80 FR 22417 - Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 80, Issue 77 (April 22, 2015)
Copyright Royalty Board
Federal Register Volume 80, Issue 77 (April 22, 2015)
| Page Range | 22417-22418 | |
| FR Document | 2015-09284 |
[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)] [Rules and Regulations] [Pages 22417-22418] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09284] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 386 [Docket No. 15-CRB-0009 SA (2015)] Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 1.7% in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2013 to October 2014. DATES: Effective Date: April 22, 2015. Applicability Dates: These rates are applicable to the period January 1, 2015, through December 31, 2015. FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, CRB Program Specialist, by telephone at (202) 707-7658 or by email at [email protected]. SUPPLEMENTARY INFORMATION: The satellite carrier compulsory license establishes a statutory copyright licensing scheme for the retransmission of distant television programming by satellite carriers. 17 U.S.C. 119. Congress created the license in 1988 and has reauthorized the license for additional five-year periods, most recently with the passage of the STELA Reauthorization Act of 2014, Public Law 113-200. On August 31, 2010, the Copyright Royalty Judges (Judges) adopted rates for the section 119 compulsory license for the 2010-2014 term. See 75 FR 53198. The rates were proposed by Copyright Owners and Satellite Carriers \1\ and were unopposed. Id. Section 119(c)(2) of the Copyright Act provides that, effective January 1 of each year, the Judges shall adjust the royalty [[Page 22418]] fee payable under Section 119(b)(1)(B) ``to reflect any changes occurring in the cost of living as determined by the most recent Consumer Price Index (for all consumers and for all items) [CPI-U] published by the Secretary of Labor before December 1 of the preceding year.'' Section 119 also requires that ``[n]otification of the adjusted fees shall be published in the Federal Register at least 25 days before January 1.'' 17 U.S.C. 119(c)(2). Today's notice fulfills this notice obligation.\2\ --------------------------------------------------------------------------- \1\ Program Suppliers and Joint Sports Claimants comprised the Copyright Owners while DIRECTV, Inc., DISH Network, LLC, and National Programming Service, LLC, comprised the Satellite Carriers. \2\ Given passage of the act extending the Section 119 license in December 2014, publication of the rate adjustment 25 days prior to January 1, 2015, would have been impracticable, if not impossible. On March 30, 2015, the Judges published notice of the commencement of a proceeding to set rates under section 119 of the Copyright Act, but subsequently withdrew the notice after determining that the reauthorization of STELA obviated the need for a rate proceeding. --------------------------------------------------------------------------- The change in the cost of living as determined by the CPI-U during the period from the most recent index published before December 1, 2013, to the most recent index published before December 1, 2014, is 1.7%.\3\ Application of the 1.7% COLA to the current rate for the secondary transmission of broadcast stations by satellite carriers for private home viewing--27 cents per subscriber per month -- results in a rate of 27 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(1). Application of the 1.7% COLA to the current rate for viewing in commercial establishments--55 cents per subscriber per month--results in an adjusted rate of 56 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(2). --------------------------------------------------------------------------- \3\ On November 20, 2014, the Bureau of Labor Statistics announced that the CPI-U increased 1.7% over the last 12 months. --------------------------------------------------------------------------- List of Subjects in 37 CFR Part 386 Copyright, Satellite, Television. Final Regulations In consideration of the foregoing, the Judges amend part 386 of title 37 of the Code of Federal Regulations as follows: PART 386--ADJUSTMENT OF ROYALTY FEES FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS 0 1. The authority citation for part 386 continues to read as follows: Authority: 17 U.S.C. 119(c), 801(b)(1). 0 2. Section 386.2 is amended by adding paragraphs (b)(1)(vi) and (b)(2)(vi) to read as follows: Sec. 386.2 Royalty fee for secondary transmission by satellite carriers. * * * * * (b) * * * (1) * * * (vi) 2015: 27 cents per subscriber per month (for each month of 2015).\1\ --------------------------------------------------------------------------- \1\ This is the 2014 rate adjusted for the amount of inflation as measured by the change in the Consumer Price Index for All Urban Consumers All Items from October 2013 to October 2014. --------------------------------------------------------------------------- (2) * * * (vi) 2015: 56 cents per subscriber per month (for each month of 2015).\2\ --------------------------------------------------------------------------- \2\ This is the 2014 rate adjusted for the amount of inflation as measured by the change in the Consumer Price Index for All Urban Consumers All Items from October 2013 to October 2014. Dated: April 16, 2015. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2015-09284 Filed 4-21-15; 8:45 am] BILLING CODE 1410-72-P
![Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Rules and Regulations 22417
(2) A group application submitted by existing program that has been modified contracts in connection with the
a consortium of eligible entities that to be culturally appropriate for Indian administration of the grant.
