Statement of Account (United States)
This is a statement of account for licensing secondary television, radio, and cable systems. The form provided here is simply a sample of what the actual Form SA3 looks like.
THIS FORM IS EFFECTIVE FOR ACCOUNTING PERIODS BEGINNING JANUARY 1, 1998.
If you are filing for a prior accounting period, contact the Licensing Division for the correct form.
SA3
Long Form
Return to:
LIBRARY OF CONGRESS
COPYRIGHT OFFICE
LICENSING DIVISION
101 INDEPENDENCE AVE., S.E.
WASHINGTON, DC 20557-6400
(202) 707-8150
FOR COPYRIGHT OFFICE USE ONLY
DATE RECEIVED _______________________
AMOUNT $_______________________
ALLOCATION NUMBER _______________________
STATEMENT OF ACCOUNT
for Secondary Transmissions by Cable Systems (Long Form)
____ January 1 - June 30, ___________ (Year)
____ July 1 - December 31, __________ (Year)
A Accounting Period
ACCOUNTING PERIOD COVERED BY THIS STATEMENT: (Check one of the boxes and fill in the year date.)
B Owner
INSTRUCTIONS:
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 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 OF CABLE SYSTEM _______________________
2 BUSINESS NAME(S) OF OWNER OF CABLE SYSTEM (IF DIFFERENT): _______________________
3 MAILING ADDRESS OF OWNER OF CABLE SYSTEM:
_______________________ (Number, Street, Rural Route, Apartment or Suite Number)
_______________________ (City, Town, State, ZIP Code)
C System
INSTRUCTIONS: In line 1, give any business or trade names used to identify the business and operation of the system unless these 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.
1 IDENTIFICATION OF CABLE SYSTEM: _______________________
2 MAILING ADDRESS OF CABLE SYSTEM:
_______________________ (Number, Street, Rural Route, Apartment or Suite Number)
_______________________ (City, Town, State, ZIP Code)
D Area Served
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 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 of system identification hereafter known as the "First Community." Please use it as the First Community on all future filings.
Note: Entities and properties such as hotels, apartments, condominiums or mobile home parks should be reported in parentheses below the identified city.
First Community
CITY OR TOWN _______________________
STATE _______________________
CITY OR TOWN _______________________
STATE _______________________
Name
LEGAL NAME OF OWNER OF CABLE SYSTEM: _______________________
E Secondary transmission Service: Subscribers and Rates
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 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).
Number of Subscribers: Both blocks in space E call for the number of subscribers to the cable system, broken down by categories of secondary transmission service. In general, you can compute the number of "subscribers" in each category by counting the number of billings in that category (the number of persons or organizations charged separately 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
CATEGORY OF SERVICE
Residential:
• Service to First Set
NO. OF SUBSCRIBERS _______________________
RATE _______________________
• Service to Additional Set(s)
NO. OF SUBSCRIBERS _______________________
RATE _______________________
• FM Radio (if separate rate)
NO. OF SUBSCRIBERS _______________________
RATE _______________________
Motel, Hotel
NO. OF SUBSCRIBERS _______________________
RATE _______________________
Commercial
NO. OF SUBSCRIBERS _______________________
RATE _______________________
Converter
• Residential
NO. OF SUBSCRIBERS _______________________
RATE _______________________
• Non-Residential
NO. OF SUBSCRIBERS _______________________
RATE _______________________
BLOCK 2
CATEGORY OF SERVICE
Residential:
• Service to First Set
NO. OF SUBSCRIBERS _______________________
RATE _______________________
• Service to Additional Set(s)
NO. OF SUBSCRIBERS _______________________
RATE _______________________
• FM Radio (if separate rate)
NO. OF SUBSCRIBERS _______________________
RATE _______________________
Motel, Hotel
NO. OF SUBSCRIBERS _______________________
RATE _______________________
Commercial
NO. OF SUBSCRIBERS _______________________
RATE _______________________
Converter
• Residential
NO. OF SUBSCRIBERS _______________________
RATE _______________________
• Non-Residential
NO. OF SUBSCRIBERS _______________________
RATE _______________________
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 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 furnished at cost; and (2) 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.
Block 1: Give the standard rate charged by the cable system for each of the applicable services listed.
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.
F Services Other Than Secondary Transmissions: Rates
Continuing Services:
CATEGORY OF SERVICE
BLOCK 1
• Pay Cable
RATE _______________________
• Pay Cable--Add'l Channel
RATE _______________________
• Fire Protection
RATE _______________________
•Burglar Protection
RATE _______________________
Installation: Residential
• First Set
RATE _______________________
• Additional Set(s)
RATE _______________________
• FM Radio (if separate rate)
RATE _______________________
• Converter
RATE _______________________
Installation: Non-Residential
• Motel, Hotel
RATE _______________________
• Commercial
RATE _______________________
• Pay Cable
RATE _______________________
• Pay Cable--Add'l Channel
RATE _______________________
• Fire Protection
RATE _______________________
• Burglar Protection
RATE _______________________
Other Services:
• Reconnect
RATE _______________________
• Disconnect
RATE _______________________
• Outlet Relocation
RATE _______________________
• Move to New Address
RATE _______________________
BLOCK 2
CATEGORY OF SERVICE
Installation: Non-Residential
• _______________________
RATE _______________________
• _______________________
RATE _______________________
• _______________________
RATE _______________________
• _______________________
RATE _______________________
Name
LEGAL NAME OF OWNER OF CABLE SYSTEM: _______________________
G Primary Transmitters: Television
INSTRUCTIONS:
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 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 substitute program basis, as explained in the next paragraph.
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 further 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: If the station is "distant" enter "Yes." If not, enter "No." For explanation of what a "distant station" is, see page (iv) of the General Instructions.
Column 5: If you have entered "Yes" in column 4, you must complete column 5, stating the basis on which your cable system carried the the distant station during the accounting period. Indicate by entering "LAC" if your cable system carried the distant station on a part-time basis because of lack of activated channel capacity. If you carried the channel on any other basis, enter "O". For a further explanation of these two categories, see page (iv) of the General Instructions.
Column 6: 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 SIGN
_______________________
_______________________
2. B'CAST CHANNEL NUMBER
_______________________
_______________________
3. TYPE OF STATION
_______________________
_______________________
4. DISTANT? (Yes or No)
_______________________
_______________________
5. BASIS OF CARRIAGE (If Distant)
_______________________
_______________________
6. LOCATION OF STATION
_______________________
_______________________
Name
LEGAL NAME OF OWNER OF CABLE SYSTEM: _______________________
H Primary Transmitters: Radio
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.
