80_FR_35521 80 FR 35403 - Adjustment of Cable Statutory License Royalty Rates

80 FR 35403 - Adjustment of Cable Statutory License Royalty Rates

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 80, Issue 118 (June 19, 2015)

Page Range35403-35404
FR Document2015-15137

The Copyright Royalty Judges (Judges) announce the commencement of a proceeding to adjust the rates for the cable statutory license described in section 111 of the Copyright Act. The Judges also announce the date by which a party who wishes to participate in the proceeding must file its Petition to Participate and pay the $150 filing fee.

Federal Register, Volume 80 Issue 118 (Friday, June 19, 2015)
[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Notices]
[Pages 35403-35404]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15137]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 15-CRB-0010-CA]


Adjustment of Cable Statutory License Royalty Rates

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice announcing commencement of proceeding with request for 
petitions to participate.

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SUMMARY: The Copyright Royalty Judges (Judges) announce the 
commencement of a proceeding to adjust the rates for the cable 
statutory license described in section 111 of the Copyright Act. The 
Judges also announce the date by which

[[Page 35404]]

a party who wishes to participate in the proceeding must file its 
Petition to Participate and pay the $150 filing fee.

DATES: Petitions to Participate and the filing fee are due no later 
than July 20, 2015.

ADDRESSES: This notice and request is also posted on the agency's Web 
site (www.loc.gov/crb) and on Regulations.gov (www.regulations.gov). 
Parties who plan to participate should see How to Submit Petitions to 
Participate in the Supplementary Information section below for physical 
addresses and further instructions.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, CRB Program Specialist, 
by telephone at (202) 707-7658, or by email at [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Section 111 of the Copyright Act grants a statutory copyright 
license to cable television systems for the retransmission of over-the-
air television and radio broadcast stations to their subscribers. 17 
U.S.C. 111(c). In exchange for the license, cable operators submit 
royalty payments and statements of account detailing their 
retransmissions semiannually to the Copyright Office. 17 U.S.C. 
111(d)(1). The Copyright Office deposits the royalties into the United 
States Treasury for later distribution to copyright owners of the 
broadcast programming that the cable systems retransmit. 17 U.S.C. 
111(d)(2).
    A cable system calculates its royalty payments in accordance with 
the statutory formula described in 17 U.S.C. 111(d)(1). Royalty rates 
are based upon a cable system's gross receipts from subscribers who 
receive retransmitted broadcast signals. For rate calculation purposes, 
cable systems are divided into three tiers based on their gross 
receipts (small, medium, and large). 17 U.S.C. 111(d)(1)(B) through 
(F). Both the applicable rates and the tiers are subject to adjustment. 
17 U.S.C. 801(b)(2). Every five years persons with a significant 
interest in the royalty rates may file petitions to initiate a 
proceeding to adjust the rates. 17 U.S.C. 804(a) and (b). No person 
with a significant interest has filed a petition to initiate a 
proceeding in 2015.\1\ The Judges must, therefore, publish notice in 
the Federal Register announcing the commencement of a proceeding and 
calling for Petitions to Participate. See 17 U.S.C. 803(b)(1).
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    \1\ The cable rates were last adjusted in 2005. Although the 
Judges commenced a rate proceeding relating to the 2010 rate 
adjustment, the Judges terminated it when passage of the Satellite 
Television Extension and Localism Act of 2010, Public Law 111-175, 
rendered the proceeding unnecessary. Order Granting Request to 
Terminate Proceeding, Docket No. 2010-1 CRB Cable Rate (July 13, 
2010).
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Petitions to Participate

    Parties filing Petitions to Participate must comply with the 
requirements of section 351.1(b) of the Copyright Royalty Board's 
regulations. 37 CFR 351.1(b).

