentage of gross receipts; damages (of up to $150,000 in cases of willful
infringement). The statute also provides for criminal
3 Gross receipts of $527,600 or more: royalty fee de-
penalties in cases of willful infringements for com-
termined by a formula based on percentage of gross
mercial purposes.
receipts and on the number of distant stations carried by
the system.
GENERAL INSTRUCTIONS, FORM SA1-2, PAGE (iv).

only of any programs it originally transmits but also of all


WHAT FACTS THE STATEMENT OF ACCOUNT the programming it receives from its “parent” station and
SHOULD COVER retransmits. Thus, if your cable system carried signals
emanating from a translator station, you must list the
All of the information you give in a Statement of Account must translator station in space G. And, if your system sepa-
be an accurate presentation of the facts existing during the rately carried signals from both a translator station and its
accounting period covered by that Statement (or, in certain “parent” station, both the translator and the parent station
cases, on the last day of that period). should be identified.
• Spaces D, G, H, and I: List all areas served, stations
carried, and certain substitute programs carried at any • Type of Translator Station. For any translator station
time during the accounting period. listed in space G, the “type of station” indicated in column
3 should be that of the parent station.
• Spaces K and M: You should report the total of “gross
receipts” attributable to the particular accounting period in Definitions of Types of Stations: Under the Copyright Act,
space K. The figures requested in space M should be the the terms used in connection with column 3 of space G mean
appropriate totals of channels for the entire period. the following:
• Space J: This space (part-time carriage log) has been • Network station: “a television broadcast station that is
deleted. owned or operated by, or affiliated with, one or more of the
• Spaces B, C, E, and F: Even if items of information television networks in the United States providing nation-
concerning the owner, system, subscribers, or rates have wide transmissions, and that transmits a substantial part
changed during the accounting period, your Statement of of the programming supplied by such networks for a
Account does not need to reflect the change. Give only the substantial part of the station’s typical broadcast day.”
facts existing on the last day of the accounting period. If • Independent station: a commercial television broadcast
there were different owners during the accounting period, station other than a network station. For purposes of
only the owner on the last day of the accounting period determining a station’s type value this category includes
should submit a single statement of account and royalty all specialty, Canadian and Mexican stations.
fee payment covering the entire accounting period.
• Noncommercial educational station: a television sta-
tion that either: (1) is licensed by the FCC as a noncom-
SPACE G (Primary Transmitters: Television) mercial educational broadcast station and is owned and
operated by a public agency or nonprofit private founda-
Stations Actually Carried. Make sure that space G lists all tion, corporation, or association; or (2) is owned and
the television stations your system actually carried at any operated by a municipality and transmits only noncom-
time during the accounting period (except as explained in mercial programs for educational purposes.
space G of the Form). Do not list stations that were not in fact
carried during that period, even if the FCC has authorized
their carriage, and even if they were carried during earlier SPACE H (Primary Transmitters: Radio)
accounting periods.
All-Band Carriage. If your system carried FM radio stations
Low Power Television Stations on an all-band basis, you are not required to list every station
• The Copyright Act in section 111(f) delineates the local that subscribers might possibly have received during the
status of a low power television station as follows: “In the accounting period. Instead, Copyright Office Regulations
case of a low power television station, as defined by the require you to monitor your FM transmission service at your
rules and regulations of the Federal Communications system’s headend from time to time during the accounting
Commission, the ‘local service area of a primary transmit- period and to report the “generally receivable” FM stations
ter’ comprises the area within 35 miles of the transmitter identified as a result of your monitoring.
site, except that in the case of such a station located in a
standard metropolitan statistical area which has one of Stations “Generally Receivable.” There are two stan-
the 50 largest populations of all standard metropolitan dards for determining whether an FM station is “generally
statistical areas (based on the 1980 decennial census of receivable”:
population taken by the Secretary of Commerce), the 1 Is the station usually carried whenever it is received at
number of miles shall be 20 miles.” This means that a low your system’s headend; and
power television station carried by a cable system within
an area as defined above will be considered “local”. 2 Can the station be expected to be received at the head-
end, with your system’s FM antenna, “at least 3 consecu-
Translator Stations tive hours each day at the same time each day, 5 or more
• Translator Stations Must Be Listed. For Copyright days a week, for four or more weeks during any
purposes, a translator station is a “primary transmitter” not
GENERAL INSTRUCTIONS, FORM SA1-2, PAGE (v)

calendar quarter, with a strength of not less than fifty • Where FCC rules and regulations in effect on the date of
microvolts per meter measured at the foot of the tower or carriage require the deletion of certain programming of
pole to which the antenna is attached”? one station and permit substitution of programming from
another distant station. That is, if a cable system is
The monitoring arrangements you set up should be aimed required to delete a station because of the FCC sports
at determining what stations can reasonably be expected to exclusivity rules.
meet these standards.
• Where the FCC rules, regulations and authorizations in
effect on October 19, 1976, permit a cable system at its
Monitoring Activities. It is not necessary to monitor con-
option, to delete programming, and authorize the system
tinuously throughout the accounting period, and you are not
to substitute programming from another distant station.
required to make precise measurements to determine which
That is, if the cable system elects to delete a distant station
stations in fact meet the technical standards and which do
while that station is broadcasting a program primarily of
not. Your monitoring activities should take place periodically
local interest to the distant community, for copyright pur-
at your headend during the accounting period and you
poses former FCC rules sections 76.61(b) (2) and 76.63
should use a good FM receiver.
(incorporating 76.61(b) (2)) continue to authorize the
station to substitute the programming of any other distant
SPACE I (Substitute Carriage: Special Statement
station.
and Program Log)
NOTES:
Substitute Programs Must Be Logged and Reported. 1) The provisions of the Copyright Act dealing with voluntary
The Copyright Act requires all cable systems to submit, with deletion and substitution of programs are limited to pro-
their Statement of Account, “logs showing the times, dates, grams substituted under FCC rules, regulations, and
stations, and programs” involved in “any nonnetwork televi- authorizations in effect on October 19, 1976.
sion programming that was carried in whole or in part beyond 2) Effective January 1, 1990, the FCC amended Parts 73
the local service area of the primary transmitter, under rules, and 76 of its rules relating to program exclusivity in the
regulations, or authorizations of the Federal Communica- cable and broadcast industries.
tions Commission permitting the substitution or addition of
signals under certain circumstances.” The applicable pres- SPACE K (Gross Receipts)
ent and former rules and regulations are identified in item 3
which follows. What Are “Gross Receipts”? The “gross receipts” you enter
in space K are the receipts for the “basic service of providing
What Programs Must Be Listed. You must list a program in secondary transmissions of primary broadcast transmitters.”
space I if all three of the following conditions apply: They include the full amount of monthly (or other peri-
odic) service fees for any and all services or tiers of
1 The program is a “nonnetwork television program.” A
services which include one or more secondary transmis-
“nonnetwork television program” is a program that was not
sions of television or radio broadcast signals, for addi-
being broadcast by a station as part of a network televi-
tional set fees, and for converter fees. All such gross
sion broadcast at the time the cable system carried it.
receipts shall be aggregated and the royalty fee calculations
2 The program is picked up from a “distant station.” A shall be made against the aggregated amount. Gross re-
“distant station” is a television station carried by a cable ceipts for secondary transmission services do not include
system in whole or in part beyond that station’s “local installation (including connection, relocation, disconnection
service area.” A television station’s “local service area” is or reconnection) fees, separate charges for security, alarm or
the area within which the station “is entitled to insist upon facsimile services, charges for late payments, or charges for
its signal being retransmitted by a cable system pursuant pay cable or other program origination services: Provided
to rules, regulations, and authorizations of the Federal that, the origination services are not offered in combination
Communications Commission in effect on April 15, 1976. with secondary transmission service for a single fee.
Effective on July 1, 1994, a station’s “local service area”
also includes the station’s television market as defined in “SATELLITE CARRIER”
section 76.55(e) of title 47, Code of Federal Regulations GROSS RECEIPTS EXCLUSION
(as in effect on September 18, 1993), or any modifications
to such television market made, on or after September 18, • The “Satellite Home Viewer Act of 1988,” Public Law
1993, pursuant to section 76.55(e) or 76.59 of title 47 of 100-667, as amended by Public Law 103-369, Public
the Code of Federal Regulations. Law 106-113, and Public Law 108-447 establishes a
statutory license for certain secondary transmissions
3 The program was carried by the cable system in
made by satellite carriers to satellite “dish” owners. Satel-
substitution for another program under FCC rules,
lite carriers are subject to copyright liability for their use of
regulations, or authorizations:
copyrighted material when they make secondary
GENERAL INSTRUCTIONS, FORM SA1-2, PAGE (vi)

