Form SA-3 Revised; Gralin Forms Available Soon

Clarification for Reporting the Carriage of Distant Multicast Streams

In accordance with provisions set forth in the Satellite Television Extension and Localism Act of 2010 (“STELA”), the retransmission of distant multicast streams by cable television operators is not subject to the 3.75 percent fee or the syndicated exclusivity surcharge.

For purposes of reporting carriage of distant multicast streams, a new category “M” was included in Part 6, Block B, of the SA-3 to cover the 3.75 percent fee exemption for distant multicast streams. The SA-3 mailed to some cable operators in mid-December for the July 1-December 31, 2010 (2010/2) accounting period provided a description that incorrectly indicated that the “M” exemption applied only to grandfathered multicast streams, that is, multicasts that were the subject of a written agreement entered into on or before June 30, 2009, between a cable system and a primary transmitter, or an association representing either entity. However, the “M” designation applies to all retransmissions of distant multicasts, which are always exempt from the 3.75 percent fee. Therefore, the “M” description has been revised. Similarly, an instruction in Part 7, Block B, has been revised to clarify that only primary streams are subject to the syndicated exclusivity surcharge. The Office will not be mailing amended forms. The revised parts 6 and 7 are available at www.copyright.gov/forms/SA3c-2010.pdf.

Gralin Forms For those operators using the software filler version of the 2010/2 forms reproduced by Gralin Associates Inc., the Office anticipates approving these forms soon. This version should become available in early to mid-January 2011. Please call (202) 707-8150 or email licensing@loc.gov if you have any questions.