How to Submit Petitions to Participate

    Any party wishing to participate in the proceeding to determine 
cable royalty rates for 2015 through 2019 shall submit to the Copyright 
Royalty Board the filing fee (US $150), an original Petition to 
Participate, five paper copies, and an electronic copy on a CD or other 
portable memory device in Portable Document Format (PDF) that contains 
searchable, accessible text (not a scanned image of text). Participants 
should conform filed electronic documents to the Judges' Guidelines for 
Electronic Documents posted online at www.loc.gov/crb/docs/Guidelinesfor_Electronic_Documents.pdf. Participants shall deliver 
Petitions to Participate to only one of the following addresses.
    U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 
20024-0977; or
    Overnight service (only USPS Express Mail is acceptable): Copyright 
Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or
    Commercial courier: Address package to: Copyright Royalty Board, 
Library of Congress, James Madison Memorial Building, LM-403, 101 
Independence Avenue SE., Washington, DC 20559-6000. Deliver to: 
Congressional Courier Acceptance Site, 2nd Street NE., and D Street 
NE., Washington, DC; or
    Hand delivery: Library of Congress, James Madison Memorial 
Building, LM-401, 101 Independence Avenue SE., Washington, DC 20559-
6000.

    Dated: June 16, 2015.
Jesse M. Feder,
Copyright Royalty Judge.
[FR Doc. 2015-15137 Filed 6-18-15; 8:45 am]
BILLING CODE 1410-72-P



                                                                                    Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Notices                                                  35403