Special Instructions Concerning All-Band FM Carriage: Under Copyright Office Regulations, an FM Signal is "generally receivable" if: (1) "it is carried by the system whenever it is received at the system's headend"; and (2) it can be expected, on the basis of monitoring, to be received at the headend, with the system's FM antenna, during certain stated intervals. For detailed information about the Copyright Office Regulations on this point, see page (v) 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
_______________________
_______________________
I Substitute Carriage: Special Statement and Program Log
GENERAL:
In space I, identify every non-network 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 authorizations. For a further explanation of the programming that must be included in this log, see page (v) of the General Instructions.
1. SPECIAL STATEMENT CONCERNING SUBSTITUTE CARRIAGE:
• During the accounting period, did your cable system carry, on a substitute basis, any non-network 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 non-network 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.
SUBSTITUTE PROGRAM
1. TITLE OF PROGRAM
_______________________
_______________________
2. LIVE? Yes or No
_______________________
_______________________
3. STATION'S CALL SIGN
_______________________
_______________________
4. STATION'S LOCATION
_______________________
_______________________
WHEN SUBSTITUTE CARRIAGE OCCURRED
5. MONTH AND DAY
_______________________
_______________________
6. TIMES FROM -- TO
_______________________
_______________________
7. REASON FOR DELETION
_______________________
_______________________
J Part-Time Carriage Log
PART-TIME CARRIAGE LOG
In General: This space ties in with column 5 of space G. If you listed a station's basis of carriage as "LAC" for part-time carriage due to lack of activated channel capacity, you are required to complete this log giving the total dates and hours your system carried that station. If you need more space, please attach additional pages.
Column 1 (Call Sign): Give the call sign of every distant station whose basis of carriage you identified by "LAC" in column 5 of space G.
Column 2 (Dates and hours of Carriage): For each station, list the dates and hours when part-time carriage occurred during the accounting period.
• Give the month and day when the carriage occurred. Use numerals, with the month first. Example: for April 10 give "4/10."
• State the starting and ending times of carriage to the nearest quarter hour. In any case where carriage ran to the end of the television station's broadcast day, you may give an approximate ending hour, followed by the abbreviation "app". Example: "12:30 a.m.--3:15 a.m. app."
• You may group together any dates when the hours of carriage were the same. Example: "5/10-5/14, 6:00 p.m.-12:00 p.m."
DATES AND HOURS OF PART-TIME CARRIAGE
CALL SIGN
_______________________
_______________________
WHEN CARRIAGE OCCURRED
DATE
_______________________
_______________________
HOURS FROM TO
_______________________
_______________________
K Gross Receipts
GROSS RECEIPTS
Instructions: The figure you give in this space determines the form you file and the amount you pay. Enter the total 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, see page (vi) of the General Instructions.
Gross receipts from subscribers for secondary transmission service(s) during the accounting period. $_______________________ (Amount of "gross receipts")
IMPORTANT: You must complete a statement in space P concerning gross receipts.
L Copyright Royalty Fee Block
INSTRUCTIONS FOR COMPUTING THE COPYRIGHT ROYALTY FEE
Use the blocks in this space L to determine the royalty fee you owe:
• Complete block 1, showing your Minimum Fee.
• Complete block 2, showing whether your system carried any distant television stations.
• If your system did not carry any distant television stations, leave block 3 blank. Enter the amount of the Minimum Fee from block 1 on line 1 of block 4, and calculate the Total Royalty Fee.
• If your system did carry any distant television stations you must complete the applicable parts of the DSE Schedule accompanying this form and attach the Schedule to your Statement of Account.
- If part 8 or part 9, Block A, of the DSE Schedule was completed, the base rate fee should be entered on line 1 of Block 3 below.
- If part 6 of the DSE Schedule was completed, the amount from line 7 of Block C should be entered on line 2 in Block 3 below.
- If part 7 or part 9, Block B, of the DSE Schedule was completed, the surcharge amount should be entered on line 2 in Block 4 below.
Block 1
MINIMUM FEE: All cable systems with semiannual "gross receipts" of $292,000 or more are required to pay at least the Minimum Fee, regardless of whether they carried any distant stations. This fee is .893 of one percent of the system's "gross receipts" for the accounting period.
Line 1. Enter the amount of "gross receipts" from space K $_______________________
Line 2. Multiply the amount in line 1 by .00893
Enter the result here.
This is your Minimum Fee. $_______________________
Block 2
DISTANT TELEVISION STATIONS CARRIED: Your answer here must agree with the information you gave in space G. If, in space G, you identified any stations as "distant" by stating "Yes" in column 4, you must check "Yes" in this block.
• Did your cable system carry any distant television stations during the accounting period?
____ Yes--Complete the DSE Schedule.
____ No--Leave block 3 below blank and complete line 1, block 4.
Block 3
Line 1. BASE RATE FEE: Enter the Base Rate Fee from either Part 8, section 3 or 4, or Part 9, Block A of the DSE Schedule. If none, enter zero $_______________________
Line 2. 3.75 Fee: Enter the total fee from line 7, Block C, Part 6 of the DSE Schedule. If none, enter zero $_______________________
Line 3. Add lines 1 and 2 and enter here $_______________________
Block 4
Line 1. BASE RATE FEE/3.75 FEE, or MINIMUM FEE: Enter either the minimum fee from Block 1 or the sum of the Base Rate Fee/3.75 Fee from Block 3, line 3, whichever is larger $_______________________
Line 2. SYNDICATED EXCLUSIVITY SURCHARGE: Enter the fee from either part 7 (block D, section 3 or 4) or part 9 (block B) of the DSE Schedule. If none, enter zero. $_______________________
Line 3. INTEREST CHARGE: Enter the amount from line 4, space Q, page 9 (Interest Worksheet) $_______________________
TOTAL ROYALTY FEE. Add Lines 1, 2 and 3 of Block 4 and enter total here $_______________________
Remit this amount via electronic payment; or in the form of a certified check, cashier's check, or money order, payable to Register of Copyrights. Do not send cash. We recommend electronic payments.
M Channels
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.
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 non-broadcast services _______________________
N Contact
INDIVIDUAL TO BE CONTACTED IF FURTHER INFORMATION IS NEEDED: (Identify an individual to whom we can write or call about this Statement of Account.)
Name _______________________
Telephone (Area Code) _______________________
Address
_______________________ (Number, Street, Rural Route, Apartment or Suite Number)
_______________________ (City, Town, State, ZIP Code)
O Certification
CERTIFICATION: (This Statement of Account must be certified and signed in accordance with Copyright Office Regulations, as explained in the General Instructions.)
