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Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
A Complete Guide toCable Statements of Account
A Tutorial for Form SA 1-2
WELCOME
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
What is the statutory licensefor cable systems?
• The Section 111 license permits a cable operator to retransmit both local and distant
radio and television signals to its subscribers who pay a fee for such service.
• The purpose of Section 111 is to permit cable systems to carry distant broadcast
signals while compensating copyright owners for the public performance of their works,
without the transaction costs associated with marketplace negotiations for the carriage
of copyrighted programs.
• Section 111 allows cable operators to complement the carriage of local broadcast
signals with distant signal programming that is generally unavailable in local markets.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
What are the conditions for using the statutory license?
To be eligible to use the section 111 license, cable systems must
– file statement of account (SOA) forms with the Copyright Office and pay
royalty and filing fees every six months
– not add or delete any content carried on distant broadcast signals
– carry signals in compliance with the rules and regulations of the Federal
Communications Commission (FCC)
– retransmit content simultaneously with actual broadcasts
What is a cable system?
The Copyright Office defines an individual cable system as a cable system recognized
as a distinct entity under the rules, regulations, and practices of the FCC. In addition,
two or more cable facilities are considered as one individual cable system if
– the facilities are in contiguous communities and are under common
ownership or control; or
– the facilities operate from one headend. Thus, even if two cable facilities
are owned by different entities, they will be considered as one individual
cable system if they share a common headend.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Why file an SOA?
• Copyright law requires a cable system to file SOAs
– to show the criteria for the semiannual royalty and filing fees the cable
system owes under its statutory license; and
– to report the information needed to allocate royalty fees among copyright
owners.
• SOAs are official documents. Cable systems must certify that the information they
contain is true and accurate. Copyright licensing examiners cannot change or modify
an original SOA.
• All information in an SOA must accurately represent the facts as they existed during
the accounting period covered by the statement (or, in certain cases, on the last day
of that period).
Can SOAs be amended?
Subject to procedures and time limits set forth in the Code of Federal Regulations,
cable operators can file amendments to SOAs if
– any of the information given in an SOA was incorrect or incomplete; or
– the calculation of the royalty or filing fees payable for a particular accounting
period was incorrect, and the amount deposited with the Copyright Office for
that period was either too high or too low.
In such instances, corrections to SOAs will be placed on record, and supplemental
royalty fee payments will be received for deposit or refunds will be issued according to
Copyright Office regulations.
What does the licensing examiner do?
• The licensing examiner analyzes the SOA form to determine whether
– the SOA was prepared according to the rules and regulations of the
Copyright Office;
– the correct royalty and filing fees have been paid; and
– the statutory time limits for filing have been met.
• If an examiner discovers missing, unverifiable, or questionable information, or an
incorrectly calculated royalty, the examiner will call or write the cable system.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Carefully review and verify information before submitting the SOA form. Interest accrues on underpayments and late payments.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
If August 29 or March 1 falls on a weekend or a federal holiday, SOAs and royalty fees can be filed on the following business day.
When to file?
• Cable systems have 60 days after the close of each accounting period in which
to file SOAs and pay filing and royalty fees. Here are the two filing dates:
– 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.
• If you are filing for past accounting periods, please contact the
Licensing Division at (202) 707-8150 or [email protected]
Where to file?
You can mail or hand-carry your submission to room LM-401 at this address:
Library of Congress
James Madison Memorial Building
Copyright Office - LD
101 Independence Avenue SE
Washington, DC 20557-6400
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
For further information, call (202) 707-8150 or visit www.copyright.gov/mail.html.
How to complete the SA 1-2 form
• Use the SA 1-2 form when the cable television system’s semiannual gross receipts
are less than $527,600.
• A licensing examiner will verify all information.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Filing Fee
Effective January 1, 2014, pursuant to the Satellite Television Extension and Localism Act of 2010 (STELA), which granted authority to the Copyright Office to establish fees for the filing of statements of account (SOAs) under the section 111, 119, and 122 statutory licenses, the Office now assesses filing fees for ALL SOAs for current, past and future accounting periods. Licensing Division filing fees:
Cable SA-1: $15
Cable SA-2: $20
For details, see the Federal Register, November 29, 2013 (78 FR 71498). Please be advised that the filing fee is deducted before the royalty payment is credited; thus the omission of the appropriate filing fee will result in an underpayment of royalty fees. Please remit the royalty fee and filing fee in one EFT payment.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section A: Accounting period
Clearly designate the accounting period.