                                                    collection burden is accurate. The                      technological information collection                   security procedures concerning the
                                                    Occupational Safety and Health Act of                   and transmission techniques.                           delivery of materials by hand, express
                                                    1970 (the OSH Act) (29 U.S.C. 651 et                                                                           delivery, messenger or courier service,
                                                                                                            III. Proposed Actions
                                                    seq.) authorizes information collection                                                                        please contact the OSHA Docket Office
                                                    by employers as necessary or                               OSHA is proposing to adjust the                     at (202) 693–2350, (TTY (877) 889–
                                                    appropriate for enforcement of the OSH                  information collection burden hour                     5627).
                                                    Act or for developing information                       requirements contained in the Agency’s                    Comments and submissions are
                                                    regarding the causes and prevention of                  Strategic Partnership Program for                      posted without change at http://
                                                    occupational injuries, illnesses, and                   Worker Safety and Health (5 CFR                        www.regulations.gov. Therefore, OSHA
                                                    accidents (29 U.S.C. 657). The OSH Act                  1320.5). The Agency is requesting to                   cautions commenters about submitting
                                                    also requires that OSHA obtain such                     decrease its current burden hour total                 personal information, such as their
                                                    information with minimum burden                         from 108,702 to 67,697 hours for a total               social security number and date of birth.
                                                    upon employers, especially those                        decrease of 41,005 hours. The decrease                 Although all submissions are listed in
                                                    operating small businesses, and to                      is a result of a decrease in the number                the http://www.regulations.gov index,
                                                    reduce to the maximum extent feasible                   of employers and participants. The                     some information (e.g., copyrighted
                                                    unnecessary duplication of efforts in                   Agency will summarize the comments                     material) is not publicly available to
                                                    obtaining information (29 U.S.C. 657).                  submitted in response to this notice and               read or download from this Web site.
                                                      The OSPP allows OSHA to enter into                    will include this summary in the                       All submissions, including copyrighted
                                                    an extended, voluntary, cooperative                     request to OMB.                                        material, are available for inspection
                                                    relationship with groups of employers,                     Type of Review: Extension of a                      and copying at the OSHA Docket Office.
                                                    employees, and representatives                          currently approved collection.                         Information on using the http://
                                                    (sometimes including other                                 Title: OSHA Strategic Partnership                   www.regulations.gov Web site to submit
                                                    stakeholders, and sometimes involving                   Program (OSPP) for Worker Safety and                   comments and access the docket is
                                                    only one employer) to encourage, assist                 Health.                                                available at the Web site’s ‘‘User Tips’’
                                                    and recognize their efforts to eliminate                   OMB Control Number: 1218–0244.                      link. Contact the OSHA Docket Office
                                                    serious hazards and to achieve a high                      Affected Public: Businesses or other                for information about materials not
                                                    level of worker safety and health that                  for-profits; Federal Government; State,                available from the Web site and for
                                                    goes beyond what historically has been                  Local or Tribal Government.                            assistance in using the Internet to locate
                                                    achieved from traditional enforcement                      Number of Respondents: 93.                          docket submissions.
                                                    methods. Each OSHA Strategic                               Frequency of Responses: On occasion.
                                                    Partnership (OSP) determines what                          Average Time per Response: Eleven                   V. Authority and Signature
                                                    information will be needed, determining                 (11) hours to develop the partnership                    David Michaels, Ph.D., MPH,
                                                    the best collection method, and                         requirements, craft agreement language,                Assistant Secretary of Labor for
                                                    clarifying how the information will be                  and conduct an internal review process.                Occupational Safety and Health,
                                                    used. At a minimum, each OSP must                          Estimated Total Burden Hours:
                                                                                                                                                                   directed the preparation of this notice.
                                                    identify baseline injury and illness data               67,697.
                                                                                                                                                                   The authority for this notice is the
                                                    corresponding to all summary line items                    Estimated Cost (Operation and
                                                                                                                                                                   Paperwork Reduction Act of 1995 (44
                                                    on the OSHA 300 logs, and must track                    Maintenance): $7,790.
                                                                                                                                                                   U.S.C. 3506 et seq.) and Secretary of
                                                    changes at either the worksite level or                 IV. Public Participation—Submission of                 Labor’s Order No. 1–2012 (77 FR 3912).
                                                    participant-aggregate level. An OSP may                 Comments on This Notice and Internet                     Signed at Washington, DC, on June 15,
                                                    also include other measures of success,                 Access to Comments and Submissions                     2015.
                                                    such as training activity, self-
                                                                                                              You may submit comments in                           David Michaels,
                                                    inspections, and/or workers’
                                                                                                            response to this document as follows:                  Assistant Secretary of Labor for Occupational
                                                    compensation data. In this regard, the
                                                                                                            (1) Electronically at http://                          Safety and Health.
                                                    information collection requirements for
                                                                                                            www.regulations.gov, which is the                      [FR Doc. 2015–15011 Filed 6–18–15; 8:45 am]
                                                    the OSPP are used by the Agency to
                                                                                                            Federal eRulemaking Portal; (2) by                     BILLING CODE 4510–26–P
                                                    gauge the effectiveness of its programs,
                                                                                                            facsimile (fax); or (3) by hard copy. All
                                                    identify needed improvements, and
                                                                                                            comments, attachments, and other
                                                    ensure that its resources are being used
                                                                                                            material must identify the Agency name                 LIBRARY OF CONGRESS
                                                    for good and effective purposes.
                                                                                                            and the OSHA docket number (Docket
                                                    II. Special Issues for Comment                          No. OSHA–2011–0861) for this ICR. You                  Copyright Royalty Board
                                                       OSHA has a particular interest in                    may supplement electronic submissions
                                                                                                            by uploading document files                            [Docket No. 15–CRB–0010–CA]
                                                    comments on the following issues:
                                                       • Whether the proposed information                   electronically. If you wish to mail                    Adjustment of Cable Statutory License
                                                    collection requirements are necessary                   additional materials in reference to an                Royalty Rates
                                                    for the proper performance of the                       electronic or a facsimile submission,
                                                    Agency’s functions, including whether                   you must submit them to the OSHA                       AGENCY:  Copyright Royalty Board,
                                                    the information is useful;                              Docket Office (see the section of this                 Library of Congress.
                                                       • The accuracy of OSHA’s estimate of                 notice titled ADDRESSES). The additional               ACTION: Notice announcing
                                                                                                            materials must clearly identify your
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    the burden (time and costs) of the                                                                             commencement of proceeding with
                                                    information collection requirements,                    electronic comments by your name,                      request for petitions to participate.
                                                    including the validity of the                           date, and the docket number so the
                                                    methodology and assumptions used;                       Agency can attach them to your                         SUMMARY:   The Copyright Royalty Judges
                                                       • The quality, utility, and clarity of               comments.                                              (Judges) announce the commencement
                                                    the information collected; and                            Because of security procedures, the                  of a proceeding to adjust the rates for
                                                       • Ways to minimize the burden on                     use of regular mail may cause a                        the cable statutory license described in
                                                    employers who must comply; for                          significant delay in the receipt of                    section 111 of the Copyright Act. The
                                                    example, by using automated or other                    comments. For information about                        Judges also announce the date by which


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                                                    35404                           Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Notices