• 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: _______________________
Name
LEGAL NAME OF OWNER OF CABLE SYSTEM: _______________________
P Statement of Gross Receipts
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 sentence:
"In determining the total number of subscribers and the gross amounts paid to the cable system for the basic service of providing secondary transmissions of primary broadcast transmitters, the system shall not include subscribers 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 (vi) 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 _______________________
Mailing Address _______________________
_______________________
Name _______________________
Mailing Address _______________________
_______________________
Q Interest Assessment
WORKSHEET FOR COMPUTING INTEREST
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 (vii) General Instructions.
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** enter here and on line 3, Block 4, space L, (page 7) $_______________________ (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 _______________________
INSTRUCTIONS FOR DSE SCHEDULE
WHAT IS A "DSE"
The term "distant signal equivalent" ("DSE") refers to the numerical value given by the Copyright Act to each distant television station carried by a cable system during an accounting period. Your system's total number of DSEs determines the royalty you owe.
FORMULAS FOR COMPUTING A STATION'S DSE
There are two different formulas for computing DSEs: (1) a basic formula for all distant stations listed in space G (page 3); and (2) a special formula for those stations carried on a substitute basis and listed in space I (page 5). (Note that, if a particular station is listed in both space G and space I, a DSE must be computed twice for that station: once under the basic formula and again under the special formula. However, a station's total DSE is not to exceed its full type-value. If this happens, contact the Licensing Division.)
BASIC FORMULA: FOR ALL DISTANT STATIONS LISTED IN SPACE G OF SA3 (LONG FORM)
Step 1: Determine the station's TYPE-VALUE. For purposes of computing DSEs, the Copyright Act gives different values to distant stations depending upon their type. If, as shown in space G of your Statement of Account (page 3), a distant station is:
• INDEPENDENT: its type-value is 1.00
• NETWORK: its type value is .25
• NONCOMMERCIAL EDUCATIONAL: its type-value is .25
Note that local stations are not counted at all in computing DSEs.
Step 2: Calculate the station's BASIS OF CARRIAGE VALUE: The DSE of a station also depends on its basis of carriage. If, as shown in space G of your Form SA3, the station was carried part-time because of lack of activated channel capacity its basis of carriage value is determined by (1) calculating the number of hours the cable system carried the station during the accounting period; and (2) dividing that number by the total number of hours the station broadcast over the air during the accounting period. The basis of carriage value for all other stations listed in space G is 1.0.
Step 3: Multiply the result of step 1 by the result of step 2. This gives you the particular station's DSE for the accounting period. (Note that, for stations other than those carried on a part-time basis due to lack of activated channel capacity, actual multiplication is not necessary since the DSE will always be the same as the type value.)
SPECIAL FORMULA: FOR STATIONS LISTED IN SPACE I OF SA3 (LONG FORM)
Step 1: For each station, calculate the number of programs that, during the accounting period: were broadcast live by the station; and were substituted for programs deleted at the option of the cable system.
(These are programs for which you have entered "Yes" in column 2 and "P" in column 7 of space I.)
Step 2: Divide the result of step 1 by the total number of days in the calendar year (365--or 366 in a leap year). This gives you the particular station's DSE for the accounting period.
TOTAL OF DSEs
In part 5 of this Schedule you are asked to add up the DSEs for all of the distant television stations your cable system carried during the accounting period. This is the total sum of all DSEs computed by the basic formula and by the special formula.
THE ROYALTY FEE
The total royalty fee is determined by calculating the Minimum Fee and the Base Rate Fee. In addition, cable systems located within certain television market areas may be required to calculate the 3.75 Fee and/or the Syndicated Exclusivity Charge.
The 3.75 Fee. If a cable system located in whole or in part within a television market added stations after June 24, 1981, that would not have been "permitted" under FCC rules, regulations and authorizations (hereafter referred to as "the former FCC rules") in effect on June 24, 1981, the system must compute the 3.75 fee using a formula based on the number of DSEs added. These DSEs used in computing the 3.75 Fee will not be used in computing the Base Rate Fee and Syndicated Exclusivity Surcharge. The Syndicated Exclusivity Surcharge. Cable systems located in whole or in part within a major television market, as defined by FCC rules and regulations, must calculate a Syndicated Exclusivity Surcharge for the carriage of any commercial VHF station that places a Grade B contour, in whole or in part, over the cable system which would have been subject to the FCC's syndicated exclusivity rules in effect on June 24, 1981.
The Minimum Fee/The Base Rate Fee/The 3.75% Fee. All cable systems filing SA3 (Long Form) must pay at least the Minimum Fee which is .893% of "gross receipts." The cable system pays either the "Minimum Fee," or the sum of the "Base Rate Fee" and the "3.75% Fee", whichever is larger, and a "Syndicated Exclusivity Surcharge", as applicable.
What is a "Permitted" Station? A "permitted" station refers to a distant station whose carriage is not subject to the 3.75% Rate, but is subject to the Base Rate and, where applicable, the Syndicated Exclusivity Surcharge. A "permitted" station would include the following:
1) A station actually carried within any portion of a cable system prior to June 25, 1981, pursuant to the former FCC rules.
2) A station first carried after June 24, 1981, which could have been carried under FCC rules in effect on June 24, 1981, if such carriage would not have exceeded the market quota imposed for the importation of distant stations under those rules.
3) A station of the same type substituted for a carried network, noncommercial educational, or regular independent station for which a quota was or would have been imposed under FCC rules (47 CFR 76.59 (b),(c), 76.61 (b),(c),(d), and 767.63 (a) [referring to 76.61 (b),(d)]) in effect on June 24, 1981.
4) A station carried pursuant to an individual waiver granted between April 16, 1976, and June 25, 1981 under the FCC rules and regulations in effect on April 15, 1976.
5) In the case of a station carried prior to June 25, 1981, on a part-time and/or substitute basis only, that fraction of the current DSE represented by prior carriage.
NOTE: If your cable system carried a station which you believe qualifies as a "permitted" station but does not fall into one of the above categories, please attach written documentation to the Statement of Account detailing the basis for its classification.
Substitution of Grandfathered Stations. Under section 76.65 of the former FCC rules, a cable system was not required to delete any station that it was authorized to carry or was lawfully carrying prior to March 31, 1972, even if the total number of distant stations carried exceeded the market quota imposed for the importation of distant stations. Carriage of these "grandfathered" stations is not subject to the 3.75% Rate, but is subject to the Base Rate, and where applicable, the Syndicated Exclusivity Surcharge. The Copyright Royalty Tribunal has stated its view that, since section 76.65 of the former FCC rules would not have permitted substitution of a grandfathered station, the 3.75% Rate applies to a station substituted for a grandfathered station if carriage of the station exceeds the market quota imposed for the importation of distant stations.