Make sure to indicate the correct accounting periodin this space.
All addresses must be completed.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section B: Owner
Give the full name and address of the legal owner.
Important: You must verify the identification of the cable system.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section C: System
Give any business name used to identify the business or operation of the system.
Important: You must verify the existence of communities and the spelling of community names.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section D: Area served
List the name of the community or communities served by the system.
Important: The number of subscribers and the rate must be listed in the appropriate columns.
Subscribers and rates
Section E: Secondary transmission service
Give the correct number of subscribers and charges per subscriber.
Add more servicesin block 2.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Rates
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section F: Services other than secondary transmissions
• List rates and describe each package of service that consists solely of services other
than secondary transmissions.
• Give rate (not subscriber) information for all cable system services not covered in
section E.
• Do not give rate information for
– services furnished at cost; or
– services or facilities furnished to nonsubscribers. Rate information should
include both the amount of the charge and the unit in which it is usually
billed. If any rates are charged on a variable per-program basis, enter only
the letters "PP” in the rate column.
Section F: continued
Important: Make sure the number of subscribersand the rate are listed in the appropriate columns.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Television
Section G: Primary transmitters
List all network, independent, and educational stations and multicast streams carried
by the cable system.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Check the call sign, channel number,type, and location of station.
Radio
Section H: Primary transmitters
Identify primary radio transmitters whose signals were carried by the cable system during the period.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Special statement and program log
Section I: Substitute carriage
Give the names and titles of the substitute or part-time carriage programs.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Columns 1–7 must be completed if you check “yes” to indicate thatthe cable system carried on a substitute basis any nonnetworktelevision program by a distant station.
Section K: Gross receipts
Check that the amount of gross receipts entered is less than $527,600.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section L: Copyright royalty and filing fees
Verify the
– royalty fee;
– filing fee;
– interest (if applicable); and
– total royalty payment.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section L: Block 1
Complete block 1 if gross receipts are $137,100 or less.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section L: Block 2
Complete block 2 if gross receipts are $263,800 or less (but more than $137,100).
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section L: Block 3
Complete block 3 if gross receipts are more than $263,800 (but less than $527,600).
Important: When you file your SOAs on form SA 1-2, you must also submit the royalty and required filing fees you have computed in block 1, 2, or 3 above. Your remittance must be in the form of an electronic payment payable to Register of Copyrights.
Section M: Channels
Important: Line 1 must not exceed line 2.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Represents the number of broadcast stations(network, independent, educational, etc.)
Represents total number of channels offered bythe cable system (including HBO, Showtime, etc.)
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section N: Contact
Give the name, address, and telephone number of a contact person.
For more efficient service, also give an email address for the contact person.
Section O: Certification
Provide identification and handwritten signature of the owner or owner’s agent of the
cable system along with the date.
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section O: continued
Don’t forget: • Stamped or photocopied signatures are not acceptable.• Filing fee is required as of January 1, 2014 (see slide 11).
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Section P: Statement of gross receipts
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Complete only if cable system excluded gross receipts for secondary transmissions made by satellite carriers to satellite dish owners.
Worksheet for computing interest
Section Q: Interest assessment
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Important: Identify the statement where interest should be applied.
Section Q: continued
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
Calculate interest for late payments and underpayments.
You have now completed the online cable SOA tutorial
Getting Started > Account Info > Revenues > Fees > Certification > Interest > Contact
• You can exit here or proceed to www.copyright.gov/licensing to access the online fill-in version of SOA 1-2.
• Remember to
– read all directions carefully before filling out the form;
– file an original and one copy of the completed SOA form;
– make your royalty and filing fee payments using www.pay.gov or other acceptable options. For details, see Circulars 74a, 74b, and 74c;
– visit http://www.copyright.gov/licensing/eftpayment.swf to take the pay.gov tutorial; and
– file your SOA on time.
• If you still have questions, contact the Licensing Division at [email protected] or (202) 707-8150.