                                                    a party who wishes to participate in the                announcing the commencement of a                       (MSPB) announces that it is planning to
                                                    proceeding must file its Petition to                    proceeding and calling for Petitions to                submit a request for a three-year
                                                    Participate and pay the $150 filing fee.                Participate. See 17 U.S.C. 803(b)(1).                  extension of an Information Collection
                                                    DATES: Petitions to Participate and the                                                                        Request (ICR) to the Office of
                                                                                                            Petitions to Participate
                                                    filing fee are due no later than July 20,                                                                      Management and Budget (OMB). Before
                                                    2015.                                                     Parties filing Petitions to Participate              submitting this ICR to OMB for review
                                                    ADDRESSES: This notice and request is
                                                                                                            must comply with the requirements of                   and approval, MSPB is soliciting
                                                    also posted on the agency’s Web site                    section 351.1(b) of the Copyright                      comments on specific aspects of the
                                                    (www.loc.gov/crb) and on                                Royalty Board’s regulations. 37 CFR                    proposed information collection as
                                                    Regulations.gov (www.regulations.gov).                  351.1(b).                                              described below.
                                                    Parties who plan to participate should                  How to Submit Petitions to Participate                 DATES: Written comments must be
                                                    see How to Submit Petitions to                                                                                 received on or before August 18, 2015.
                                                                                                              Any party wishing to participate in
                                                    Participate in the SUPPLEMENTARY                                                                               ADDRESSES: Submit written comments
                                                                                                            the proceeding to determine cable
                                                    INFORMATION section below for physical                                                                         on the collection of information to
                                                                                                            royalty rates for 2015 through 2019 shall
                                                    addresses and further instructions.                                                                            William D. Spencer, Merit Systems
                                                                                                            submit to the Copyright Royalty Board
                                                    FOR FURTHER INFORMATION CONTACT:                                                                               Protection Board, 1615 M Street NW.,
                                                                                                            the filing fee (US $150), an original
                                                    LaKeshia Keys, CRB Program Specialist,                                                                         Washington, DC 20419; by fax: (202)
                                                                                                            Petition to Participate, five paper copies,
                                                    by telephone at (202) 707–7658, or by                                                                          653–7130; or by email: mspb@mspb.gov.
                                                                                                            and an electronic copy on a CD or other
                                                    email at crb@loc.gov.                                   portable memory device in Portable                     FOR FURTHER INFORMATION CONTACT:
                                                    SUPPLEMENTARY INFORMATION:                              Document Format (PDF) that contains                    Requests for additional information
                                                                                                            searchable, accessible text (not a                     should be directed to Dr. DeeAnn Batten
                                                    Background                                                                                                     at (202) 254–4495 or deeann.batten@
                                                                                                            scanned image of text). Participants
                                                       Section 111 of the Copyright Act                                                                            mspb.gov.
                                                                                                            should conform filed electronic
                                                    grants a statutory copyright license to                                                                        SUPPLEMENTARY INFORMATION: Under the
                                                                                                            documents to the Judges’ Guidelines for
                                                    cable television systems for the                                                                               PRA (44 U.S.C. 3501–3520), Federal
                                                                                                            Electronic Documents posted online at
                                                    retransmission of over-the-air television                                                                      agencies must obtain approval from
                                                                                                            www.loc.gov/crb/docs/Guidelinesfor_
                                                    and radio broadcast stations to their                                                                          OMB for each collection of information
                                                    subscribers. 17 U.S.C. 111(c). In                       Electronic_Documents.pdf. Participants
                                                                                                            shall deliver Petitions to Participate to              they conduct or sponsor. The MSPB
                                                    exchange for the license, cable operators                                                                      intends to ask for a three-year renewal
                                                    submit royalty payments and statements                  only one of the following addresses.
                                                                                                              U.S. mail: Copyright Royalty Board,                  of its Generic Clearance Request for
                                                    of account detailing their                                                                                     Voluntary Customer Surveys, OMB
                                                                                                            P.O. Box 70977, Washington, DC 20024–
                                                    retransmissions semiannually to the                                                                            Control No. 3124–0012. Executive Order
                                                                                                            0977; or
                                                    Copyright Office. 17 U.S.C. 111(d)(1).                    Overnight service (only USPS Express                 12862, ‘‘Setting Customer Service
                                                    The Copyright Office deposits the                                                                              Standards,’’ mandates that agencies
                                                                                                            Mail is acceptable): Copyright Royalty
                                                    royalties into the United States Treasury                                                                      identify their customers and survey
                                                                                                            Board, P.O. Box 70977, Washington, DC
                                                    for later distribution to copyright                                                                            them to determine the kind and quality
                                                                                                            20024–0977; or
                                                    owners of the broadcast programming                       Commercial courier: Address package                  of services they want and their level of
                                                    that the cable systems retransmit. 17                   to: Copyright Royalty Board, Library of                satisfaction with existing services.
                                                    U.S.C. 111(d)(2).                                       Congress, James Madison Memorial                          In this regard, we are soliciting
                                                       A cable system calculates its royalty                                                                       comments on the public reporting
                                                                                                            Building, LM–403, 101 Independence
                                                    payments in accordance with the                                                                                burden. The reporting burden for the
                                                                                                            Avenue SE., Washington, DC 20559–
                                                    statutory formula described in 17 U.S.C.                                                                       collection of information on this request
                                                                                                            6000. Deliver to: Congressional Courier
                                                    111(d)(1). Royalty rates are based upon                                                                        is estimated to vary from 5 minutes to
                                                                                                            Acceptance Site, 2nd Street NE., and D
                                                    a cable system’s gross receipts from                                                                           45 minutes, with an average of 30
                                                                                                            Street NE., Washington, DC; or
                                                    subscribers who receive retransmitted                                                                          minutes, including time for reviewing
                                                                                                              Hand delivery: Library of Congress,
                                                    broadcast signals. For rate calculation                                                                        instructions, searching existing data
                                                                                                            James Madison Memorial Building, LM–
                                                    purposes, cable systems are divided into                                                                       sources, gathering and maintaining the
                                                                                                            401, 101 Independence Avenue SE.,
                                                    three tiers based on their gross receipts                                                                      data needed, and completing and
                                                                                                            Washington, DC 20559–6000.
                                                    (small, medium, and large). 17 U.S.C.                                                                          reviewing the collection of information.
                                                    111(d)(1)(B) through (F). Both the                        Dated: June 16, 2015.
                                                                                                            Jesse M. Feder,
                                                                                                                                                                   In the estimated annual reporting
                                                    applicable rates and the tiers are subject                                                                     burden listed below, the reason that the
                                                    to adjustment. 17 U.S.C. 801(b)(2). Every               Copyright Royalty Judge.
                                                                                                                                                                   annual number of respondents differs
                                                    five years persons with a significant                   [FR Doc. 2015–15137 Filed 6–18–15; 8:45 am]
                                                                                                                                                                   from the number of total annual
                                                    interest in the royalty rates may file                  BILLING CODE 1410–72–P                                 responses is that our experience shows
                                                    petitions to initiate a proceeding to                                                                          that only about 50% of those invited to
                                                    adjust the rates. 17 U.S.C. 804(a) and (b).                                                                    participate in our voluntary customer
                                                    No person with a significant interest has               MERIT SYSTEMS PROTECTION                               surveys avail themselves of that
                                                    filed a petition to initiate a proceeding               BOARD                                                  opportunity.
                                                    in 2015.1 The Judges must, therefore,                                                                             In addition, MSPB invites comments
                                                    publish notice in the Federal Register                  Agency Information Collection                          on (1) whether the proposed collection
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            Activities; Proposed Collection                        of information is necessary for the
                                                       1 The cable rates were last adjusted in 2005.