COMPUTING THE 3.75% RATE--PART 6 OF THE DSE SCHEDULE
• Determine which distant stations were carried by the system pursuant to former FCC rules in effect on June 24, 1981.
• Identify any station carried prior to June 25, 198l, on a substitute and/ or part-time basis only and complete the log to determine the portion of the DSE exempt from the 3.75% Rate.
• Subtract the number of DSEs resulting from this carriage from the number of DSEs reported in part 5 of the DSE Schedule. This is the total number of DSEs subject to the 3.75% Rate. Multiply these DSEs x gross receipts x .0375. This is the 3.75 Fee.
COMPUTING THE SYNDICATED EXCLUSIVITY SURCHARGE--PART 7 OF THE DSE SCHEDULE
• Determine if any portion of the cable system is located within a top 100 major television market as defined by the FCC rules and regulation in effect on June 24, 1981. If no portion of the cable system is located in a major television market, part 7 does not have to be completed.
• Determine which station(s) reported in block B, part 6 is a commercial VHF station and places a Grade B contour in whole, or in part, over the cable system. If none of these stations are carried part 7 does not have to be completed.
• Determine which of those stations reported in block b, part 7 of the DSE Schedule were carried before March 31,1972. These stations are exempt from the FCC's syndicated exclusivity rules in effect on June 24, 1981. If you qualify to calculate the royalty fee based upon the carriage of partially distant stations, and you elect to do so, you must compute the surcharge in part 9 of this Schedule.
• Subtract the exempt DSEs from the number of DSEs determined in block B of part 7. This is the total number of DSEs subject to the Syndicated Exclusivity Surcharge.
• Compute the Syndicated Exclusivity Surcharge based upon these DSEs and the appropriate formula for the system's market position.
COMPUTING THE BASE RATE FEE--PART 8 OF THE DSE SCHEDULE
Determine whether any of the stations you carried were "partially-distant"-- that is, whether you retransmitted the signal of one or more stations to subscribers located within the station's local service area and, at the same time, to other subscribers located outside that area.
• If none of the stations were "partially-distant," calculate your Base Rate Fee according to the following rates--for the system's permitted DSEs as reported in block B, part 6 or from part 5, whichever is applicable. First DSE .893% of "gross receipts" Each of the second, third, and fourth DSEs .563% of "gross receipts" The fifth and each additional DSE .265% of "gross receipts".
PARTIALLY-DISTANT STATIONS--PART 9 OF THE DSE SCHEDULE
• If any of the stations were "partially-distant":
1. Divide all of your subscribers into "subscriber groups" depending on their location. A particular "subscriber group" consists of all subscribers who are "distant" with respect to exactly the same complement of stations.
2. Identify the communities/areas represented by each subscriber group.
3. For each "subscriber group," calculate the total number of DSEs of that group's complement of stations.
If your system is located wholly outside all major and smaller television markets, give each station's DSEs as you gave them in parts 2, 3, and 4 of the Schedule; or
If any portion of your system is located in a major or smaller television market, give each station's DSE as you gave it in block B, part 6 of this Schedule.
4. Determine the portion of the total "gross receipts" you reported in space K (page 7) that is attributable to each "subscriber group."
5. Calculate a separate Base Rate Fee for each "subscriber group," using (1) the rates given above; (2) the total number of DSEs for that group's complement of stations; and (3) the amount of "gross receipts" attributable to that group.
6. Add together the Base Rate Fees for each "subscriber group" to determine the system's total Base Rate Fee.
7. If any portion of the cable system is located in whole or in part within a major television market, you may also need to complete part 9, block B of the Schedule to determine the Syndicated Exclusivity Surcharge.
What To Do If You Need More Space on the DSE Schedule. There are no printed continuation sheets for the Schedule. In most cases the blanks provided should be large enough for the necessary information. If you need more space in a particular part, make a photocopy of the page in question (identifying it as a "Continuation Sheet"), enter the additional information on that copy, and attach it to the DSE Schedule.
Rounding Off DSEs. In computing DSEs on the DSE Schedule, you may round off to no less than the third decimal point. If you round off a DSE in any case, you must round off DSEs throughout the Schedule as follows:
• When the fourth decimal point is 1, 2, 3, or 4 the third decimal remains unchanged--(example: .34647 is rounded to .346)
• When the fourth decimal point is 5, 6, 7, 8 or 9 the third decimal is rounded up--(example: .34651 is rounded to .347)
The example below is intended to supplement the instructions for calculating only the Base Rate Fee for "partially-distant" stations. The cable system would also be subject to the Syndicated Exclusivity Surcharge for "partially distant" stations, if any portion is located within a major television market.
EXAMPLE:
COMPUTATION OF COPYRIGHT ROYALTY FEE FOR CABLE SYSTEM CARRYING "PARTIALLY-DISTANT" STATIONS
Distant Stations Carried
STATION DSE
A (Independent 1.0
B (Independent 1.0
C (part-time) .083
D (part-time) .139
E (network) .25
TOTAL DSEs 2.472
Identification of Subscriber Groups
Santa Rosa OUTSIDE LOCAL SERVICE AREA OF Stations A, B, C, D ,E
"GROSS RECEIPTS" FROM SUBSCRIBERS $110,000.00
Rapid City OUTSIDE LOCAL SERVICE AREA OF Stations A and C
"GROSS RECEIPTS" FROM SUBSCRIBERS $80,000.00
Bodega Bay OUTSIDE LOCAL SERVICE AREA OF Stations A and C
"GROSS RECEIPTS" FROM SUBSCRIBERS $40,000.00
Fairvale OUTSIDE LOCAL SERVICE AREA OF Stations B, D, and E
"GROSS RECEIPTS" FROM SUBSCRIBERS $70,000.00
TOTAL "GROSS RECEIPTS" $300,000.00
Minimum Fee Total "Gross Receipts" $300,000.00
x .00893
$ 2,679.00
First Subscriber Group
(Santa Rosa)
"Gross Receipts" $110,000.00
DSEs 2.472
Base Rate Fee $1,893.91
$110,000 x .00893 x 1.0 = 982.30
$110,000 x .00563 x 1.472= 911.61
Base Rate Fee $1,893.91
Second Subscriber Group
(Rapid City and Bodega Bay)
"Gross Receipts" $120,000.00
DSEs 1.083
Base Rate Fee $1,127.67
$120,000 x .00893 x 1.0 = 1,071.60
$120,000 x .00563 x .083= 56.07
Base Rate Fee $1,127.67
Third Subscriber Group
(Fairvale)
"Gross Receipts" $70,000.00
DSEs 1.389
Base Rate Fee $778.40
$70,000 x .00893 x 1.0 = 625.10
$70,000 x .00563 x .389= 153.30
Base Rate Fee $778.40
Total Base Rate Fee: $1,893.91 + $1,127.67 + $778.40 = $3,799.98.