“transmissions” (retransmissions of television broadcasts) Cash Basis: If your revenue accounts are kept on a cash
to satellite dish owners and they make a direct or indirect basis, your “gross receipts” are all amounts actually received
charge for that service. Satellite carrier retransmissions of during the accounting period for “secondary transmission
the copyrighted programming embodied in the signals of service.”
superstations or network stations are eligible under an
operational system of statutory licensing, that is estab- Space L (Copyright Royalty Fee)
lished in section 119 of the Copyright Act.
Statutory Formulas for Computing the Royalty Fee
• A “satellite carrier” is defined in the Satellite Home
Viewer Extension and Reauthorization Act of 2004 as “an For cable systems whose semiannual “gross receipts” are
entity that uses the facilities of a satellite or satellite under $527,600, the method of calculating the royalty fee
service licensed by the Federal Communications Com- depends on the amount of “gross receipts” reported in space K.
mission, and operates in the Fixed-Satellite Service under “Gross Receipts” of $137,100 or less: If the figure you give
part 25 of title 47 of the Code of Federal Regulations or the in space K is $137,100 or less, your royalty fee has been
Direct Broadcast Satellite Service under part 100 of title calculated for you in accordance with the formula set out in
47 of the Code of Federal Regulations, to establish and section 111(d)(2)(C) of the Copyright Act as adjusted. The
operate a channel of communications for point-to-multipoint amount is $52. Do not use blocks 2 and 3.
distribution of television station signals, and that owns or
leases a capacity or service on a satellite in order to “Gross Receipts” of more than $137,100 but less than or
provide such point-to-multipoint distribution, except to the equal to $263,800: If the figure you give in space K is more
extent that such entity provide such distribution pursuant than $137,100 but less than or equal to $263,800, your
to tariff under the Communications Act of 1934, other than royalty fee must be calculated in accordance with the formula
for private home viewing pursuant to Section 119.” set out in section 111(d)(2)(C) of the Copyright Act, as
adjusted. Follow the step-by-step calculations in block 2 of
• As provided in the Satellite Home Viewer Act [amend- space L. Do not use blocks 1 and 3.
ment of section 111(d)(1)(A)], any amounts collected by
a cable system/distributor from subscribers should be “Gross Receipts” of more than $263,800 but less than
excluded from the cable system’s determination of gross $527,600: If your “gross receipts” figure in space K is more
receipts received for the basic service of providing sec- than $263,800 but less than $527,600, you must use the
ondary transmissions of primary broadcast transmitters formula set out in section 111(d)(2)(D) of the Act, as ad-
pursuant to the cable statutory license, section 111 (c) justed. Follow the step-by-step calculations in block 3 of
to (f). This provision contemplates the situation where space L. Do not use blocks 1 and 2.
the same entity may be offering both satellites and cable
distribution of secondary transmissions of primary broad- Interest Charges for Underpayments
cast transmitters. and Late Payments
• If a cable system offers both satellite and cable services
to satellite dish owners, then it may exclude those amounts Underpayments or late payments received after the filing
attributed to the satellite service under section 119 of the deadline shall be subject to an interest assessment. Cable
Act. Such a system should declare on page 8, the amount systems must calculate their own interest charge. (A work-
of “gross receipts” that are excluded for this service, and sheet is provided at space Q, page 8.) The interest rate set
list the name and address of each satellite carrier in which for a specific accounting period is the U.S. Treasury Current
the system has contracted as a distributor or agent to Value of Funds Rate in effect on the first business day after
market the carrier’s retransmissions service. The system the close of the filing deadline for that accounting period.
should also maintain separate records of the subscriber Cable systems may obtain the interest rate for the applicable
fees received for satellite carrier retransmissions. accounting period(s) by contacting the Licensing Division at
(202) 707-8150.
Accrual Basis: If your revenue accounts are kept on an For underpayments and late payments the interest shall
accrual basis, the figure you give in space K should be begin to accrue on the first day after the close of the filing date
the total of all gross receipts for “secondary transmission for that accounting period. For a late payment the accrual
service” accrued for the accounting period. Subtract bad period ends on the date that the Statement of Account and
debts actually written off during the period, and add previ- proper form of payment are received in the Copyright Office.
ously written-off debts that were actually recovered during For underpayments the accrual period ends on the date
the period. (However, do not make adjustments for bad debts appearing on the certified check, cashier’s check, money
for “secondary transmission service” furnished before Janu- order, or electronic payment, provided that the remittance is
ary 1, 1978.) received in the Copyright Office within five business days of
that date. Note: The Office shall not require, nor notify a cable
system of, an interest charge of $5.00 or less.
w
Important Notice to All Cable Operators

Please note that the Copyright Office is amending Section 201.17 of Title 37 of the
Code of Federal Regulations to require that a legible copy of the semi-annual
Statement of Account be submitted together with the original Statement of Account
to the Licensing Division of the Copyright Office, effective July 1, 2005. (See Federal
Register, May 26, 2005, 70 fr 30366.)

sl-34: 05⁄2005 — ••• U.S. Copyright Office · Library of Congress · 101 Independence Ave, SE · Washington, DC 20557-6400 · www.copyright.gov

w
Important Notice to All Cable Operators

Please note that the Copyright Office is amending Section 201.17 of Title 37 of the
Code of Federal Regulations to require that a legible copy of the semi-annual
Statement of Account be submitted together with the original Statement of Account
to the Licensing Division of the Copyright Office, effective July 1, 2005. (See Federal
Register, May 26, 2005, 70 fr 30366.)

sl-34: 05⁄2005 — ••• U.S. Copyright Office · Library of Congress · 101 Independence Ave, SE · Washington, DC 20557-6400 · www.copyright.gov

w
Important Notice to All Cable Operators

Please note that the Copyright Office is amending Section 201.17 of Title 37 of the
Code of Federal Regulations to require that a legible copy of the semi-annual
Statement of Account be submitted together with the original Statement of Account
to the Licensing Division of the Copyright Office, effective July 1, 2005. (See Federal
Register, May 26, 2005, 70 fr 30366.)

sl-34: 05⁄2005 — ••• U.S. Copyright Office · Library of Congress · 101 Independence Ave, SE · Washington, DC 20557-6400 · www.copyright.gov
Short Form SA1-2

For accounting periods


beginning January 1, 1990, and ending June 30, 2000.
SPECIAL NOTICE
ABOUT THIS STATEMENT OF ACCOUNT
Royalty Fee Payments via Electronic Funds Transfer

The Licensing Division offers two electronic methods by which you can make copyright compulsory license
royalty fee payments by using either the Automated Clearing House (ACH) network or the Fedwire Deposit
System. Detailed instructions are contained in Circular 74.

The use of EFT has many benefits including: 1) Allows you to keep funds longer and receive a refund quicker,
2) Eliminates lost or stolen checks, 3) Allows for tracing of payments, 4) Reduces operating costs, and 5) Reduces
paper handling.

Contact the Licensing Division for copies of Circular 74, which is also available on the Internet at
"http://lcweb.loc.gov/copyright/circs/circ74"

Refunds

The Debt Collection Improvement Act of 1996 (Public Law 104-134) requires Federal agencies to make individual
and corporate payments through Electronic Funds Transfer (EFT). An EFT Information Sheet must be
completed in order to receive a refund along with compliance with refund regulations. Contact the Licensing
Division for copies of the EFT Information Sheet.
REMINDERS

Ownership Changes

If there were different owners during the accounting period, only the owner on the last day of the accounting
period should submit a single statement of account and royalty fee payment covering the entire accounting
period.

Filing Period
Statements of account and royalty fee payments are due within 60 days after the close of the accounting period.
For the January-June accounting period, file between July 1 and August 29, inclusive. For the July-December
accounting period, file between January 1 and March 1, inclusive. When the last day of the filing period falls
on a weekend or Federal holiday, the filing may be made on the next succeeding business day.
Library of Congress
Copyright Office
Licensing Division
101 Independence Ave., S.E.
Washington, D.C. 20557-6400
Tel: (202) 707-8150; Fax: (202) 707-0905
THIS FORM IS EFFECTIVE FOR ACCOUNTING PERIODS BEGINNING JANUARY 1, 1990.
If you are filing for a prior accounting period, contact the Licensing Division for the correct form.

