The satellite carrier compulsory license establishes a statutory copyright licensing scheme for the distant retransmission of television programming by satellite carriers. 17 U.S.C. 119. Congress created the license in 1988 and reauthorized the license for additional five-year periods until 2019 when it made the license permanent.[]
On August 31, 2010, the Copyright Royalty Judges (Judges) adopted rates for the section 119 compulsory license for the 2010-2014 term.
See75 FR 53198. The rates were proposed by Copyright Owners and Satellite Carriers []
and were unopposed.
Id.
section 119(c)(2) of the Copyright Act provides that, effective January 1 of each year, the Judges shall adjust the royalty fee payable under section 119(b)(1)(B) “to reflect any changes occurring in the cost of living as determined by the most recent Consumer Price Index (for all consumers and for all items) [CPI-U] published by the Secretary of Labor before December 1 of the preceding year.” Section 119 also requires that “[n]otification of the adjusted fees shall be published in the
Federal Register
at least 25 days before January 1.” 17 U.S.C. 119(c)(2).
The change in the cost of living as determined by the CPI-U during the period from the most recent index published before December 1, 2022, to the most recent index published before December 1, 2023, is 3.2%.[]
Application of the 3.2% COLA to the current rate for the secondary transmission of broadcast stations by satellite carriers for private home viewing—34 cents per subscriber per month—results in a rate of 35 cents per subscriber per month (rounded to the nearest cent).
See37 CFR 386.2(b)(1). Application of the 3.2% COLA to the current rate for viewing in commercial establishments—70 cents per subscriber per month—results in a rate of 72 cents per subscriber per month (rounded to the nearest cent).
See37 CFR 386.2(b)(2).
1. The authority citation for part 386 continues to read as follows:
17 U.S.C. 119(c), 801(b)(1).
2. Section 386.2 is amended by adding paragraphs (b)(1)(xiv) and (b)(2)(xiv) to read as follows:
Royalty fee for secondary transmission by satellite carriers.
* * * * *
(b) * * *
(1) * * *
(xiv) 2024: 35 cents per subscriber per month.
(2) * * *
(xiv) 2024: 72 cents per subscriber per month.