In this example, the cable system would enter $3,799.98 in space L, Block 3, line 1, (page 7).
1 Owner
LEGAL NAME OF OWNER OF CABLE SYSTEM: _______________________
2 Computation of DSEs for Category "O" Stations
INSTRUCTIONS:
In the column headed "Call Sign": list the call signs of all distant stations identified by the letter "O" in column 5 of space G (page 3).
In the column headed "DSE": for each independent station, give the DSE as "1.0"; for each network or noncommercial educational station, give the DSE as ".25."
CATEGORY "O" STATIONS: DSEs
CALL SIGN _______________________
DSE _______________________
CALL SIGN _______________________
DSE _______________________
CALL SIGN _______________________
DSE _______________________
SUM OF DSEs OF CATEGORY "O" STATIONS:
• Add the DSEs of each station.
Enter the sum here and in line 1 of part 5 of this Schedule. _______________________
Name
LEGAL NAME OF OWNER OF CABLE SYSTEM: _______________________
INSTRUCTIONS FOR COMPUTATION OF DSEs FOR STATIONS CARRIED PART-TIME DUE TO LACK OF ACTIVATED CHANNEL CAPACITY
Column 1: List the call sign of all distant stations identified by "LAC" in column 5 of space G (page 3).
Column 2: For each station, give the number of hours your cable system carried the station during the accounting period. This figure should correspond with the information given in space J. Calculate only one DSE for each station.
Column 3: For each station, give the total number of hours that the station broadcast over the air during the accounting period.
Column 4: Divide the figure in column 2 by the figure in column 3, and give the result in decimals in column 4. This figure must be carried out at least to the third decimal point. This is the "basis of carriage value" for the station.
Column 5: For each independent station give the "type-value" as "1.0." For each network or noncommercial educational station, give the "type-value" as ".25."
Column 6: Multiply the figure in column 4 by the figure in column 5, and give the result in column 6. Round to no less than the third decimal point. This is the station's "DSE." (For more information on rounding, see page (vii) of the General Instructions.)
3 Computation of DSEs for Category "LAC" Stations
CATEGORY "LAC" STATIONS: COMPUTATION OF DSEs
1. CALL SIGN
_______________________
_______________________
2. NUMBER OF HOURS CARRIED BY SYSTEM
_______________________
_______________________
3. NUMBER OF HOURS STATION ON AIR
_______________________
_______________________
4. BASIS OF CARRIAGE VALUE
_______________________
_______________________
5. TYPE VALUE
_______________________
_______________________
6. DSE
_______________________
_______________________
SUM OF DSEs OF CATEGORY "LAC" STATIONS:
Add the DSEs of each station.
Enter the sum here and in line 2 of part 5 of this Schedule, _______________________
4 Computation of DSEs for Substitute- Basis Stations
INSTRUCTIONS FOR COMPUTATION OF DSEs FOR SUBSTITUTE-BASIS STATIONS:
Column 1: Give the call sign of each station listed in space I (page 5, the Log of Substitute Programs) if that station:
• Was carried by your system in substitution for a program that your system was permitted to delete under FCC rules and regulations in effect on October 19, 1976 (as shown by the letter "P" in column 7 of space I): and
• Broadcast one or more live, non-network programs during that optional carriage (as shown by the word "Yes" in column 2 of space I).
Column 2: For each station give the number of live, non-network programs carried in substitution for programs that were deleted at your option. This figure should correspond with the information in space I.
Column 3: Enter the number of days in the calendar year: 365, except in a leap year.
Column 4: Divide the figure in column 2 by the figure in column 3, and give the result in column 4. Round to no less than the third decimal point. This is the station's "DSE" (For more information on rounding, see page (vii) of the General Instructions.)
SUBSTITUTE-BASIS STATIONS: COMPUTATION OF DSEs
1. CALL SIGN _______________________
2. NUMBER OF PROGRAMS _______________________ ÷
3. NUMBER OF DAYS IN YEAR _______________________ =
4. DSE _______________________
1. CALL SIGN _______________________
2. NUMBER OF PROGRAMS _______________________ ÷
3. NUMBER OF DAYS IN YEAR _______________________ =
4. DSE _______________________
1. CALL SIGN _______________________
2. NUMBER OF PROGRAMS _______________________ ÷
3. NUMBER OF DAYS IN YEAR _______________________ =
4. DSE _______________________
SUM OF DSEs OF SUBSTITUTE-BASIS STATIONS:
Add the DSEs of each station.
Enter the sum here and in line 3 of part 5 of this Schedule, _______________________
5 Total Number of DSEs
TOTAL NUMBER OF DSEs: Give the amounts from the boxes in parts 2, 3, and 4 of this Schedule, and add them to provide the total number of DSEs applicable to your system.
1. Number of DSEs from part 2 _______________________
2. Number of DSEs from part 3 _______________________
3. Number of DSEs from part 4 _______________________
TOTAL NUMBER OF DSEs _______________________
6 Computation of 3.75 Fee x .0375
INSTRUCTIONS: Block A must be completed.
In block A:
• If your answer if "Yes", leave the remainder of part 6 and part 7 of the DSE Schedule blank and complete part 8, (page 16) of the Schedule.
• If your answer if "No", complete blocks B and C below.
BLOCK A: TELEVISION MARKETS
Is the "cable system" located wholly outside of all major and smaller markets as defined under section 76.5 of FCC rules and regulations in effect on June 24, 1981?
____ Yes--Complete part 8 of the Schedule--DO NOT COMPLETE THE REMAINDER OF PART 6 AND 7.
____ No--Complete blocks B and C below.
BLOCK B: CARRIAGE OF PERMITTED DSEs
Column 1: CALL SIGN
List the call signs of distant stations listed in part 2, 3, and 4 of this Schedule that your system was "permitted" to carry under FCC rules and regulations prior to June 25, 1981. (Note: for further explanation of "permitted station" see Instructions for the DSE Schedule.)
Column 2: BASIS OF PERMITTED CARRIAGE
Enter the appropriate letter indicating the basis on which you carried a "permitted station". (Note the FCC rules and regulations cited below pertain to those in effect on June 24, 1981.)