STATEMENT OF ACCOUNT FOR COPYRIGHT OFFICE USE ONLY SA1-2


for Secondary Transmissions by DATE RECEIVED AMOUNT
Short Form
Return to:
Cable Systems (Short Form) $ LIBRARY OF CONGRESS
COPYRIGHT OFFICE
LICENSING DIVISION
General Instructions are at the 101 INDEPENDENCE AVE., S.E.
ALLOCATION NUMBER
end of this form [pages (i)-(vi)]. WASHINGTON, DC 20557-6400
(202) 707-8150

[Deliveries to LM-458]
8:30 to 5:00

ACCOUNTING PERIOD COVERED BY THIS STATEMENT: (Check one of the boxes and fill in the year date.)
A
Accounting l January1 - June 30 . . . . . . . . . . l July 1 - December 31 . . . . . . . . .
Period (Year) (Year)

INSTRUCTIONS:
B Give the full legal name of the owner of the cable system in Line 1. If the owner is a subsidiary of another corporation, give the full
corporate title of the subsidiary, not that of the parent corpration.
Owner In Line 2, list any other names under which the owner conducts the business of the cable system.

l Check here if this is the system’s first filing. If not, enter the system’s ID number assigned by the Licensing Division. __________

LEGAL NAME OF OWNER OF CABLE SYSTEM


1

BUSINESS NAME(S) OF OWNER OF CABLE SYSTEM (IF DIFFERENT):


2

MAILING ADDRESS OF OWNER OF CABLE SYSTEM:


3
...............................................................................................................
(Number, Street, Rural Route, Apartment or Suite Number)

...............................................................................................................
(City, Town, State, ZIP Code)

INSTRUCTIONS: In line 1, give any business or trade names used to identify the business and operation of the system unless these
C names already appear in space B. In line 2, give the mailing address of the system, if different from the address given in space B.
System
IDENTIFICATION OF CABLE SYSTEM:
1
MAILING ADDRESS OF CABLE SYSTEM:

...............................................................................................................
2 (Number, Street, Rural Route, Apartment or Suite Number)

...............................................................................................................
(City, Town, State, ZIP Code)

INSTRUCTIONS: List each separate community served by the cable system. A "community" is the same as a "community unit" as defined
in FCC rules: ". . . a separate and distinct community or municipal entity (including unincorporated communities within unincorporated
D areas and including single, discrete unincorporated areas.") 47 C.F.R. §76.5(mm). The first community that you list will serve as a
Area form of system identification hereafter known as the "First Community." Please use it as the First Community on all future
filings.
Served Note: Entities and properties such as hotels, apartments, condominiums or mobile home parks should be reported in parentheses below the identified
city.
CITY OR TOWN STATE CITY OR TOWN STATE

First ....................................................................................................................
Community
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1998—10,000
FORM SA1-2. PAGE 2.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

SECONDARY TRANSMISSION SERVICE: SUBSCRIBERS AND RATES


In General: The information in space E should cover all categories of "secondary transmission service" of the cable
system: that is, the retransmission of television and radio broadcasts by your system to subscribers. Give information E
about other services (including pay cable) in space F, not here. All the facts you state must be those existing on the last
day of the accounting period (June 30 or December 31, as the case may be). Secondary
Number of Subscribers: Both blocks in space E call for the number of subscribers to the cable system, broken down transmission
by categories of secondary transmission service. In general, you can compute the number of "subscribers" in each Service:
category by counting the number of billings in that category (the number of persons or organizations charged separately Subscribers
for the particular service at the rate indicated—not the number of sets receiving service). and Rates
Rate: Give the standard rate charged for each category of service. Include both the amount of the charge and the
unit in which it is generally billed. (Example: "$8/mth"). Summarize any standard rate variations within a particular rate
category, but do not include discounts allowed for advance payment.
Block 1: In the left-hand block in space E, the form lists the categories of secondary transmission service that cable
systems most commonly provide to their subscribers. Give the number of subscribers and rate for each listed category
that applies to your system. Note: Where an individual or organization is receiving service that falls under different
categories, that person or entity should be counted as a "subscriber" in each applicable category. Example: a residential
subscriber who pays extra for cable service to additional sets would be included in the count under "Service to the First
Set," and would be counted once again under "Service to Additional Set(s)."
Block 2: If your cable system has rate categories for secondary transmission service that are different from those
printed in block 1, (for example, tiers of services which include one or more secondary transmissions), list them, together
with the number of subscribers and rates, in the right-hand block. A two or three word description of the service is sufficient.

BLOCK 1 BLOCK 2
NO. OF NO. OF
CATEGORY OF SERVICE SUBSCRIBERS RATE CATEGORY OF SERVICE SUBSCRIBERS RATE

Residential:
• Service to First Set . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Service to Additional Set(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• FM Radio (if separate rate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Motel, Hotel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Converter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Residential. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Non-Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SERVICES OTHER THAN SECONDARY TRANSMISSIONS: RATES


In General: Space F calls for rate (not subscriber) information with respect to all your cable system's services that F
were not covered in space E. That is, those services that are not offered in combination with any secondary transmission
service for a single fee. There are two exceptions: you do not need to give rate information concerning: (1) services Services
furnished at cost; and (2) services or facilities furnished to nonsubscribers. Rate information should include both the Other Than
amount of the charge and the unit in which it is usually billed. If any rates are charged on a variable per-program basis, Secondary
enter only the letters"PP" in the rate column. Transmissions:
Block 1: Give the standard rate charged by the cable system for each of the applicable services listed. Rates
Block 2: List any services that your cable system furnished or offered during the accounting period that were not listed
in block 1 and for which a separate charge was made or established. List these other services in the form of a brief (two
or three word) description, and include the rate for each.

BLOCK 1 BLOCK 2
CATEGORY OF SERVICE RATE CATEGORY OF SERVICE RATE CATEGORY OF SERVICE RATE
Continuing Services: Installation: Non-Residential
• Pay Cable . . . . . . . . . . . . . . . . . . . . . . . . . • Motel, Hotel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Pay Cable—Add'l Channel . . . . . . . . . • Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Fire Protection . . . . . . . . . . . . . . . . . . . . . • Pay Cable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
•Burglar Protection . . . . . . . . . . . . . . . . . . • Pay Cable—Add'l Channel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Installation: Residential • Fire Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• First Set . . . . . . . . . . . . . . . . . . . . . . . . . . . • Burglar Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Additional Set(s) . . . . . . . . . . . . . . . . . . . . Other Services:
• FM Radio (if separate rate) . . . . . . . . . • Reconnect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Converter. . . . . . . . . . . . . . . . . . . . . . . . . . . • Disconnect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Outlet Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Move to New Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FORM SA1-2. PAGE 3.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

INSTRUCTIONS:
G General: In space G, identify every television station (including translator stations and low power television stations)
carried by your cable system during the accounting period, except: (1) stations carried only on a part-time basis under
FCC rules and regulations in effect on June 24, 1981 permitting the carriage of certain network programs [sections
Primary
76.59(d)(2) and (4), 76.61(e)(2) and (4) or 76.63 (referring to 76.61(e)(2) and (4))]; and (2) certain stations carried on a
Transmitters: substitute program basis, as explained in the next paragraph.
Television Substitute Basis Stations: With respect to any distant stations carried by your cable system on a substitute program
basis under specific FCC rules, regulations, or authorizations:
• Do not list the station here in space G—but do list it in space I (the Special Statement Program Log)—if the station
was carried only on a substitute basis.
• List the station here, and also in space I, if the station was carried both on a substitute basis and also on some other
basis. For futher information concerning substitute basis stations, see page (v) of the General Instructions.
Column 1: List each station's call sign. Do not report program services such as HBO, ESPN, etc.
Column 2: Give the number of the channel on which the station's broadcasts are carried in its own community. This
may be different from the channel on which your cable system carried the station.
Column 3: Indicate in each case whether the station is a network station, an independent station, or a noncommercial
educational station, by entering the letter "N" (for network), "I" (for independent) or "E" (for noncommercial educational).
For the meaning of these terms, see page (iv) of the General Instructions.
Column 4: Give the location of each station. For U.S. stations, list the community to which the station is licensed by
the FCC. For Mexican or Canadian stations, if any, give the name of the community with which the station is identified.

