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)

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, 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