meets the requirements of 34 CFR students; (b) For purposes of this section, an
75.127 through 75.129 or submitted by (4) A description of how the applicant Indian is a member of any federally
a partnership if the consortium or will continue the proposed activities recognized Indian tribe.
partnership— once the grant period is over; and (Authority: 25 U.S.C. 450b, 450e(b)).
(i) Includes an Indian tribe, Indian (5) Other assurances and information [FR Doc. 2015–09396 Filed 4–21–15; 8:45 am]
organization, or Indian institution of as the Secretary may reasonably require. BILLING CODE 4000–01–P
higher education; and (b) The Secretary may require an
(ii) Is not eligible to receive the applicant to satisfy any of the
preference in paragraph (b)(1) of this requirements in this paragraph. When LIBRARY OF CONGRESS
section. inviting applications for a competition
(c) The Secretary may give priority to under the Demonstration Grants Copyright Royalty Board
an application that meets any of the program, the Secretary establishes the
priorities listed in this paragraph. When application requirements through a 37 CFR Part 386
inviting applications for a competition notice inviting applications published
under the Demonstration Grants in the Federal Register. If specified in [Docket No. 15–CRB–0009 SA (2015)]
program, the Secretary designates the the notice inviting applications, an
type of each priority as absolute, Cost of Living Adjustment to Satellite
applicant must submit—
competitive preference, or invitational Carrier Compulsory License Royalty
(1) Evidence, which could be either a
through a notice inviting applications Rates
needs assessment conducted within the
published in the Federal Register. The last three years or other data analysis, AGENCY: Copyright Royalty Board,
effect of each type of priority is of— Library of Congress.
described in 34 CFR 75.105. (i) The greatest barriers, both in and ACTION: Final rule.
(1) Native youth community projects. out of school, to the readiness of local
(2) Projects in which the applicant or Indian students for college and careers; SUMMARY: The Copyright Royalty Judges
one of its partners has received a grant (ii) Opportunities in the local announce a cost of living adjustment
in the last four years under a federal community to support Indian students; (COLA) of 1.7% in the royalty rates
program selected by the Secretary and and satellite carriers pay for a compulsory
announced in a notice inviting (iii) Existing local policies, programs, license under the Copyright Act. The
applications published in the Federal practices, service providers, and COLA is based on the change in the
Register. funding sources. Consumer Price Index from October
(3) Projects in which the applicant has (2) A copy of an agreement signed by 2013 to October 2014.
Department approval to consolidate the partners in the proposed project, DATES: Effective Date: April 22, 2015.
funding through a plan that complies identifying the responsibilities of each Applicability Dates: These rates are
with section 7116 of the ESEA or other partner in the project. The agreement applicable to the period January 1, 2015,
authority designated by the Secretary. can be either— through December 31, 2015.
(4) Projects that focus on a specific (i) A consortium agreement that meets FOR FURTHER INFORMATION CONTACT:
activity authorized in section 7121(c) of the requirements of 34 CFR 75.128, if LaKeshia Keys, CRB Program Specialist,
the ESEA as designated by the Secretary each of the entities are eligible entities by telephone at (202) 707–7658 or by
in the notice inviting applications. under this program; or email at crb@loc.gov.
(5) Projects that include either— (ii) Another form of partnership
(i) An LEA that is eligible under the SUPPLEMENTARY INFORMATION: The
agreement, such as a memorandum of satellite carrier compulsory license
Small Rural School Achievement understanding or a memorandum of
(SRSA) program or the Rural and Low- establishes a statutory copyright
agreement, if not all the partners are licensing scheme for the retransmission
Income School (RLIS) program eligible entities under this program.
authorized under title VI, part B of the of distant television programming by
(3) A plan, which includes satellite carriers. 17 U.S.C. 119.
ESEA; or measurable objectives, to evaluate
(ii) A BIE-funded school that is Congress created the license in 1988 and
reaching the project goal or goals. has reauthorized the license for
located in an area designated with
locale code of either 42 or 43 as § 263.23 What is the Federal requirement additional five-year periods, most
designated by the U.S. Census Bureau. for Indian hiring preference that applies to recently with the passage of the STELA
these grants? Reauthorization Act of 2014, Public Law
(Authority: 20 U.S.C. 7426, 7441, and 7473) 113–200.