1. CALL 2. B'CAST 3. TYPE 4. LOCATION OF STATION


SIGN CHANNEL OF
NUMBER STATION

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FORM SA1-2. PAGE 4.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

PRIMARY TRANSMITTERS: RADIO


In General: List every radio station carried on a separate and discrete basis and list those FM stations carried on an
all-band basis whose signals were "generally receivable" by your cable system during the accounting period.
H
Special Instructions Concerning All-Band FM Carriage: Under Copyright Office Regulations, an FM signal is Primary
"generally receivable" if: (1) "it is carried by the system whenever it is received at the system's headend"; and (2) it can Transmitters:
be expected, on the basis of monitoring, to be received at the headend, with the system's FM antenna, during certain Radio
stated intervals. For detailed information about the the Copyright Office Regulations on this point, see page (iv) of the
General Instructions.
Column 1: Identify the call sign of each station carried.
Column 2: State whether the station is AM or FM.
Column 3: If the radio station's signal was electronically processed by the cable system as a separate and discrete
signal, indicate this by placing a check mark in the "S/D" column.
Column 4: Give the station's location (the community to which the station is licensed by the FCC or, in the case of
Mexican or Canadian stations, if any, the community with which the station is identified).

CALL SIGN AM or FM S/D LOCATION OF STATION CALL SIGN AM or FM S/D LOCATION OF STATION

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FORM SA1-2. PAGE 5.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

GENERAL:
I In space I, identify every nonnetwork television program, broadcast by a distant station, that your cable system
carried on a substitute basis during the accounting period, under specific present and former FCC rules, regulations,
Substitute
or authorizations. For a further explanation of the programming that must be included in this log, see page (v) of the General
Carriage:
Instructions.
Special
Statement and
1. SPECIAL STATEMENT CONCERNING SUBSTITUTE CARRIAGE:
Program Log
• During the accounting period, did your cable system carry, on a substitute basis, any nonnetwork television program
broadcast by a distant station? ■ Yes ■ No
Note: If your answer is "No", leave the rest of this page blank. If your answer is "Yes", you must complete the program
log in block 2.

2. LOG OF SUBSTITUTE PROGRAMS:


In General: List each substitute program on a separate line. Use abbreviations wherever possible, if their meaning
is clear. If you need more space, please attach additional pages.
Column 1: Give the title of every nonnetwork television program ("substitute program") that, during the accounting
period, was broadcast by a distant station and that your cable system substituted for the programming of another station
under certain FCC rules, regulations, or authorizations. See page (v) of the General Instructions for further information.
Do not use general categories like "movies" or "basketball." List specific program titles, for example, "I Love Lucy" or "NBA
Basketball: 76ers vs. Bulls".
Column 2: If the program was broadcast live, enter "Yes". Otherwise enter "No".
Column 3: Give the call sign of the station broadcasting the substitute program.
Column 4: Give the broadcast station's location (the community to which the station is licensed by the FCC or, in
the case of Mexican or Canadian stations, if any, the community with which the station is identified).
Column 5: Give the month and day when your system carried the substitute program. Use numerals, with the month
first. Example: for May 7 give "5/7".
Column 6: State the times when the substitute program was carried by your cable system. List the times accurately
to the nearest five minutes. Example: a program carried by a system from 6:01:15 p.m. to 6:28:30 p.m. should be stated
as "6:00—6:30 p.m."
Column 7: Enter the letter "R" if the listed program was substituted for programming that your system was required
to delete under FCC rules and regulations in effect during the accounting period; or enter the letter "P" if the listed program
was substituted for programming that your system was permitted to delete under FCC rules and regulations in effect on
October 19, 1976.

WHEN SUBSTITUTE
SUBSTITUTE PROGRAM
CARRIAGE OCCURRED 7. REASON
FOR
2. LIVE? 3. STATION'S 5. MONTH 6. TIMES DELETION
1. TITLE OF PROGRAM
Yes or No CALL SIGN 4. STATION'S LOCATION AND DAY FROM — TO


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FORM SA1-2. PAGE 6.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

GROSS RECEIPTS
Instructions: The figure you give in this space determines the form you file and the amount you pay. Enter the total K
of all amounts ("gross receipts") paid to your cable system by subscribers for the system's "secondary transmission
service" (as identified in space E) during the accounting period. For a further explanation of how to compute this amount, Gross Receipts
see page (v) of the General Instructions.
• Gross receipts from subscribers for secondary transmission service(s)
during the accounting period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $. . . . . . . . . . . . . . . . . . . . . . .


IMPORTANT: You must complete a statement in space P concerning gross receipts. (Amount of "gross receipts")

INSTRUCTIONS FOR COMPUTING THE COPYRIGHT ROYALTY FEE


To compute the royalty fee you owe:
L
• Complete either block 1, block 2 or block 3
• Use block 1 if the amount of "gross receipts" in space K is $75,800 or less Copyright
• Use block 2 if the amount of "gross receipts" in space K is more than $75,800 but less than or equal to $146,000 Royalty Fee
• Use block 3 if the amount of "gross receipts" in space K is more than $146,000 but less than $292,000
See page (vi) of the General Instructions for more Information.
BLOCK 1: "GROSS RECEIPTS" OF $75,800 OR LESS
INSTRUCTIONS: As a cable system with "gross receipts" of $75,800 or less, the royalty fee that you must pay for this six-month
accounting period is $28.00
Line 1. Royalty Fee for Accounting Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28.00

Line 2. Interest Charge. Enter the amount from line 4, space Q, page 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$

Line 3. TOTAL ROYALTY FEE PAYABLE FOR ACCOUNTING PERIOD. Add lines 1 and 2 . . . . . . . . . . . .$. . . . . . . . . . . . . . . . . . . . . .

BLOCK 2: "GROSS RECEIPTS" OF $146,000 OR LESS (but more than $75,800)

1. Base amount under statutory formula . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $146,000


2. Enter amount of "gross receipts" from space K . . . . . . . . . . . . . . . . . . . . . . . . .


3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


4. Enter the amount of "gross receipts" from space K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


5. Enter the amount from line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


6. Subtract line 5 from line 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


7. Multiply line 6 by .005 (enter figure here) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $


8. Interest Charge. Enter the amount from line 4, space Q, page 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $


9. TOTAL ROYALTY FEE PAYABLE FOR ACCOUNTING PERIOD. Add lines 7 and 8 . . . . . . . . . . . . . . . $. . . . . . . . . . . . . . . . . . . . . . .

BLOCK 3: "GROSS RECEIPTS" OF MORE THAN $146,000 (but less than $292,000)

1. Enter the amount of "gross receipts" from space K . . . . . . . . . . . . . . . . . . . . . . $


2. Base amount under statutory formula . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $146,000


3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


4. Multiply line 3 by .01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


5. Royalty due on the first $146,000 of gross receipts (under statutory formula) . . . . . . . . . $730

6. Interest Charge. Enter the amount from line 4, space Q, page 8 . . . . . . . . . . . . . . . . . . . . $


7. TOTAL ROYALTY FEE PAYABLE FOR ACCOUNTING PERIOD. Add lines 4, 5, and 6 . . . . . . . . . . . . .$. . . . . . . . . . . . . . . . . . . . . . .

IMPORTANT: When you file your Statement of Account on this form, SA1-2, you must also enclose with it the royalty fee you have
computed in block 1, block 2, or block 3, above. Your remittance must be in the form of an electronic payment, certified check, cashier's
check, or money order, payable to: Register of Copyrights. Other forms of remittance, including personal or company checks will be
returned. Do not send cash. We recommend electronic payments.
FORM SA1-2. PAGE 7.

LEGAL NAME OF OWNER OF CABLE SYSTEM:


Name

M CHANNELS
INSTRUCTIONS: You must give: (1) the number of channels on which the cable system carried television broadcast
stations to its subscribers; and, (2) the cable system's total number of activated channels, during the accounting period.
Channels

1. Enter the total number of channels on which the cable


system carried television broadcast stations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Enter the total number of activated


channels on which the cable system carried television broadcast stations
and nonbroadcast services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

INDIVIDUAL TO BE CONTACTED IF FURTHER INFORMATION IS NEEDED: (Identify an individual to whom


N we can write or call about this Statement of Account.)

Contact Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Telephone . . . . . . . . . . . . . . . . . . . . . . . . . .


(Area Code)

Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Number, Street, Rural Route, Apartment or Suite Number)

....................................................................................................................
(City, Town, State, ZIP Code)

O CERTIFICATION: (This Statement of Account must be certified and signed in accordance with Copyright Office
Regulations, as explained in the General Instructions.)
Certification
• I, the undersigned, hereby certify that: (Check one, but only one, of the boxes.)

