PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON DC 20554 __________________DA 96-1813 News media information 20Z'418-0500Fax-Oa-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.tcc.gov———————— Released: November 1, 1996 By the Mass Media Bureau: MASS MEDIA BUREAU REMINDS LICENSEES THAT ISSUANCE OF A BTA AUTHORIZATION TRIGGERS COPYRIGHT RESPONSIBILITIES Rand McNally & Company is the copyright owner of the Basic Trading Area (BTA) and Major Trading Area (MTA) Listings, which list the counties contained in each BTA, as embodied in Rand McNally's Trading Area System Diskette and geographically represented in the map contained in Rand McNally's Commercial Atlas & Marketing Guide. Rand McNally has licensed the use of its copyrighted MTA/BTA listings and maps for certain services such as Personal Communications Services, 800 MHz Specialized Mobile Radio Services and Local Multipoint Distribution Services. Similarly, on September 18, 1995. Rand McNally reached an agreement with the Wireless Cable Association (WCA) for a blanket copyright license for the conditional use of the copyrighted material in the Multipoint Distribution Service (MDS). This agreement authorizes the conditional use of Rand McNally's copyrighted material by Commission licensees and requires interested persons using the material to include a legend on reproductions (as specified in the license agreement) indicating Rand McNally's ownership, and provides for a payment of a one time license fee to Rand McNally. Under the terms of the WCA license agreement, license fees are to be paid within ten business days after the date that MDS BTA authorizations(s) are issued by the Commission. In recognition of Rand McNally's interests, the Commission has noted that an MDS BTA authorization grantee who does not obtain a copyright license (either through a blanket license agreement or some other agreement) from Rand McNally, for the use of the copyrighted material, may not rely on the grant of a BTA-based authorization from the Commission as a defense against any claim of copyright infringement brought by Rand McNally against such grantee. See In Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service and Implementation of Section 309(f) of the Communications Act — Competitive Bidding, Report and Order, 10 FCC Red 9589, 9608 (1995). The MTA/BTA Listings, the MTA/BTA Map and the license agreements noted above are available for public inspection at the MDS public reference room, Room 207,2033 M Street, N.W, Washington, D.C. For further information please contact Charles E. Dziedzic at (202) 418-1600. 22429