(a) Awards that are primarily for the
§ 263.22 What are the application benefit of Indians are subject to the On August 31, 2010, the Copyright
requirements for these grants? provisions of section 7(b) of the Indian Royalty Judges (Judges) adopted rates
(a) Each application must contain— Self-Determination and Education for the section 119 compulsory license
(1) A description of how Indian tribes Assistance Act (Pub. L. 93–638). That for the 2010–2014 term. See 75 FR
and parents of Indian children have section requires that, to the greatest 53198. The rates were proposed by
been, and will be, involved in extent feasible, a grantee— Copyright Owners and Satellite
developing and implementing the (1) Give to Indians preferences and Carriers 1 and were unopposed. Id.
proposed activities; opportunities for training and Section 119(c)(2) of the Copyright Act
mstockstill on DSK4VPTVN1PROD with RULES
(2) Assurances that the applicant will employment in connection with the provides that, effective January 1 of each
participate, at the request of the administration of the grant; and year, the Judges shall adjust the royalty
Secretary, in any national evaluation of (2) Give to Indian organizations and to
1 Program Suppliers and Joint Sports Claimants
this program; Indian-owned economic enterprises, as
comprised the Copyright Owners while DIRECTV,
(3) Information demonstrating that the defined in section 3 of the Indian Inc., DISH Network, LLC, and National
proposed project is based on scientific Financing Act of 1974 (25 U.S.C. Programming Service, LLC, comprised the Satellite
research, where applicable, or an 1452(e)), preference in the award of Carriers.
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![22418 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Rules and Regulations
fee payable under Section 119(b)(1)(B) (b) * * * Unit I.C. of the SUPPLEMENTARY
‘‘to reflect any changes occurring in the (1) * * * INFORMATION).
cost of living as determined by the most (vi) 2015: 27 cents per subscriber per ADDRESSES: The docket for this action,
recent Consumer Price Index (for all month (for each month of 2015).1 identified by docket identification (ID)
consumers and for all items) [CPI–U] (2) * * * number EPA–HQ–OPP–2014–0339, is
published by the Secretary of Labor (vi) 2015: 56 cents per subscriber per available at http://www.regulations.gov
before December 1 of the preceding month (for each month of 2015).2 or at the Office of Pesticide Programs
year.’’ Section 119 also requires that Dated: April 16, 2015. Regulatory Public Docket (OPP Docket)
‘‘[n]otification of the adjusted fees shall Suzanne M. Barnett, in the Environmental Protection Agency
be published in the Federal Register at Docket Center (EPA/DC), West William
Chief Copyright Royalty Judge.
least 25 days before January 1.’’ 17 Jefferson Clinton Bldg., Rm. 3334, 1301
[FR Doc. 2015–09284 Filed 4–21–15; 8:45 am]
U.S.C. 119(c)(2). Today’s notice fulfills Constitution Ave. NW., Washington, DC
this notice obligation.2 BILLING CODE 1410–72–P
20460–0001. The Public Reading Room
The change in the cost of living as is open from 8:30 a.m. to 4:30 p.m.,
determined by the CPI–U during the Monday through Friday, excluding legal
period from the most recent index ENVIRONMENTAL PROTECTION
holidays. The telephone number for the
published before December 1, 2013, to AGENCY
Public Reading Room is (202) 566–1744,
the most recent index published before and the telephone number for the OPP
December 1, 2014, is 1.7%.3 Application 40 CFR Part 90
Docket is (703) 305–5805. Please review
of the 1.7% COLA to the current rate for Control of Emissions From Nonroad the visitor instructions and additional
the secondary transmission of broadcast Spark-Ignition Engines at or Below 19 information about the docket available
stations by satellite carriers for private Kilowatts at http://www.epa.gov/dockets.
home viewing—27 cents per subscriber FOR FURTHER INFORMATION CONTACT:
per month — results in a rate of 27 cents CFR Correction Susan Lewis, Registration Division
per subscriber per month (rounded to (7505P), Office of Pesticide Programs,
the nearest cent). See 37 CFR ■ In Title 40 of the Code of Federal
Regulations, Parts 87 to 95, revised as of Environmental Protection Agency, 1200
386.2(b)(1). Application of the 1.7% Pennsylvania Ave. NW., Washington,
COLA to the current rate for viewing in July 1, 2014, on page 199, in § 90.116,
after paragraph (a) and before the first DC 20460–0001; main telephone
commercial establishments—55 cents number: (703) 305–7090; email address:
per subscriber per month—results in an paragraph (1), add paragraph (b)
introductory text to read as follows: ‘‘(b) RDFRNotices@epa.gov.
adjusted rate of 56 cents per subscriber
Engines will be divided into classes by SUPPLEMENTARY INFORMATION:
per month (rounded to the nearest cent).