■ (Owner other than corporation or partnership) I am the owner of the cable system as identified in line 1 of space
B; or

■ (Agent of owner other than corporation or partnership) I am the duly authorized agent of the owner of the
cable system as identified in line 1 of space B, and that the owner is not a corporation or partnership; or

■ (Officer or partner) I am an officer (if a corporation) or a partner (if a partnership) of the legal entity identified as
owner of the cable system in line 1 of space B.
• I have examined the Statement of Account and hereby declare under penalty of law that all statements of fact
contained herein are true, complete, and correct to the best of my knowledge, information, and belief, and are made in
good faith. [18 U.S.C., Section 1001(1986)]

☛ Handwritten signature: (X) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Typed or printed name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Title: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Title of official position held in corporation or partnership)

Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PRIVACY ACT ADVISORY STATEMENT—Required by Privacy Act of 1974 (Public Law 93-579)

Authority for Requesting This Information: ● You may be liable for civil or criminal ● Examination of the Statement of Account Note:
● Title 17, U.S.C. §111 penalties for copyright infringement with for compliance with legal requirement ● No other advisory statement will be given
respect to retransmission of television you in connection with this Statement of
Furnishing This Information is: and radio stations (17 U.S.C. §§502-506, Other Routine Uses: Account
● Voluntary 509-510) ● Public inspection and copying ● Please retain a copy of this statement and
● Preparation of public indexes refer to it if we communicate with you
But If the Information is Not Furnished: Principal Uses of Requested Information: ● Preparation of search reports upon regarding this Statement of Account
● It may be necessary to delay placement of ● Establishment and maintenance of a pub- request
this Statement of Account in the com- lic record.
pleted record of Statements of Account.
FORM SA1-2. PAGE 8.
LEGAL NAME OF OWNER OF CABLE SYSTEM:
Name

SPECIAL STATEMENT CONCERNING GROSS RECEIPTS EXCLUSION


The Satellite Home Viewer Act of 1988 amended Title 17, section 111(d)(1)(A), of the Copyright Act by adding the following
P
sentence:
"In determining the total number of subscribers and the gross amounts paid to the cable system for the basic service Statement of
of providing secondary transmissions of primary broadcast transmitters, the system shall not include subscribers Gross Receipts
and amounts collected from subscribers receiving secondary transmissions for private home viewing pursuant to
section 119."

For more information on when to exclude these amounts, see the note on page (v) of the General Instructions.

During the accounting period did the cable system exclude any amounts of gross receipts for secondary transmissions
made by satellite carriers to satellite home "dish" owners?
■ NO
■ YES. Enter the total here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
and list the satellite carrier(s)
. . . .below.
..

Name...................................................... Name.....................................................
...............................................
Mailing Address ..............................................
Mailing Address

........................................................... .........................................................
........................................................... ..........................................................

Name...................................................... Name

...............................................
Mailing Address ..............................................
Mailing Address

.......................................................... ..........................................................
.......................................................... ..........................................................

WORKSHEET FOR COMPUTING INTEREST


Q
You must complete this worksheet for those royalty payments submitted as a result of a late payment or underpayment.
For an explanation of interest assessment, see page (vi) General Instructions. Interest
Assessment

Line 1. Enter the amount of late payment or underpayment . . . . . . . . . . . . . . . . . . . . . . . . $

x %

Line 2. Multiply line 1 by the interest rate* and enter the sum here .................

x days

Line 3. Multiply line 2 by the number of days late . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


x .00274

Line 4, Multiply line 3 by .00274** and enter here and in space L (page 6) Block 1,
line 2, or Block 2, line 8, or Block 3, line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$
(interest charge)

*Contact the Licensing Division at 202-707-8150 for the interest rate for the accounting period in which the late payment
or underpayment occurred.

**This is the decimal equivalent of 1/365, which is the interest assessment for one day late.

NOTE: If you are filing this worksheet covering a Statement of Account already submitted to the Copyright Office, please
list below the Owner, Address, First Community Served, and Accounting Period as given in the original filing.

Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
....................................................................................................................
First Community Served . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounting Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IF YOU ARE FILING FOR A PRIOR ACCOUNTING PERIOD,
CONTACT THE LICENSING DIVISION FOR THE CORRECT FORM.

USE THIS FORM WHEN:


● You are the owner (or represent the owner) of a cable system; and
● You are filing the semiannual Statement of Account required by the copyright law; and
● Your system’s semiannual “gross receipts for secondary transmissions” (the figure you give in space K of the form) is
less than $292,000; and
● You are also depositing the required semiannual royalty fee with the Licensing Division of the Copyright Office.
IF YOUR FIGURE FOR SEMIANNUAL “GROSS RECEIPTS” IN SPACE K IS $292,000 OR MORE,
USE SA3 (LONG FORM)

GENERAL INSTRUCTIONS FOR SA1-2 (SHORT FORM)


CABLE SYSTEMS HOW TO FILE THE STATEMENT OF ACCOUNT
AND THE COPYRIGHT LAW (P.L. 94-553) AND ROYALTY FEE

First: Study the general information on these pages and


Cable systems are subject to copyright liability for their use read through the detailed instructions in the State-
of copyrighted material in “secondary transmissions” (the ment of Account form itself. Before you start com-
retransmission of television and radio broadcasts to sub- pleting the form, make sure that you have collected
scribers). Cable retransmissions of copyrighted program- all of the necessary information and that you are
ming are subject to a system of “compulsory licensing.” using the right form.
Among other things this means that twice a year the owner Second: Fill out the Statement of Account form, giving all of
of a cable system must send a Statement of Account, the required information about your cable system
together with a royalty fee, to the Licensing Division of the and about the television and radio stations carried
Copyright Office. by it. Use a typewriter, or print the information in
dark ink.
“Primary Transmissions” Third: Certify the Statement of Account by signing at
and “Secondary Transmissions” space O. The Statement of Account is not accept-
able unless it bears the original handwritten signa-
In providing copyright liability for cable systems, the law ture of one of the persons indicated in space O as
draws a distinction between “primary transmissions” and authorized to certify it under Copyright Office Regu-
“secondary transmissions”: lations.
● “Primary Transmissions”: These include broadcasts Fourth: Make an electronic payment (see Note below) or
by radio and television stations to the public that are obtain a certified check, cashier’s check or
retransmitted by cable systems to their subscribers. money order in the amount you have calculated in
space L, to cover the copyright royalty fee. Pay-
● “Secondary Transmissions”: This is the basic service of
ment in any other form (such as personal or com-
retransmitting television and radio broadcasts to sub-
pany checks) will be returned. The remittance
scribers. The statute requires all U.S. cable systems,
should be payable to: Register of Copyrights. Do
regardless of how many subscribers they have or whether
not send cash. We recommend electronic pay-
they are carrying any distant signals, to pay some copy-
ments.
right royalties. However, instead of obliging cable sys-
Fifth: Send the completed Statement of Account, to-
tems to bargain individually for each copyrighted program
they retransmit, the law offers them the opportunity of gether with the copyright royalty fee, to:
obtaining a “compulsory license” for secondary transmis- Library of Congress
sions. Copyright Office
Licensing Division
101 Independence Ave., S.E.
Note: “Secondary Transmissions” do not include trans- Washington, D.C. 20557-6400
missions originated by a cable system (including local Deliveries to LM-458, 8:30 a.m. to 5:00 p.m.
origination cablecasting, pay cable, program services, Sixth: The Copyright Office will retain your Statement of
background music services, and originations on leased Account and make it a part of our public records.
or access channels). Cable systems must negotiate for You should, therefore, keep a copy of the entire
the use of any copyrighted material in the programming Statement, as filed, in case you need it for future
they originate, and their originations are not subject to reference.
compulsory licensing. Note: For detailed instructions concerning electronic pay-
ments, contact the Licensing Division for Circular 74, which
is also available via the Internet at the following addresses:
World Wide Web: (www) http://lcweb.loc.gov/copyright;
Telnet: locis.loc.gov.
GENERAL INSTRUCTIONS, FORM SA1-2, PAGE (ii).

