80 FR 11690 - Distribution of 2013 Cable Royalty Funds
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 80, Issue 42 (March 4, 2015)
Copyright Royalty Board
Federal Register Volume 80, Issue 42 (March 4, 2015)
| Page Range | 11690-11691 | |
| FR Document | 2015-04509 |
[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)] [Notices] [Pages 11690-11691] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04509] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 14-CRB-0010-CD (2013)] Distribution of 2013 Cable Royalty Funds AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Notice requesting comments. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges solicit comments on a motion of Phase I claimants for partial distribution of 2013 cable royalty funds. DATES: Comments are due on or before April 3, 2015. ADDRESSES: Interested parties may submit comments electronically to crb@loc.gov. In the alternative, interested parties may send an original, five copies, and an electronic copy on a CD either by mail or hand delivery. Commenters shall not use multiple means of transmission. Interested parties may not deliver comments by an overnight delivery service other than the U.S. Postal Service Express Mail. If commenters use U.S. mail (including overnight delivery), the appropriate address is: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If a private party delivers comments by hand, they must be brought to the Library of Congress, James Madison Memorial Building, LM-401, 101 Independence Avenue SE., Washington, DC 20559-6000. If a party delivers comments by a commercial courier, the comments must go to the Congressional Courier Acceptance Site located at 2nd and D Streets NE., Washington, DC, in an envelope addressed to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM-403, 101 Independence Avenue SE., Washington, DC 20559-6000. FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by telephone at (202) 707-7658 or email at crb@loc.gov. SUPPLEMENTARY INFORMATION: Each year cable systems must submit royalty payments to the Register of Copyrights as required by the statutory license set forth in section 111 of the Copyright Act for the retransmission to cable subscribers of over-the-air television and radio broadcast signals. See 17 U.S.C. 111(d). The Copyright Royalty Judges (Judges) oversee distribution of royalties to copyright owners whose works were included in a qualifying transmission and who timely filed a claim for royalties. Allocation of the royalties collected occurs in one of two ways. In the first instance, the Judges may authorize distribution in accordance with a negotiated settlement among all claiming parties. 17 U.S.C. 111(d)(4)(A). If all claimants do not reach agreement with respect to the royalties, the Judges must conduct a proceeding to determine the distribution of any royalties that remain in controversy. 17 U.S.C. 111(d)(4)(B). Alternatively, the Judges may, on motion of claimants and on notice to all interested parties, authorize a partial distribution of royalties, reserving on deposit sufficient funds to resolve identified disputes. 17 U.S.C. 111(d)(4)(C), 801(b)(3)(C). On January 21, 2015, representatives of the Phase I claimant categories (the ``Phase I Claimants'') \1\ filed with the Judges a motion requesting a partial distribution amounting to 60% of the 2013 cable royalty funds pursuant to section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 801(b)(3)(C). That section [[Page 11691]] requires that, before ruling on the motion, the Judges publish a notice in the Federal Register seeking responses to the motion for partial distribution to ascertain whether any claimant entitled to receive the subject royalties has a reasonable objection to the requested distribution. Accordingly, this Notice seeks comments from interested claimants on whether any reasonable objection exists that would preclude the distribution of 60% of the 2013 cable royalty funds to the Phase I Claimants. Parties making objection to the partial distribution must advise the Judges of the existence and extent of all objections by the end of the comment period. The Judges will not consider any objections with respect to the partial distribution motion that come to their attention after the close of the comment period. --------------------------------------------------------------------------- \1\ The ``Phase I Claimants'' are Program Suppliers, Joint Sports Claimants, Public Television Claimants (represented by Public Broadcasting Service), Commercial Television Claimants (represented by National Association of Broadcasters), Music Claimants (represented by American Society of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.), Canadian Claimants Group, National Public Radio, and Devotional Claimants. In what has become known as Phase I of a cable royalty distribution proceeding, the Judges allocate royalties among certain categories of claimants whose broadcast programming has been retransmitted by cable systems. The Phase I Claimants who are the moving parties in this requested partial distribution represent the traditional claimant categories. The Judges have not and do not by this notice determine the universe of claimant categories for 2013 cable retransmission royalties. In Phase II of a cable royalty distribution proceeding, the Judges determine how the allocated royalties are to be distributed among claimants within each of the Phase I categories. --------------------------------------------------------------------------- The Judges have caused the Motion of the Phase I Claimants for Partial Distribution to be posted on the Copyright Royalty Board Web site at http://www.loc.gov/crb. Dated: February 26, 2015. Suzanne M. Barnett, Chief U.S. Copyright Royalty Judge. [FR Doc. 2015-04509 Filed 3-3-15; 8:45 am] BILLING CODE 1410-72-P
![11690 Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices
copy of the consent decree upon written During the public comment period, addressed to: Copyright Royalty Board,
request and payment of reproduction the consent decree may be examined Library of Congress, James Madison
costs. Please mail your request and and downloaded at this Justice Memorial Building, LM–403, 101
payment to: Consent Decree Library, Department Web site: http:// Independence Avenue SE., Washington,
U.S. DOJ—ENRD, P.O. Box 7611, www.usdoj.gov/enrd/ DC 20559–6000.