A Stations carried pursuant to the FCC "market quota" rules (76.57, 76.59(b), 76.61(b)(c), 76.63(a) referring to 76.61(b)(c))
B Specialty Station as defined in 76.5(kk) (76.59(d)(1), 76.61(e)(1), 76.63(a) referring to 76.61(e)(1)
C Noncommerical Educational Station (76.59(c), 76.61(d), 76.63(a) referring to 76.61(d))
D Grandfathered Station (76.65) (see paragraph regarding Substitution of Grandfathered Stations in the Instructions for DSE Schedule).
E Carried pursuant to individual waiver of FCC rules (76.7)
*F A station previously carried on a part-time or substitute basis prior to June 25, 1981
G Commercial UHF Station within Grade-B contour (76.59(d)(5), 76.61(e)(5), 76.63(a) referring to 76.61(e)(5)) Column 3:
List the DSE for each distant station listed in parts 2, 3, and 4 of the Schedule. *(Note: For those stations identified by the letter "F" in column 2, you must complete the worksheet on page 14 of this Schedule to determine the DSE.)
1. CALL SIGN _______________________
_______________________
2. PERMITTED BASIS _______________________
_______________________
3. DSE _______________________
_______________________
• SUM OF PERMITTED DSEs--add the DSEs of each station _______________________
BLOCK C: COMPUTATION OF 3.75 FEE
Do any of these DSEs represent partially permitted/ partially nonpermitted carriage? If yes, see instructions on inside cover of this SA.
Line 1: Enter the total number of DSEs from part 5 of this Schedule _______________________
Line 2: Enter the 'SUM OF PERMITTED DSEs" from block B above _______________________
Line 3: Subtract line 2 from line 1. This is the total number of DSEs subject to the 3.75 rate. (If zero, leave lines 4-7 blank and proceed to part 7 of this Schedule) _______________________
Line 4: Enter "Gross Receipts" from space K (page 7) $_______________________ x .0375
Line 5: Multiply line 4 by .0375 and enter sum here $_______________________ x
Line 6: Enter total number of DSEs from line 3 _______________________
Line 7: Multiply line 6 by line 5 and enter here and on line 2, block 3, space L (page 7) $_______________________
WORKSHEET FOR COMPUTING THE DSE SCHEDULE FOR PERMITTED PART-TIME AND SUBSTITUTE CARRIAGE
Instructions: You must complete this worksheet for those stations identified by the letter "F" in column 2 of block B, part 6 (i.e. those stations carried prior to June 25, l981 under former FCC rules governing part-time and substitute carriage.)
Column 1: List the call sign for each distant station identified by the letter "F" in column 2 of part 6 of the DSE Schedule.
Column 2: Indicate the DSE for this station for a single accounting period, occurring between January 1, 1978 and June 30, 1981.
Column 3: Indicate the accounting period and year in which the carriage and DSE occurred, (e.g., 1981/1).
Column 4: Indicate the basis of carriage on which the station was carried by listing one of the following letters:
(Note that the FCC rules and regulations cited below pertain to those in effect on June 24, 1981.)
A--Part-time specialty programming: Carriage, on a part-time basis, of specialty programming under FCC rules, sections 76.59(d)(1),76.61(e)(1), or 76.63 (referring to 76.61(e)(1)).
B--Late-night programming: Carriage under FCC rules, sections 76.59(d)(3), 76.61(e)(3), or 76.63 (referring to 76.61(e)(3)).
S--Substitute Carriage under certain FCC rules, regulations or authorizations. For further explanation see page (v) of the General Instructions.
Column 5: Indicate the station's DSE for the current accounting period as computed in parts 2, 3, and 4 of this Schedule.
Column 6: Compare the DSE figures listed in columns 2 and 5 and list the smaller of the two figures here. This figure should be entered in block B, column 3 of part 6 for this station.
IMPORTANT: The information you give in columns 2, 3, and 4 must be accurate and is subject to verification from the designated Statement of Account on file in the Licensing Division.
PERMITTED DSE FOR STATIONS CARRIED ON A PART-TIME AND SUBSTITUTE BASIS
1. CALL SIGN _______________________
_______________________
2. PRIOR DSE _______________________
_______________________
3. ACCOUNTING PERIOD _______________________
_______________________
4. BASIS OF CARRIAGE _______________________
_______________________
5. PRESENT DSE _______________________
_______________________
6. PERMITTED DSE _______________________
_______________________
7 Computation of the Syndicated Exclusivity Surcharge
INSTRUCTIONS: Block A must be completed.
In block A:
If your answer is "Yes", complete blocks B and C, below.
If your answer is "No", leave blocks B and C blank and complete part 8 of the DSE Schedule.
BLOCK A: MAJOR TELEVISION MARKET
• Is any portion of the cable system within a top 100 major television market as defined by section 76.5 of FCC rules in effect June 24, 1981?
____ Yes--Complete blocks B and C.
____ No--Proceed to part 8
BLOCK B: CARRIAGE OF VHF/GRADE B CONTOUR STATIONS
Is any station listed in block B of part 6 a commercial VHF station that places a Grade B contour, in whole or in part, over the cable system?
____ Yes--List each station below with its appropriate permitted DSE value.
____ No--Enter zero and proceed to part 8.
CALL SIGN _______________________
_______________________
DSE _______________________
_______________________
TOTAL DSEs _______________________
_______________________
CALL SIGN _______________________
_______________________
DSE _______________________
_______________________
TOTAL DSEs _______________________
_______________________
BLOCK C: COMPUTATION OF EXEMPT DSEs
Was any station listed in block B of Part 7 carried in any community served by the cable system prior to March 31, 1972? (refer to former FCC rule 76.159)
____ Yes--List each station below with its appropriate permitted DSE value.
____ No--Enter zero and complete block D.
CALL SIGN _______________________
_______________________
DSE _______________________
_______________________
TOTAL DSEs _______________________
_______________________
CALL SIGN _______________________
_______________________
DSE _______________________
_______________________
TOTAL DSEs _______________________
_______________________
BLOCK D: COMPUTATION OF THE SYNDICATED EXCLUSIVITY SURCHARGE
Section 1
Enter the amount of "Gross Receipts" from space K (page 7) $_______________________
Section 2
A. Enter the Total DSEs from Block B of Part 7 $_______________________
B. Enter the total number of exempt DSEs from Block C of Part 7 _______________________
C. Subtract line B from line A and enter here. This is the total number of DSEs subject to the surcharge computation. If zero, proceed to part 8. _______________________
• Is any portion of the cable system within a top 50 television market as defined by the FCC?