“Individual” cable system: An “individual” cable sys-


HOW THE “COMPULSORY LICENSE” WORKS tem is defined generally as “each cable system
recognized as a distinct entity under the rules, regula-
In general, having a compulsory license means that a tions, and practices of the Federal Communications
cable system can retransmit broadcast programming with- Commission....” In addition, two or more cable facilities
out violating the copyright law, as long as it complies with are considered as one “individual” cable system if
certain paperwork requirements and, twice a year, deposits either: (A) the facilities are in contiguous communities
a royalty fee with the Copyright Office. and are under common ownership or control; or (B) the
● The cable system can, without negotiated licenses or facilities operate from one headend. Thus, even if they
advance permission from copyright owners, retransmit are owned by different entities, two cable facilities will
signals of any U.S. television or radio stations that it is be considered as one “individual” cable system if they
authorized to carry under FCC rules, regulations, or share a common headend.
authorizations (plus Mexican or Canadian stations in
certain cases); and
● The cable system must file Statements of Account with
the Copyright Office and must also deposit a semiannual WHAT A COMPULSORY LICENSE
royalty. The amount of the royalty, which is established DOES NOT PERMIT YOU TO DO
under a statutory formula, depends on the total of the
system’s gross receipts for secondary transmission serv- The statutory authority given to cable systems to retrans-
ice. mit television and radio broadcasts under a compulsory
● Every 6 months the cable system must send the Copy- license is limited in several ways:
right Office a Statement of Account on this form, SA1-2 ● Originations. To repeat: a cable system’s compulsory
(Short Form), or on SA3 (Long Form) (if the “gross license extends only to secondary transmissions (re-
receipts” are $292,000 or more). transmissions). It does not permit the system to make any
● Each semiannual Statement of Account must be accom- originations of copyrighted material without a negotiated
panied by the deposit of a royalty fee covering retrans- license covering that material.
missions during the preceding 6 months in the form of ● Nonsimultaneous Retransmissions. In general, to be
a certified check, cashier’s check, or money order subject to compulsory licensing under the copyright law,
payable to: Register of Copyrights; or electronic pay- a cable retransmission must be simultaneous with the
ment. broadcast being carried. As a rule, taping or other record-
ing of the program is not permitted. Taping for delayed
Why Having a Compulsory License Is Important transmission is permissible only for some (not all) cable
Most television and radio broadcasts contain copy- systems located outside the 48 contiguous States; and,
righted material. Without a compulsory license, a cable even in these exceptional cases, there are further limita-
system would either have to negotiate licenses for all tions and conditions that the cable system must meet.
copyrighted programming it transmits or run the risk of ● FCC Violations. The broadcast signals that a cable
substantial civil (or, in some cases, criminal) liability for system can carry under a compulsory license are limited
multiple acts of copyright infringement. to those that it is permitted to carry under FCC rules,
regulations, and authorizations. If signal carriage is in
Who Can Obtain a Compulsory License violation of FCC requirements, the cable system may be
Under the statute and Copyright Office Regulations, subject under the Copyright Act to a separate action for
retransmissions are subject to compulsory licensing only copyright infringement for each unauthorized retransmis-
if they are made by “cable systems”. sion.
“Cable system”: A “cable system” is defined as “a ● Foreign Signals. In general, the copyright law does not
facility, located in any State, Territory, Trust Terri- permit a cable system to retransmit signals of foreign
tory, or Possession, that in whole or in part receives television and radio stations under a compulsory license.
signals transmitted or programs broadcast by one or The only exceptions have to do with the signals of certain
more television broadcast stations licensed by the Mexican and Canadian stations. Unless foreign signals
Federal Communications Commission, and makes fall within these exceptions, their carriage would not be
secondary transmissions of such signals or programs authorized under a compulsory license, even if permis-
by wires, cables, microwave, or other communica- sible under FCC rules.
tions channels to subscribing members of the public ● Program Alteration or Commercial Substitution. Cable
who pay for such service.” A system that meets this systems are not permitted to alter the content of retrans-
definition is considered a “cable system” for copy- mitted programs, or to change, delete, or substitute com-
right purposes, even if the FCC excludes it from mercials or station announcements in or adjacent to
being considered a “cable system” because of the programs being carried. There is only one exception:
number or nature of its subscribers or the nature of under certain circumstances, substitutions involving “com-
its secondary transmissions. mercial advertising market research” may be permitted.
GENERAL INSTRUCTIONS, FORM SA1-2, PAGE (iii).

Accounting Periods A cable system is required to deposit its semiannual


The statute establishes two 6-month accounting periods royalty fee with the Copyright Office at the time it files each
for purposes of computing the royalty fee and reporting the Statement of Account. Where the royalty is made by elec-
information called for in the Statement of Account. The first tronic payment, the related Statement of Account must be
semiannual period runs from January through June, and the filed by the appropriate deadline accompanied with a cover
second from July through December, of each calendar year. letter.The Copyright Office transfers these fees into a special
You must use these accounting periods whether or not they fund, which is later distributed to copyright owners as pay-
coincide with the beginning or ending of your cable system’s ment for the use of their works by cable systems.
fiscal year.
PURPOSES OF THE STATEMENT OF ACCOUNT
Filing Dates
Cable systems are given 60 days after the close of each The law requires a cable system to file Statements of
accounting period in which to file their Statements of Account Account for two purposes:
and royalty fees. The following are the two filing dates you
must observe each year: ● To show the basis for the semiannual royalty fee the cable
● For the January-June accounting period: File between system owes under its compulsory license; and
July 1 and August 29, inclusive; ● To give the information needed to allocate royalty fees
● For the July-December accounting period: File between among copyright owners.
January 1 and March 1, inclusive.
*Note: If August 29 or March 1 falls on a weekend or Federal Thus, some of the information you give on your Statement
holiday, statements of account and royalty fees may be of Account has nothing to do with computing your “gross
made on the next succeeding business day. receipts” or deciding the amount of your royalty fee. Never-
theless, you are required to give the additional information in
Statements of Account and royalty fees received before order to provide the basis for the second phase of the
the end of the accounting period will not be accepted. compulsory license: the distribution of fees to copyright
Statements and fees received after the August 29 or March owners.
1 deadlines will be accepted for whatever legal effect they
may have, if any. The Copyright Office takes no position as
to what this effect will be, and a cable system that files late
runs a substantial risk.

Refunds
Refund requests must be received within 60 days after the
close of the filing period (by April 30 or October 28). Also,
refund requests for late and amended payments must be
received before the expiration of 60 days from the date of SOME POINTS TO REMEMBER
receipt at the Copyright Office of the royalty payment that is ABOUT COMPULSORY LICENSES:
the subject of the request. The Debt Collection Improvement ● As long as a cable system keeps its compulsory
Act of 1996 requires that refunds be made through Electronic license in force by complying with the requirements
Funds Transfer (EFT). Note: Late payments are subject to of the new copyright law, it is not obliged to negotiate
interest assessment. See page (vi) of the General Instruc- individual copyright licenses for retransmission of
tions. Contact the Licensing Division for additional informa- television and radio broadcasts.
tion. ● The following are among the various ways a cable
system can lose its compulsory license: by failing to
How Royalty Fees Are Handled file the Statements of Account or royalty fees; by
For purposes of computing the semiannual royalty fee a taping for delayed retransmission; by carrying sig-
cable system must pay, the statute creates three brackets, nals in violation of FCC requirements; by carriage of
depending upon the system’s gross receipts from subscribers certain foreign stations; and by altering programs or
for secondary transmissions during the accounting period: substituting commercials.
● Without a compulsory license, a cable system can
1. Gross receipts of $75,800 or less: royalty fee of $28; be sued by a copyright owner for the full range of
2. Gross receipts of more than $75,800 and less than civil remedies for copyright infringement, including
$292,000: royalty fee determined by a formula based on injunctions, actual damages and profits, or statutory
percentage of gross receipts; damages (of up to $100,000 in cases of willful
infringement). The statute also provides for criminal
3. Gross receipts of $292,000 or more: royalty fee de- penalties in cases of willful infringements for com-
termined by a formula based on percentage of gross mercial purposes.
receipts and on the number of distant stations carried by
the system.
GENERAL INSTRUCTIONS, FORM SA1-2, PAGE (iv).