Washington, DC 20044–7611. Consent_Decrees.html. We will provide FOR FURTHER INFORMATION CONTACT:
Please enclose a check or money order a paper copy of the consent decree upon LaKeshia Keys, Program Specialist, by
for $6.25 (25 cents per page written request and payment of telephone at (202) 707–7658 or email at
reproduction cost) payable to the United reproduction costs. Please mail your crb@loc.gov.
States Treasury. request and payment to: Consent Decree SUPPLEMENTARY INFORMATION: Each year
Library, U.S. DOJ—ENRD, P.O. Box cable systems must submit royalty
Henry Friedman,
7611, Washington, DC 20044–7611. payments to the Register of Copyrights
Assistant Section Chief, Environmental Please enclose a check or money order
Enforcement Section, Environment and as required by the statutory license set
Natural Resources Division.
for $6.50 (25 cents per page forth in section 111 of the Copyright Act
reproduction cost) payable to the United for the retransmission to cable
[FR Doc. 2015–04417 Filed 3–3–15; 8:45 am]
States Treasury. subscribers of over-the-air television
BILLING CODE 4410–15–P
Henry Friedman, and radio broadcast signals. See 17
Assistant Section Chief, Environmental
U.S.C. 111(d). The Copyright Royalty
DEPARTMENT OF JUSTICE Enforcement Section, Environment and Judges (Judges) oversee distribution of
Natural Resources Division. royalties to copyright owners whose
Notice of Lodging of Proposed [FR Doc. 2015–04418 Filed 3–3–15; 8:45 am]
works were included in a qualifying
Consent Decree Under the Resource transmission and who timely filed a
BILLING CODE 4410–15–P
Conservation and Recovery Act claim for royalties. Allocation of the
royalties collected occurs in one of two
On February 26, 2015, the Department ways. In the first instance, the Judges
of Justice lodged a proposed consent LIBRARY OF CONGRESS may authorize distribution in
decree with the United States District accordance with a negotiated settlement
Court for the District of Nevada in the Copyright Royalty Board
among all claiming parties. 17 U.S.C.
lawsuit entitled United States and State [Docket No. 14–CRB–0010–CD (2013)] 111(d)(4)(A). If all claimants do not
of Nevada v. Barrick Goldstrike Mines, reach agreement with respect to the
Inc., Civil Action No. 3:15-cv-0017– Distribution of 2013 Cable Royalty royalties, the Judges must conduct a
RCJ–VPC. Funds proceeding to determine the distribution
In this action, the United States and of any royalties that remain in
AGENCY: Copyright Royalty Board,
the State of Nevada filed a complaint controversy. 17 U.S.C. 111(d)(4)(B).
Library of Congress.
under the Resource Conservation and Alternatively, the Judges may, on
ACTION: Notice requesting comments.
Recovery Act, 42 U.S.C. 6901 et seq., motion of claimants and on notice to all
and the State of Nevada’s Disposal of SUMMARY: The Copyright Royalty Judges interested parties, authorize a partial
Hazardous Waste statutes, set forth at solicit comments on a motion of Phase distribution of royalties, reserving on
Title 40 (‘‘Public Health and Safety’’), I claimants for partial distribution of deposit sufficient funds to resolve
Chapter 459 (‘‘Hazardous Materials’’) of 2013 cable royalty funds. identified disputes. 17 U.S.C.
the Nevada Revised Statutes (NRS DATES: Comments are due on or before 111(d)(4)(C), 801(b)(3)(C).