____ Yes--Complete section 3 below.
____ No--Complete section 4 below.
SECTION 3: TOP 50 TELEVISION MARKET
Section 3a
• Did your cable system retransmit the signals of any partially-distant television stations during the accounting period?
____ Yes--Complete part 9 of this Schedule.
____ No--Complete the applicable section below.
If the figure in section 2, line C is 4.000 or less, compute your surcharge here and leave section 3b blank. NOTE: If the DSE is 1.0 or less, multiply the "gross receipts" x .00599 x the DSE. Enter the result on line A below.
A. Enter .00599 of "gross receipts" (the amount in section1) $_______________________
B. Enter .00377 of "gross receipts" (the amount in section 1) $_______________________
C. Subtract 1.000 from total permitted DSEs (the figure on line C in section 2) and enter here _______________________
D. Multiply line B by line C and enter here _______________________
E. Add lines A and D. This is your surcharge. Enter here and on line 2 of block 4 in space L (page 7) Syndicated Exclusivity Surcharge $_______________________
If the figure in section 2, line C is more than 4.000, compute your surcharge here and leave section 3a blank.
Section 3b
A. Enter .00599 of "gross receipts" (the amount in section 1) $_______________________
B. Enter .00377 of "gross receipts" (the amount in section 1) $_______________________
C. Multiply line B by 3.000 and enter here $_______________________
D. Enter .00178 of "gross receipts" (the amount in section 1) $_______________________
E. Subtract 4.000 from total DSEs (the figure on line C in section 2) and enter here _______________________
F. Multiply line D by line E and enter here $_______________________
G. Add lines A, C, and F. This is your surcharge. Enter here and on line 2, block 4, space L (page 7) Syndicated Exclusivity Surcharge $_______________________
SECTION 4: SECOND 50 TELEVISION MARKET
Section 4a
Did your cable system retransmit the signals of any partially-distant television stations during the accounting period?
____ Yes--Complete part 9, of the Schedule.
____ No--Complete the following sections.
If the figure in section 2, line C is 4.000 or less, compute your surcharge here and leave section 4b blank. NOTE: If the DSE is 1.0 or less, multiply the "gross receipts" x .003 x the DSE. Enter the result on line A below.
A. Enter .00300 of "gross receipts" (the amount in section 1) $_______________________
B. Enter .00189 of "gross receipts" (the amount in section 1) $_______________________
C. Subtract 1.000 from total permitted DSEs (the figure on line C in section 2) and enter here $_______________________
D. Multiply line B by line C and enter here $_______________________
E. Add lines A and D. This is your surcharge. Enter here and in line 2, block 4, space L (page 7) Syndicated Exclusivity Surcharge $_______________________
Section 4b
If the figure in section 2, line C is more than 4.000, compute your surcharge here and leave section 4a blank.
A. Enter .00300 of "gross receipts" (the amount in section 1) $_______________________
B. Enter .00189 of "gross receipts" (the amount in section 1) $_______________________
C. Multiply line B by 3.000 and enter here $_______________________
D. Enter .00089 of "gross receipts" (the amount in section 1) $_______________________
E. Subtract 4.000 from the total DSEs (the figure on line C in section 2) and enter here $_______________________
F. Multiply line D by line E and enter here $_______________________
G. Add lines A, C, and F. This is your surcharge. Enter here and on line 2, block 4, space L (page 7) Syndicated Exclusivity Surcharge $_______________________
8 Computation of Base Rate Fee
INSTRUCTIONS:
You must complete this part of the DSE Schedule for the SUM OF PERMITTED DSEs in Part 6, Block B; however, if block A of part 6 was checked "yes," use the total number of DSEs from part 5.
• In block A, indicate, by checking "Yes" or "No," whether your system carried any partially-distant stations.
• If your answer is "No," compute your system's Base Rate Fee in block B. Leave part 9 blank.
• If your answer is "Yes" (that is, if you carried one or more partially-distant stations), you must complete part 9. Leave block B below blank.
What is a "partially-distant station ?" A station is "partially-distant" if, at the time your system carried it, some of your subscribers were located within that station's local service area and others were located outside that area. For the definition of a station's "local service area," see the "Distant Station" section on page (iv) of the General Instructions.
BLOCK A: CARRIAGE OF PARTIALLY-DISTANT STATIONS
• Did your cable system retransmit the signals of any partially-distant television stations during the accounting period?
____ Yes--Complete part 9 of this Schedule.
____ No--Complete the following sections.
BLOCK B: NO PARTIALLY-DISTANT STATIONS--COMPUTATION OF BASE RATE FEE
Section 1
Enter the amount of "gross receipts from space K (page 7) $_______________________
Section 2
Enter the total number of permitted DSEs from block B, part 6 of this Schedule. (If block A of part 6 was checked "yes," use the total number of DSEs from part 5.) _______________________
Section 3
If the figure in section 2 is 4.000 or less, compute your Base Rate Fee here and leave section 4 blank. NOTE: If the DSE is 1.0 or less, multiply the "gross receipts" x .00893 x the DSE. Enter the result on line A below.
A. Enter .00893 of "gross receipts" (the amount in section 1) $_______________________
B. Enter .00563 of "gross receipts" (the amount in section 1) $_______________________
C. Subtract l.000 from total DSEs (the figure in section 2) and enter here _______________________
D. Multiply line B by line C and enter here $_______________________
E. Add lines A, and D. This is your Base Rate Fee. Enter here and in block 3, line 1, space L (page 7) Base Rate Fee $_______________________
Section 4
If the figure in section 2 is more than 4.000, compute your Base Rate Fee here and leave section 3 blank.
A. Enter .00893 of "gross receipts" (the amount in section 1) $_______________________
B. Enter .00563 of "gross receipts" (the amount in section 1) $_______________________
C. Multiply line B by 3.000 and enter here $_______________________
D. Enter .00265 of "gross receipts" (the amount in section 1) $_______________________
E. Subtract 4.000 from total DSEs (the figure in section 2) and enter here _______________________
F. Multiply line D by line E and enter here $_______________________
G. Add lines A, C, and F. This is your Base Rate Fee. Enter here and in block 3, line 1, space L (page 7) Base Rate Fee $_______________________
9 Computation of Base Rate Fee and Syndicated Exclusivity Surcharge for Partially- Distant Stations
In General: If any of the stations you carried was "partially-distant," the statute allows you, in computing your Base Rate Fee, to exclude receipts from subscribers located within the station's local service area from your system's total "gross receipts." To take advantage of this exclusion, you must
First: Divide all of your subscribers into "subscriber groups," each group consisting entirely of subscribers that are "distant" to the same station or the same group of stations.