only of any programs it originally transmits but also of all


WHAT FACTS THE STATEMENT OF ACCOUNT the programming it receives from its “parent” station and
SHOULD COVER retransmits. Thus, if your cable system carried signals
emanating from a translator station, you must list the
All of the information you give in a Statement of Account translator station in space G. And, if your system sepa-
must be an accurate presentation of the facts existing during rately carried signals from both a translator station and its
the accounting period covered by that Statement (or, in “parent” station, both the translator and the parent station
certain cases, on the last day of that period). should be identified.
● Spaces D, G, H, and I: List all areas served, stations
carried, and certain substitute programs carried at any ● Type of Translator Station. For any translator station
time during the accounting period. listed in space G, the “type of station” indicated in column
3 should be that of the parent station.
● Spaces K and M: You should report the total of “gross
receipts” attributable to the particular accounting period Definitions of Types of Stations: Under the Copyright Act,
in space K. The figures requested in space M should be the terms used in connection with column 3 of space G
the appropriate totals of channels for the entire period. mean the following:
● Space J: This space (part-time carriage log) has been
deleted. ● Network station: “a television broadcast station that
is owned or operated by, or affiliated with, one or more
● Spaces B, C, E, and F: Even if items of information of the television networks in the United States provid-
concerning the owner, system, subscribers, or rates have ing nationwide transmissions, and that transmits a
changed during the accounting period, your Statement of substantial part of the programming supplied by such
Account does not need to reflect the change. Give only the networks for a substantial part of the station’s typical
facts existing on the last day of the accounting period. If broadcast day."
there were different owners during the accounting period, ● Independent station: a commercial television broad-
only the owner on the last day of the accounting period cast station other than a network station. For purposes
should submit a single statement of account and royalty of determining a station’s type value this category
fee payment covering the entire accounting period. includes all specialty, Canadian and Mexican stations.
● Noncommercial educational station: a television
station that either: (1) is licensed by the FCC as a
SPACE G (Primary Transmitters: Television) noncommercial educational broadcast station and is
owned and operated by a public agency or nonprofit
Stations Actually Carried. Make sure that space G lists all private foundation, corporation, or association; or (2) is
the television stations your system actually carried at any owned and operated by a municipality and transmits
time during the accounting period (except as explained in only noncommercial programs for educational pur-
space G of the Form). Do not list stations that were not in poses.
fact carried during that period, even if the FCC has
authorized their carriage, and even if they were carried
during earlier accounting periods. SPACE H (Primary Transmitters: Radio)
Low Power Television Stations All-Band Carriage. If your system carried FM radio stations
● The Copyright Act in section 111(f) delineates the local
on an all-band basis, you are not required to list every
status of a low power television station as follows: “In the station that subscribers might possibly have received
case of a low power television station, as defined by the during the accounting period. Instead, Copyright Office
rules and regulations of the Federal Communications Regulations require you to monitor your FM transmission
Commission, the ‘local service area of a primary transmit- service at your system’s headend from time to time during
ter’ comprises the area within 35 miles of the transmitter the accounting period and to report the “generally receiv-
site, except that in the case of such a station located in a able” FM stations identified as a result of your monitoring.
standard metropolitan statistical area which has one of
the 50 largest populations of all standard metropolitan Stations “Generally Receivable.” There are two stan-
statistical areas (based on the 1980 decennial census of dards for determining whether an FM station is “generally
population taken by the Secretary of Commerce), the receivable”:
number of miles shall be 20 miles.” This means that a low
power television station carried by a cable system within 1. Is the station usually carried whenever it is received at
an area as defined above will be considered “local”. your system’s headend; and
2. Can the station be expected to be received at the
Translator Stations headend, with your system’s FM antenna, “at least
● Translator Stations Must Be Listed. For Copyright
three consecutive hours each day at the same time
purposes, a translator station is a “primary transmitter” not each day, five or more days a week, for four or more
GENERAL INSTRUCTIONS, FORM SA1-2, PAGE (v).

weeks during any calendar quarter, with a strength of


● Where FCC rules and regulations in effect on the date
not less than fifty microvolts per meter measured at the
of carriage require the deletion of certain programming
foot of the tower or pole to which the antenna is
of one station and permit substitution of programming
attached”?
from another distant station. That is, if a cable system
is required to delete a station because of the FCC
The monitoring arrangements you set up should be aimed
sports exclusivity rules.
at determining what stations can reasonably be expected to
meet these standards. ● Where the FCC rules, regulations and authorizations in
effect on October 19, 1976, permit a cable system at its
Monitoring Activities. It is not necessary to monitor con- option, to delete programming, and authorize the sys-
tinuously throughout the accounting period, and you are tem to substitute programming from another distant
not required to make precise measurements to determine station. That is, if the cable system elects to delete a
which stations in fact meet the technical standards and distant station while that station is broadcasting a
which do not. Your monitoring activities should take place program primarily of local interest to the distant com-
periodically at your headend during the accounting period munity, for copyright purposes former FCC rules sec-
and you should use a good FM receiver. tions 76.61(b) (2) and 76.63 (incorporating 76.61(b)
(2)) continue to authorize the station to substitute the
SPACE I (Substitute Carriage: Special Statement programming of any other distant station.
and Program Log)
NOTES:
1) The provisions of the Copyright Act dealing with voluntary
Substitute Programs Must Be Logged and Reported. deletion and substitution of programs are limited to pro-
The Copyright Act requires all cable systems to submit,
grams substituted under FCC rules, regulations, and
with their Statement of Account, “logs showing the times,
authorizations in effect on October 19, 1976.
dates, stations, and programs” involved in “any nonnet-
2) Effective January 1, 1990, the FCC amended Parts 73
work television programming that was carried in whole or
and 76 of its rules relating to program exclusivity in the
in part beyond the local service area of the primary
cable and broadcast industries.
transmitter, under rules, regulations, or authorizations of
the Federal Communications Commission permitting the
SPACE K (Gross Receipts)
substitution or addition of signals under certain circum-
stances.” The applicable present and former rules and
What Are “Gross Receipts.” The “gross receipts” you enter
regulations are identified in item 3 which follows.
in space K are the receipts for the “basic service of
providing secondary transmissions of primary broadcast
What Programs Must Be Listed. You must list a program transmitters.” They include the full amount of monthly
in space I if all three of the following conditions apply:
(or other periodic) service fees for any and all serv-
1. The program is a “nonnetwork television pro- ices or tiers of services which include one or more
gram.” A “nonnetwork television program” is a pro- secondary transmissions of television or radio broad-
gram that was not being broadcast by a station as part cast signals, for additional set fees, and for converter
of a network television broadcast at the time the cable fees. All such gross receipts shall be aggregated and the
system carried it. royalty fee calculations shall be made against the aggre-
gated amount. Gross receipts for secondary transmission
2. The program is picked up from a “distant station.”
services do not include installation (including connection,
A “distant station” is a television station carried by a
relocation, disconnection or reconnection) fees, separate
cable system in whole or in part beyond that station’s
charges for security, alarm or facsimile services, charges
“local service area.” A television station’s “local service
for late payments, or charges for pay cable or other
area” is the area within which the station “is entitled to
program origination services: Provided that, the origina-
insist upon its signal being retransmitted by a cable
tion services are not offered in combination with secon-
system pursuant to rules, regulations, and authoriza-
dary transmission service for a single fee.
tions of the Federal Communications Commission in
effect on April 15, 1976. Effective on July 1, 1994, a
“SATELLITE CARRIER”
station’s “local service area” also includes the station’s
GROSS RECEIPTS EXCLUSION
television market as defined in section 76.55(e) of title
47, Code of Federal Regulations (as in effect on
● The “Satellite Home Viewer Act of 1988,” Public Law
September 18, 1993), or any modifications to such
100-667, as amended by the “Satellite Home Viewer
television market made, on or after September 18,
Act of 1994,” Public Law 103-369, establishes a statu-
1993, pursuant to section 76.55(e) or 76.59 of title 47
tory license for certain secondary transmissions made
of the Code of Federal Regulations.
by satellite carriers to satellite “dish” owners for
3. The program was carried by the cable system in private home viewing. Satellite carriers are subject to
substitution for another program under FCC rules,
regulations, or authorizations:
GENERAL INSTRUCTIONS, FORM SA1-2, PAGE (vi)