See 37 CFR 386.2(b)(2). the following:’’. I. General Information
[FR Doc. 2015–09241 Filed 4–21–15; 8:45 am]
List of Subjects in 37 CFR Part 386 BILLING CODE 1505–01–D
A. Does this action apply to me?
Copyright, Satellite, Television. You may be potentially affected by
this action if you are an agricultural
Final Regulations ENVIRONMENTAL PROTECTION producer, food manufacturer, or
In consideration of the foregoing, the AGENCY pesticide manufacturer. The following
Judges amend part 386 of title 37 of the list of North American Industrial
Code of Federal Regulations as follows: 40 CFR Part 180 Classification System (NAICS) codes is
[EPA–HQ–OPP–2014–0339; FRL–9923–57] not intended to be exhaustive, but rather
PART 386—ADJUSTMENT OF provides a guide to help readers
ROYALTY FEES FOR SECONDARY Saflufenacil; Pesticide Tolerances determine whether this document
TRANSMISSIONS BY SATELLITE applies to them. Potentially affected
CARRIERS AGENCY: Environmental Protection
entities may include:
Agency (EPA). • Crop production (NAICS code 111).
■ 1. The authority citation for part 386 ACTION: Final rule. • Animal production (NAICS code
continues to read as follows: 112).
Authority: 17 U.S.C. 119(c), 801(b)(1). SUMMARY: This regulation establishes • Food manufacturing (NAICS code
tolerances for residues of saflufenacil in 311).
■ 2. Section 386.2 is amended by adding
paragraphs (b)(1)(vi) and (b)(2)(vi) to
or on alfalfa, forage and alfalfa, hay. • Pesticide manufacturing (NAICS
BASF Corporation requested these code 32532).
read as follows: tolerances under the Federal Food,
§ 386.2 Royalty fee for secondary Drug, and Cosmetic Act (FFDCA). B. How can I get electronic access to
transmission by satellite carriers. other related information?
DATES: This regulation is effective April
* * * * * 22, 2015. Objections and requests for You may access a frequently updated
hearings must be received on or before electronic version of EPA’s tolerance
2 Given passage of the act extending the Section
June 22, 2015, and must be filed in regulations at 40 CFR part 180 through
119 license in December 2014, publication of the accordance with the instructions the Government Publishing Office’s e-
rate adjustment 25 days prior to January 1, 2015, CFR site at http://www.ecfr.gov/cgi-bin/
would have been impracticable, if not impossible. provided in 40 CFR part 178 (see also
text-idx?&c=ecfr&tpl=/ecfrbrowse/
mstockstill on DSK4VPTVN1PROD with RULES
On March 30, 2015, the Judges published notice of
the commencement of a proceeding to set rates 1 This is the 2014 rate adjusted for the amount of Title40/40tab_02.tpl.
under section 119 of the Copyright Act, but inflation as measured by the change in the
subsequently withdrew the notice after determining Consumer Price Index for All Urban Consumers All C. How can I file an objection or hearing
that the reauthorization of STELA obviated the need Items from October 2013 to October 2014. request?
for a rate proceeding. 2 This is the 2014 rate adjusted for the amount of
3 On November 20, 2014, the Bureau of Labor inflation as measured by the change in the
Under FFDCA section 408(g), 21
Statistics announced that the CPI–U increased 1.7% Consumer Price Index for All Urban Consumers All U.S.C. 346a, any person may file an
over the last 12 months. Items from October 2013 to October 2014. objection to any aspect of this regulation
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Document Created: 2015-12-16 08:27:42
Document Modified: 2015-12-16 08:27:42
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Contact | LaKeshia Keys, CRB Program Specialist, by telephone at (202) 707-7658 or by email at [email protected] | |
| FR Citation | 80 FR 22417 | |
| CFR Associated | Copyright; Satellite and Television |
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