Next: Treat each subscriber group as if it were a separate cable system. Determine the number of DSEs and the portion of your system's "gross receipts" attributable to that group, and calculate a separate Base Rate Fee for each group.
Finally: Add up the separate Base Rate Fees for each subscriber group. That total is the Base Rate Fee for your system.
Important: If any portion of your cable system is located within the top 100 television market and the station is not exempt, you must also compute a Syndicated Exclusivity Surcharge for each subscriber group. In this case, complete both block A and B below. However, if your cable system is wholly located outside all major television markets, complete block A only.
How to Identify a Subscriber Group
Step 1: Determine the local service area of each wholly-distant and each partially-distant station you carried.
Step 2: For each wholly-distant and each partially-distant station you carried, determine which of your subscribers were located outside the station's local service area. A subscriber located outside the local service area of a station is "distant" to that station (and, by the same token, the station is "distant" to the subscriber.)
Step 3: Divide your subscribers into subscriber groups according to the complement of stations to which they are "distant." Each subscriber group must consist entirely of subscribers who are "distant" to exactly the same complement of stations. Note that a cable system will have only one subscriber group when the distant stations it carried have local service areas that coincide.
Computing the Base Rate Fee for each subscriber group: Block A contains separate sections, one for each of your system's subscriber groups.
In each section:
• Identify the communities/areas represented by each subscriber group.
• Give the call sign for each of the stations in the subscriber group's complement--that is, each station that is "distant" to all of the subscribers in the group.
• If:
1) your system is located wholly outside all major and smaller television markets, give each station's DSE as you gave it in parts 2, 3, and 4 of this Schedule; or,
2) any portion of your system is located in a major or smaller television market, give each station's DSE as you gave it in block B, part 6 of this Schedule.
• Add the DSEs for each station. This gives you the total DSEs for the particular subscriber group.
• Calculate "gross receipts" for the subscriber group. For further explanation of "gross receipts" see page (vi) of the General Instructions.
• Compute a Base Rate Fee for each subscriber group using the formula outline in block B of part 8 of this Schedule on the preceding page. In making this computation, use the DSE and "gross recipts" figure applicable to the particular subscriber group (that is, the total DSEs for that group's complement of stations and total "gross receipts" from the subscribers in that group). You do not need to show your actual calculations on the form.
BLOCK A: COMPUTATION OF BASE RATE FEES FOR EACH SUBSCRIBER GROUP
FIRST SUBSCRIBER GROUP
COMMUNITY/ AREA _______________________
CALL SIGN _______________________
_______________________
DSE _______________________
_______________________
"Total DSEs" _______________________
"Gross Receipts" First Group $_______________________
Base Rate Fee First Group $_______________________
SECOND SUBSCRIBER GROUP
COMMUNITY/ AREA _______________________
CALL SIGN _______________________
_______________________
DSE _______________________
_______________________
"Total DSEs" _______________________
"Gross Receipts" Second Group $_______________________
Base Rate Fee Second Group $_______________________
THIRD SUBSCRIBER GROUP
COMMUNITY/ AREA _______________________
CALL SIGN _______________________
_______________________
DSE _______________________
_______________________
"Total DSEs" _______________________
"Gross Receipts" Third Group $_______________________
Base Rate Fee Third Group $_______________________
FOURTH SUBSCRIBER GROUP
COMMUNITY/ AREA _______________________
CALL SIGN _______________________
_______________________
DSE _______________________
_______________________
"Total DSEs" _______________________
"Gross Receipts" Fourth Group $_______________________
Base Rate Fee Fourth Group $_______________________
Base Rate Fee: Add the Base Rate Fees for each subscriber group as shown in the boxes above.
Enter here and in block 3, line 1, space L (page 7) $__________________
BLOCK B: COMPUTATION OF SYNDICATED EXCLUSIVITY SURCHARGE FOR EACH SUBSCRIBER GROUP
If your cable system is located within a top 100 television market and the station is not exempt, you must also compute a Syndicated Exclusivity Surcharge. Indicate which major television market any portion of your cable system is located in as defined by section 76.5 of FCC rules in effect on June 24, 1981:
____ First 50 major television market
____ Second 50 major television market
INSTRUCTIONS:
Step 1: In line 1, give the total DSEs by subscriber group for commercial VHF Grade B contour stations listed in block A, part 9 of this Schedule.
Step 2: In line 2 give the total number of DSEs by subscriber group for the VHF Grade B contour stations that were classified as "Exempt DSEs" in block C, part 7 of this Schedule. If none enter zero.
Step 3: In line 3 subtract line 2 from line 1. This is the total number of DSEs used to compute the surcharge.
Step 4: Compute the surcharge for each subscriber group using the formula outlined in block D, section 3 or 4 of part 7 of this Schedule. In making this computation use "Gross Receipts" figures applicable to the particular group. You do not need to show your actual calculations on this form.
FIRST SUBSCRIBER GROUP
Line 1: Enter the VHF DSEs _______________________
Line 2: Enter the "Exempt DSEs _______________________
Line 3: Subtract line 2 from line 1 and enter here. This is the total number of DSEs for this subscriber group subject to the surcharge computation _______________________
SYNDICATED EXCLUSIVITY SURCHARGE First Group $_______________________
SECOND SUBSCRIBER GROUP
Line 1: Enter the VHF DSEs _______________________
Line 2: Enter the "Exempt DSEs _______________________
Line 3: Subtract line 2 from line 1 and enter here. This is the total number of DSEs for this subscriber group subject to the surcharge computation _______________________
SYNDICATED EXCLUSIVITY SURCHARGE Second Group $_______________________
THIRD SUBSCRIBER GROUP
Line 1: Enter the VHF DSEs _______________________
Line 2: Enter the "Exempt DSEs _______________________
Line 3: Subtract line 2 from line 1 and enter here. This is the total number of DSEs for this subscriber group subject to the surcharge computation _______________________
SYNDICATED EXCLUSIVITY SURCHARGE Third Group $_______________________
FOURTH SUBSCRIBER GROUP
Line 1: Enter the VHF DSEs _______________________
Line 2: Enter the "Exempt DSEs _______________________
Line 3: Subtract line 2 from line 1 and enter here. This is the total number of DSEs for this subscriber group subject to the surcharge computation _______________________
SYNDICATED EXCLUSIVITY SURCHARGE Fourth Group $_______________________
SYNDICATED EXCLUSIVITY SURCHARGE: Add the surcharge for each subscriber group as shown in the boxes above. Enter here and in block 4, line 2 of space L (page 7) $_______________________