                                                    Although the Judges commenced a rate proceeding         AGENCY:    Merit Systems Protection                    proper performance of MSPB’s
                                                    relating to the 2010 rate adjustment, the Judges        Board.                                                 functions, including whether the
                                                    terminated it when passage of the Satellite
                                                                                                            ACTION:   Notice.                                      information will have practical utility;
                                                    Television Extension and Localism Act of 2010,                                                                 (2) the accuracy of MSPB’s estimate of
                                                    Public Law 111–175, rendered the proceeding
                                                    unnecessary. Order Granting Request to Terminate
                                                                                                            SUMMARY:  In compliance with the                       burden of the proposed collection of
                                                    Proceeding, Docket No. 2010–1 CRB Cable Rate            Paperwork Reduction Act (PRA), the                     information, including the validity of
                                                    (July 13, 2010).                                        U.S. Merit Systems Protection Board                    the methodology and assumptions used;


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Document Created: 2018-02-22 11:10:05
Document Modified: 2018-02-22 11:10:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice announcing commencement of proceeding with request for petitions to participate.
DatesPetitions to Participate and the filing fee are due no later than July 20, 2015.
ContactLaKeshia Keys, CRB Program Specialist, by telephone at (202) 707-7658, or by email at [email protected]
FR Citation80 FR 35403 

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