459.400 to 459.600) alleging violations April 3, 2015. On January 21, 2015, representatives
at a gold mining and processing facility of the Phase I claimant categories (the
ADDRESSES: Interested parties may
located near Elko, Nevada. The consent ‘‘Phase I Claimants’’) 1 filed with the
submit comments electronically to crb@
decree requires Barrick to pay a civil Judges a motion requesting a partial
loc.gov. In the alternative, interested
penalty of $196,000.00. distribution amounting to 60% of the
parties may send an original, five
The publication of this notice opens 2013 cable royalty funds pursuant to
copies, and an electronic copy on a CD
a period for public comment on the section 801(b)(3)(C) of the Copyright
either by mail or hand delivery.
consent decree. Comments should be Act. 17 U.S.C. 801(b)(3)(C). That section
Commenters shall not use multiple
addressed to the Assistant Attorney
means of transmission. Interested
General, Environment and Natural 1 The ‘‘Phase I Claimants’’ are Program Suppliers,
parties may not deliver comments by an Joint Sports Claimants, Public Television Claimants
Resources Division, and should refer to
overnight delivery service other than the (represented by Public Broadcasting Service),
United States v. Barrick Goldstrike Commercial Television Claimants (represented by
U.S. Postal Service Express Mail. If
Mines, Inc., D.J. Ref. No. 90–7–1–10581. National Association of Broadcasters), Music
commenters use U.S. mail (including
All comments must be submitted no Claimants (represented by American Society of
overnight delivery), the appropriate Composers, Authors and Publishers, Broadcast
later than thirty (30) days after the
address is: Copyright Royalty Board, Music, Inc., and SESAC, Inc.), Canadian Claimants
publication date of this notice. Group, National Public Radio, and Devotional
P.O. Box 70977, Washington, DC 20024–
Comments may be submitted either by Claimants. In what has become known as Phase I
0977. If a private party delivers
email or by mail: of a cable royalty distribution proceeding, the
comments by hand, they must be Judges allocate royalties among certain categories of
To submit brought to the Library of Congress, claimants whose broadcast programming has been
Send them to: retransmitted by cable systems. The Phase I
mstockstill on DSK4VPTVN1PROD with NOTICES
comments: James Madison Memorial Building, LM–
Claimants who are the moving parties in this
401, 101 Independence Avenue SE., requested partial distribution represent the
By email ....... pubcomment- Washington, DC 20559–6000. If a party traditional claimant categories. The Judges have not
ees.enrd@usdoj.gov. delivers comments by a commercial and do not by this notice determine the universe
By mail ......... Assistant Attorney General, courier, the comments must go to the of claimant categories for 2013 cable retransmission
U.S. DOJ—ENRD, P.O. Congressional Courier Acceptance Site royalties. In Phase II of a cable royalty distribution
Box 7611, Washington, DC proceeding, the Judges determine how the allocated
20044–7611.
located at 2nd and D Streets NE., royalties are to be distributed among claimants
Washington, DC, in an envelope within each of the Phase I categories.
VerDate Sep<11>2014 18:11 Mar 03, 2015 Jkt 235001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1](https://thefederalregister.org/doc/80_FR_11732/page/1.svg)
![Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices 11691
requires that, before ruling on the ADDRESSES: Please refer to Docket ID of such inquiries. This ISG is intended
motion, the Judges publish a notice in NRC–2015–0045 when contacting the to enhance the NRC’s financial review
the Federal Register seeking responses NRC about the availability of guidance presented in Section III(1)(d)—
to the motion for partial distribution to information regarding this document. Post-OL Non-transfer Reviews, of
ascertain whether any claimant entitled You may obtain publicly-available NUREG–1577, Revision 1, ‘‘Standard
to receive the subject royalties has a information related to this document Review Plan on Power Reactor Licensee
reasonable objection to the requested using any of the following methods: Financial Qualifications and
distribution. Accordingly, this Notice • Federal Rulemaking Web site: Go to Decommissioning Funding Assurance,’’
seeks comments from interested http://www.regulations.gov and search dated December 2001, (ADAMS
claimants on whether any reasonable for Docket ID NRC–2015–0045. Address Accession No. ML013330264). The
objection exists that would preclude the questions about NRC dockets to Carol guidance in this ISG will be included in
distribution of 60% of the 2013 cable Gallagher; telephone: 301–415–3463; the next update to NUREG–1577.
royalty funds to the Phase I Claimants. email: Carol.Gallagher@nrc.gov. For
Parties making objection to the partial technical questions, contact the II. Backfitting and Issue Finality
distribution must advise the Judges of individual listed in the FOR FURTHER The NRC is issuing interim guidance
the existence and extent of all objections INFORMATION CONTACT section of this
for the NRC staff regarding its review of
by the end of the comment period. The document. operating power reactor licensees’
Judges will not consider any objections • NRC’s Agencywide Documents
financial information. Issuance of the
with respect to the partial distribution Access and Management System
ISG does not constitute backfitting as
motion that come to their attention after (ADAMS): You may obtain publicly
defined in § 50.109 of Title 10 of the
the close of the comment period. available documents online in the
Code of Federal Regulations (10 CFR)
The Judges have caused the Motion of ADAMS Public Documents collection at
(the Backfit Rule) and is not otherwise
the Phase I Claimants for Partial http://www.nrc.gov/reading-rm/
inconsistent with the issue finality
Distribution to be posted on the adams.html. To begin the search, select
provisions in 10 CFR part 52. The NRC’s
Copyright Royalty Board Web site at ‘‘ADAMS Public Documents’’ and then
position is based upon the following
http://www.loc.gov/crb. select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS, considerations.