copyright liability for their use of copyrighted material Cash Basis: If your revenue accounts are kept on a cash
when they make secondary “transmissions” (retransmis- basis, your “gross receipts” are all amounts actually
sions of television broadcasts) to satellite dish owners received during the accounting period for “secondary
and they make a direct or indirect charge for that service. transmission service.”
Satellite carrier retransmissions of the copyrighted pro-
gramming embodied in the signals of superstations or Space L (Copyright Royalty Fee)
network stations are eligible under an operational system
of statutory licensing, that is established in section 119 of Statutory Formulas for Computing the Royalty Fee:
the Copyright Act. For cable systems whose semiannual “gross receipts” are
under $292,000, the method of calculating the royalty fee
● A “satellite carrier” is defined in the Satellite Home
depends on the amount of “gross receipts” reported in
Viewer Act of 1994 as “an entity that uses the facilities of
space K.
a satellite or satellite service licensed by the Federal
Communications Commission, and operates in the “Gross Receipts” of $75,800 or less: If the figure you
Fixed-Satellite Service under part 25 of title 47 of the give in space K is $75,800 or less, your royalty fee has
Code of Federal Regulations or the Direct Broadcast been calculated for you in accordance with the formula set
Satellite Service under part 100 of title 47 of the Code of out in section 111(d)(2)(C) of the Copyright Act as ad-
Federal Regulations, to establish and operate a channel justed. The amount is $28. Do not use blocks 2 and 3.
of communications for point-to-multipoint distribution of
“Gross Receipts” of more than $75,800 but less than
television station signals, and that owns or leases a
or equal to $146,000: If the figure you give in space K is
capacity or service on a satellite in order to provide such
more than $75,800 but less than or equal to $146,000,
point-to-multipoint distribution, except to the extent that
your royalty fee must be calculated in accordance with the
such entity provide such distribution pursuant to tariff
formula set out in section 111(d)(2)(C) of the Copyright
under the Communications Act of 1934, other than for
Act, as adjusted. Follow the step-by-step calculations in
private home viewing."
block 2 of space L. Do not use blocks 1 and 3.
● As provided in the Satellite Home Viewer Act [amendment
“Gross Receipts” of more than $146,000 but less than
of section 111(d)(1)(A)], any amounts collected by a cable
$292,000: If your “gross receipts” figure in space K is
system/distributor from subscribers should be excluded
more than $146,000 but less than $292,000, you must
from the cable system’s determination of gross receipts
use the formula set out in section 111(d)(2)(D) of the Act,
received for the basic service of providing secondary
as adjusted. Follow the step-by-step calculations in block
transmissions of primary broadcast transmitters pursu-
3 of space L. Do not use blocks 1 and 2.
ant to the cable compulsory license, section 111 (c) to
(f). This provision contemplates the situation where the
Interest Charges For Underpayments
same entity may be offering both satellites and cable
and Late Payments
distribution of secondary transmissions of primary broad-
cast transmitters.
Underpayments or late payments received after the filing
● If a cable system offers both satellite and cable services deadline shall be subject to an interest assessment. Cable
to satellite dish owners, then it may exclude those systems must calculate their own interest charge. (A work-
amounts attributed to the satellite service under section sheet is provided at space Q, page 8.) The interest rate set
119 of the Act. Such a system should declare on page 8, for a specific accounting period is the U.S. Treasury Current
the amount of “gross receipts” that are excluded for this Value of Funds Rate in effect on the first business day after
service, and list the name and address of each satellite the close of the filing deadline for that accounting period.
carrier in which the system has contracted as a distribu- Cable systems may obtain the interest rate for the applicable
tor or agent to market the carrier’s retransmissions accounting period(s) by contacting the Licensing Division
service. The system should also maintain separate 202-707-8150.
records of the subscriber fees received for satellite For underpayments and late payments the interest shall
carrier retransmissions. begin to accrue on the first day after the close of the filing date
for that accounting period. For a late payment the accrual
Accrual Basis: If your revenue accounts are kept on an period ends on the date that the Statement of Account and
accrual basis, the figure you give in space K should proper form of payment are received in the Copyright Office.
be the total of all gross receipts for “secondary transmis- For underpayments the accrual period ends on the date
sion service” accrued for the accounting period. Subtract appearing on the certified check, cashier’s check, money
bad debts actually written off during the period, and add order, or electronic payment, provided that the remittance is
previously written-off debts that were actually recovered received in the Copyright Office within five business days of
during the period. (However, do not make adjustments for that date. Note: The Office shall not require, nor notify a
bad debts for “secondary transmission service” furnished cable system of, an interest charge of $5.00 or less.
before January 1, 1978.)
74 United States Copyright Office

Circular
ELECTRONIC ROYALTY PAYMENTS

Cable systems, satellite carriers, and digital audio record- How to Make
ing technology (“DART”) manufacturers and importers un-
der the copyright compulsory license can make their royalty
fee payments by using either the Automated Clearing
House (ACH) network through the Remittance Express Compulsory
program or the United States Treasury Fedwire Deposit
System. Under these electronic deposit systems, the Li-
censing Division can receive royalty payment deposits origi-
nating from operators’ commercial banks. License

Procedure for an Electronic Payment Via ACH


Royalty
● Contact your financial institution to determine if it is capa-
ble of originating ACH payments. (If not, encourage the
institution to obtain the capability.) Many financial institu-
tions offer personal computer based ACH origination Payments Via
programs that allow you to input payment information
directly into the prescribed format and to transmit the
information to the financial institution.
Electronic
● Do not send a prenotification.

● Settlement of the ACH must occur by the appropriate


deadline. Settlement generally occurs the business day Transfer of
after the ACH transmission. Check with your financial
institution on timing to avoid interest payments.

● Use the CCD format. Funds


● Provide your financial institution with the specific instruc-
tions below so that the ACH can be transmitted:

Financial Institution: Federal Reserve Bank of


Richmond
Location: 701 E. Byrd Street
Richmond, VA 23219
Receiving ABA Number: 051036706
Account Number: 303017
Account Name: Register of Copyrights
Payment-Related Instructions: See “Payment-Related
Instructions”
Procedure for an Electronic Payment Via Fedwire NOTE: All subfields in the payment related information area
Contact your financial institution to dxetermine if it must end with a “/”. The remitter should inform the financial
can transfer funds via the Fedwire Deposit System. institution that transmits the ACH to use care and ensure that
Provide the bank with the specific instructions below so all information is provided in the prescribed format. Failure to
that a Funds Transfer Deposit Message can be transmit- provide the information in the prescribed format may cause
ted to the De-partment of the Treasury: a delay of the transfer.

Receiver ABA No.: 021030004


Receiver Name: TREAS NYC HOW TO FILE THE STATEMENT OF ACCOUNT
Beneficiary Account: 00007985
Beneficiary Name: Register of Copyrights ● Where the royalty fee is remitted by electronic payment, the
Originator to related Statement(s) of Account must be filed by the appro-
Beneficiary Info.: See “Payment Related priate deadline.
Instructions”
● A cover letter must accompany the Statements of Ac-
count indicating:
PAYMENT-RELATED INSTRUCTIONS
1.The royalty fee payment will be made via electronic funds
The accounting period, number of Statements of transfer;
Account, type of royalty payment (cable, satellite, or 2.The amount of the electronic funds transfer;
DART), and legal name of the owner of the cable system 3.The date the electronic funds transfer is to be made;
(and first community served), satellite carrier, or the 4.The accounting period covered by the electronic pay-
DART manufacturer or importer covered by the electronic ment. If the payment covers more than one period,
transfer must be provided here. indicate the accounting period for each statement; and
5.Cable operators must identify each statement by “com-
Example: APC-952/NSA-00001/TOF-C/LNR-ABC munity served” and amount of royalty fee allocated to
CABLE CO (ALBANY NY)/ each statement.

A description of subfields and their order for payment- If additional information is needed concerning royalty
related information follows: payments via electronic transfer, you may contact a
Financial Specialist at:
Subfield Description
APC- Is a 3-digit subfield indicating the accounting Library of Congress
period covered by the electronic transfer. The Copyright Office
second accounting period for 1995 is indicated Licensing Division, LM–458
by “952”. If the payment covers multiple ac- 101 Independence Avenue, S.E.
counting periods use “MAP” as the subfield Washington, D.C. 20557-6400
and indicate on the cover letter the accounting
period for each statement. Tele: (202) 707-8150
NSA- Is a 5-digit subfield with leading zeros repre- Fax: (202) 707-0905
senting the number of statements of account Internet (www): http://lcweb.loc.gov/copyright
the transfer covers, 00001 for 1 statement and
00095 for 95 statements.
TOF- Indicates the type of royalty fee, C for cable
royalty fees, S for satellite royalty fees, and D
for DART royalty fees.
LNR- The last subfield is for the legal name of the
owner of the cable system or satellite carrier or
the DART manufacturer or importer covered by
the electronic transfer payment and one “com-
munity served” if a cable system.

Library of Congress • Copyright Office • Licensing Division • 101 Independence Avenue, S.E. • Washington, D.C. 20557-6400
http://www.loc.gov/copyright
July 1997—5,000 PRINTED ON RECYCLED PAPER ✩U.S. GOVERNMENT PRINTING OFFICE: 1997–417-751/60,003
WEB REV: September 1998

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