Dated: February 26, 2015.
please contact the NRC’s Public 1. The ISG positions do not constitute
Suzanne M. Barnett,
Document Room (PDR) reference staff at backfitting, inasmuch as the ISG is
Chief U.S. Copyright Royalty Judge. internal guidance to NRC staff.
1–800–397–4209, 301–415–4737, or by
[FR Doc. 2015–04509 Filed 3–3–15; 8:45 am]
email to pdr.resource@nrc.gov. The The ISG provides interim guidance to
BILLING CODE 1410–72–P ADAMS accession number for each the NRC staff on how to review
document referenced in this notice (if licensees’ financial information and
that document is available in ADAMS) request additional financial information.
NUCLEAR REGULATORY is provided the first time that a Changes in internal staff guidance are
COMMISSION document is referenced. The ISG is not matters for which applicants or
available in ADAMS under Accession licensees are protected under 10 CFR
[NRC–2015–0045]
No. ML14218A625. 50.109 or issue finality provisions in 10
Reviewing and Assessing the Financial • NRC’s PDR: You may examine and CFR part 52.
Condition of Operating Power Reactor purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One 2. The NRC has no intention to
Licensees, Including Requests for impose the ISG on existing nuclear
Additional Information White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852. power plant licenses either now or in the
AGENCY: Nuclear Regulatory future (absent a voluntary request for
FOR FURTHER INFORMATION CONTACT:
Commission. change from the licensee).
Richard Turtil, Office of Nuclear Reactor
ACTION: Interim staff guidance; issuance. Regulation, U.S. Nuclear Regulatory The NRC staff does not intend to
Commission, Washington, DC 20555– impose or apply the positions described
SUMMARY: The U.S. Nuclear Regulatory 0001; telephone: 301–415–2308; email: in the ISG to existing (already issued)
Commission (NRC) is issuing Interim Richard.Turtil@nrc.gov. licenses (e.g., operating licenses and
Staff Guidance (ISG), OL/FR–ISG–2014– combined licenses). Hence, the ISG—
SUPPLEMENTARY INFORMATION:
01, ‘‘Reviewing and Assessing the even if considered guidance which is
Financial Condition of Operating Power I. Discussion within the purview of the issue finality
Reactor Licensees, Including Requests The purpose of this ISG is to clarify provisions in 10 CFR part 52—need not
for Additional Information,’’ dated the process by which the NRC will be evaluated as if it were a backfit or as
February 17, 2015. The ISG provides review financial conditions of, and being inconsistent with issue finality
clarifying guidance to the NRC staff financial concerns about, currently provisions.
when reviewing licensee financial operating power reactor licensees. This Even if, in the future, the NRC staff
information, and when requesting guidance is intended to provide seeks to impose a position in the ISG on
additional information regarding consistency and transparency with holders of already issued licenses, such
licensee financial conditions, as regard to the NRC’s financial review imposition would not provide any basis
authorized under the NRC’s regulations.
mstockstill on DSK4VPTVN1PROD with NOTICES
process for licensees (in the absence of for the Backfit Rule or issue finality
Such review and inquiry are performed a license transfer or other similar provisions to apply. The ISG concerns,
by NRC staff for currently operating licensing action). It addresses the NRC’s in part, the NRC’s request for operating
power reactor licensees, absent a basis for financial Requests for power reactor licensees’ financial
licensing action such as a license Additional Information from licensees information. Information collection and
transfer. during operations, the NRC staff’s reporting requirements such as these are
DATES: The ISG is available March 4, evaluation of Requests for Additional not subject to the Backfit Rule and issue
2015. Information responses, and the closure finality provisions.
VerDate Sep<11>2014 18:11 Mar 03, 2015 Jkt 235001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1](https://thefederalregister.org/doc/80_FR_11732/page/2.svg)
Document Created: 2018-02-21 09:32:03
Document Modified: 2018-02-21 09:32:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice requesting comments. | |
| Dates | Comments are due on or before April 3, 2015. | |
| Contact | LaKeshia Keys, Program Specialist, by telephone at (202) 707-7658 or email at [email protected] | |
| FR Citation | 80 FR 11690 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR