80_FR_73344 80 FR 73118 - Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates

80 FR 73118 - Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 80, Issue 226 (November 24, 2015)

Page Range73118-73119
FR Document2015-29863

The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 0% 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 2014 to October 2015.

Federal Register, Volume 80 Issue 226 (Tuesday, November 24, 2015) 
[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Rules and Regulations]
[Pages 73118-73119]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29863]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 386

[Docket No. 15-CRB-0014-SA-COLA (2016)]


Cost of Living Adjustment to Satellite Carrier Compulsory License 
Royalty Rates

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule.

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SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (COLA) of 0% 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 2014 to October 2015.

DATES: Effective Date: January 1, 2016.
    Applicability Dates: These rates are applicable to the period 
January 1, 2016, through December 31, 2016.

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 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).
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    \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.
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    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, 
2014, to the most recent index published before December 1, 2015, is 
.2%.\2\ Application of the .2% 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 an 
unchanged rate of 27 cents per subscriber per month (rounded to the 
nearest cent). See 37 CFR 386.2(b)(1). Application of the .2% COLA to 
the current rate for viewing in commercial establishments--56 cents per 
subscriber per month--results in an unchanged rate of 56 cents per 
subscriber per month (rounded to

[[Page 73119]]

the nearest cent). See 37 CFR 386.2(b)(2).
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    \2\ On November 17, 2015, the Bureau of Labor Statistics 
announced that the CPI-U increased .2% over the last 12 months.
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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)(vii) and 
(b)(2)(vii), and footnotes 3 and 4, to read as follows:


Sec.  386.2  Royalty fee for secondary transmission by satellite 
carriers.

* * * * *
    (b) * * *
    (1) * * *
    (vii) 2016: 27 cents per subscriber per month (for each month of 
2016).\3\
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    \3\ This is the 2015 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 2014 to October 2015.
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    (2) * * *
    (vii) 2016: 56 cents per subscriber per month (for each month of 
2016).\4\
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    \4\ This is the 2015 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 2014 to October 2015.

    Dated: November 18, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015-29863 Filed 11-23-15; 8:45 am]
 BILLING CODE 1410-72-P

73118 Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations ACTION: Final rule. SESAC—$146 per station—results in an Applicability Dates: These rates are adjusted rate of $149 per station. applicable to the period January 1, 2016, SUMMARY: The Copyright Royalty Judges through December 31, 2016. List of Subjects in 37 CFR Part 381 announce a cost of living adjustment FOR FURTHER INFORMATION CONTACT: (COLA) of 2% in the royalty rates that Copyright, Music, Radio, Television, LaKeshia Keys, CRB Program Specialist, colleges, universities, and other Rates. by telephone at (202) 707–7658 or by educational institutions not affiliated Final Regulations email at crb@loc.gov. with National Public Radio pay for the SUPPLEMENTARY INFORMATION: The use of published nondramatic musical In consideration of the foregoing, the satellite carrier compulsory license compositions in the SESAC repertory Judges amend part 381 of title 37 of the establishes a statutory copyright for the statutory license under the Code of Federal Regulations as follows: licensing scheme for the retransmission Copyright Act for noncommercial of distant television programming by broadcasting. PART 381—USE OF CERTAIN COPYRIGHTED WORKS IN satellite carriers. 17 U.S.C. 119. DATES: Effective Date: December 24, CONNECTION WITH Congress created the license in 1988 and 2015. NONCOMMERCIAL EDUCATIONAL has reauthorized the license for BROADCASTING additional five-year periods, most FOR FURTHER INFORMATION CONTACT: recently with the passage of the STELA LaKeshia Keys, CRB Program Specialist, ■ 1. The authority citation for part 381 Reauthorization Act of 2014, Public Law by telephone at (202) 707–7658 or by continues to read as follows: 113–200. email at crb@loc.gov. On August 31, 2010, the Copyright Authority: 17 U.S.C. 118, 801(b)(1), and 803. Royalty Judges (Judges) adopted rates SUPPLEMENTARY INFORMATION: Section for the section 119 compulsory license 118 of the Copyright Act, title 17 of the ■ 2. Section 381.5 is amended by for the 2010–2014 term. See 75 FR United States Code, creates a statutory revising paragraph (c)(3)(iv) to read as 53198. The rates were proposed by license for the use of published follows: Copyright Owners and Satellite nondramatic musical works and § 381.5 Performance of musical Carriers 1 and were unopposed. Id. published pictorial, graphic, and compositions by public broadcasting Section 119(c)(2) of the Copyright Act sculptural works in connection with entities licensed to colleges and provides that, effective January 1 of each noncommercial broadcasting. universities. year, the Judges shall adjust the royalty On November 29, 2012, the Copyright fee payable under Section 119(b)(1)(B) * * * * * Royalty Judges (Judges) adopted final ‘‘to reflect any changes occurring in the (c) * * * regulations governing the rates and cost of living as determined by the most terms of copyright royalty payments (3) * * * (iv) 2016: $149 per station. recent Consumer Price Index (for all under section 118 of the Copyright Act consumers and for all items) [CPI–U] for the license period 2013–2017. See 77 * * * * * published by the Secretary of Labor FR 71104. Pursuant to these regulations, Dated: November 18, 2015. before December 1 of the preceding on or before December 1 of each year, Suzanne M. Barnett, year.’’ Section 119 also requires that the Judges shall publish in the Federal Chief Copyright Royalty Judge. ‘‘[n]otification of the adjusted fees shall Register a notice of the change in the [FR Doc. 2015–29862 Filed 11–23–15; 8:45 am] be published in the Federal Register at cost of living for the rate codified at least 25 days before January 1.’’ 17 BILLING CODE 1410–72–P § 381.5(c)(3) relating to compositions in U.S.C. 119(c)(2). the repertory of SESAC. The adjustment, The change in the cost of living as fixed to the nearest dollar, shall be the LIBRARY OF CONGRESS determined by the CPI–U during the greater of ‘‘the change in the cost of period from the most recent index living as determined by the Consumer Copyright Royalty Board published before December 1, 2014, to Price Index (all consumers, all items) the most recent index published before [CPI–U] * * * during the period from 37 CFR Part 386 December 1, 2015, is .2%.2 Application the most recent index published prior to of the .2% COLA to the current rate for the previous notice to the most recent [Docket No. 15–CRB–0014–SA–COLA the secondary transmission of broadcast index published prior to December 1, of (2016)] stations by satellite carriers for private that year,’’ or 2%. 37 CFR 381.10. home viewing—27 cents per subscriber The change in the cost of living as Cost of Living Adjustment to Satellite per month—results in an unchanged determined by the CPI–U during the Carrier Compulsory License Royalty rate of 27 cents per subscriber per period from the most recent index Rates month (rounded to the nearest cent). See published before December 1, 2014, to 37 CFR 386.2(b)(1). Application of the AGENCY: Copyright Royalty Board, .2% COLA to the current rate for the most recent index published before Library of Congress. viewing in commercial establishments— December 1, 2015, is .2%.1 In accordance with 37 CFR 381.10(b), the ACTION: Final rule. 56 cents per subscriber per month— Judges announce that COLA for results in an unchanged rate of 56 cents SUMMARY: The Copyright Royalty Judges per subscriber per month (rounded to calendar year 2016 shall be 2%. announce a cost of living adjustment Application of the 2% COLA to the mstockstill on DSK4VPTVN1PROD with RULES (COLA) of 0% in the royalty rates current rate for the performance of 1 Program Suppliers and Joint Sports Claimants satellite carriers pay for a compulsory comprised the Copyright Owners while DIRECTV, published nondramatic musical license under the Copyright Act. The Inc., DISH Network, LLC, and National compositions in the repertory of COLA is based on the change in the Programming Service, LLC, comprised the Satellite Consumer Price Index from October Carriers. 1 On November 17, 2015, the Bureau of Labor 2 On November 17, 2015, the Bureau of Labor Statistics announced that the CPI–U increased .2% 2014 to October 2015. Statistics announced that the CPI–U increased .2% over the last 12 months. DATES: Effective Date: January 1, 2016. over the last 12 months. VerDate Sep<11>2014 23:14 Nov 23, 2015 Jkt 238001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\24NOR1.SGM 24NOR1

Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations 73119 the nearest cent). See 37 CFR intended effect of this action is to means EPA will not know your identity 386.2(b)(2). remove the repealed State Regulation or contact information unless you and leave the Federal General provide it in the body of your comment. List of Subjects in 37 CFR Part 386 Conformity provisions in place to If you send an email comment directly Copyright, Satellite, Television. demonstrate conformity with the to EPA without going through http:// Final Regulations applicable SIP as required by section www.regulations.gov your email address 176(c) of the Clean Air Act. This action will be automatically captured and In consideration of the foregoing, the is being taken in accordance with the included as part of the comment that is Judges amend part 386 of title 37 of the Clean Air Act. placed in the public docket and made Code of Federal Regulations as follows: available on the Internet. If you submit DATES: This direct final rule will be effective January 25, 2016, unless EPA an electronic comment, EPA PART 386—ADJUSTMENT OF receives adverse comments by recommends that you include your ROYALTY FEES FOR SECONDARY December 24, 2015. If adverse name and other contact information in TRANSMISSIONS BY SATELLITE comments are received, EPA will the body of your comment and with any CARRIERS publish a timely withdrawal of the disk or CD–ROM you submit. If EPA ■ 1. The authority citation for part 386 direct final rule in the Federal Register cannot read your comment due to continues to read as follows: informing the public that the rule will technical difficulties and cannot contact not take effect. you for clarification, EPA may not be Authority: 17 U.S.C. 119(c), 801(b)(1). ADDRESSES: Submit your comments, able to consider your comment. ■ 2. Section 386.2 is amended by adding identified by Docket ID Number EPA– Electronic files should avoid the use of paragraphs (b)(1)(vii) and (b)(2)(vii), and R01–OAR–2015–0593 by one of the special characters, any form of footnotes 3 and 4, to read as follows: following methods: encryption, and be free of any defects or 1. http://www.regulations.gov: Follow viruses. § 386.2 Royalty fee for secondary transmission by satellite carriers. the on-line instructions for submitting Docket: All documents in the * * * * * comments. electronic docket are listed in the http:// (b) * * * 2. Email: arnold.anne@epa.gov. www.regulations.gov index. Although (1) * * * 3. Fax: (617) 918–0047. listed in the index, some information is (vii) 2016: 27 cents per subscriber per 4. Mail: ‘‘Docket Identification not publicly available, i.e., CBI or other month (for each month of 2016).3 Number EPA–R01–OAR–2015–0593’’, information whose disclosure is (2) * * * Anne Arnold, U.S. Environmental restricted by statute. Certain other (vii) 2016: 56 cents per subscriber per Protection Agency, EPA New England material, such as copyrighted material, month (for each month of 2016).4 Regional Office, Office of Ecosystem is not placed on the Internet and will be Protection, Air Quality Planning Unit, 5 publicly available only in hard copy Dated: November 18, 2015. Post Office Square—Suite 100, (Mail form. Publicly available docket Suzanne M. Barnett, code OEP05–2), Boston, MA 02109– materials are available at http:// Chief Copyright Royalty Judge. 3912. www.regulations.gov or at U.S. [FR Doc. 2015–29863 Filed 11–23–15; 8:45 am] 5. Hand Delivery or Courier. Deliver Environmental Protection Agency, EPA BILLING CODE 1410–72–P your comments to: Anne Arnold, New England Regional Office, Office of Manager, Air Quality Planning Unit, Ecosystem Protection, 5 Post Office Office of Ecosystem Protection, U.S. Square—Suite 100, Boston, MA. EPA ENVIRONMENTAL PROTECTION Environmental Protection Agency, EPA requests that if at all possible, you AGENCY New England Regional Office, 5 Post contact the contact listed in the FOR Office Square—Suite 100, (Mail code FURTHER INFORMATION CONTACT section to 40 CFR Part 52 OEP05–2), Boston, MA 02109–3912. schedule your inspection. The Regional [EPA–R01–OAR–2015–0593; A–1–FRL– Such deliveries are only accepted Office’s official hours of business are 9939–24–Region 1] during the Regional Office’s normal Monday through Friday, 8:30 a.m. to hours of operation. The Regional 4:30 p.m., excluding legal holidays. Air Plan Approval; ME; Repeal of the Office’s official hours of business are In addition, copies of the state Maine’s General Conformity Provision Monday through Friday, 8:30 a.m. to submittal and EPA’s technical support 4:30 p.m., excluding legal holidays. AGENCY: Environmental Protection document are also available for public Instructions: Direct your comments to Agency (EPA). inspection during normal business Docket ID No. EPA–R01–OAR–2015– ACTION: Direct final rule. hours, by appointment at the State Air 0593. EPA’s policy is that all comments Agency; the Bureau of Air Quality SUMMARY: The Environmental Protection received will be included in the public Control, Department of Environmental Agency (EPA) is approving a State docket without change and may be Protection, First Floor of the Tyson Implementation Plan (SIP) revision made available online at http:// Building, Augusta Mental Health submitted by the State of Maine. This www.regulations.gov, including any Institute Complex, Augusta, ME 04333– revision removes State Regulation personal information provided, unless 0017. Chapter 141—Conformity of General the comment includes information Federal Actions from the SIP. The claimed to be Confidential Business FOR FURTHER INFORMATION CONTACT: Information (CBI) or other information Ariel Garcia, Air Quality Unit, U.S. mstockstill on DSK4VPTVN1PROD with RULES 3 Thisis the 2015 rate adjusted for the amount of whose disclosure is restricted by statute. Environmental Protection Agency, EPA inflation as measured by the change in the Do not submit through http:// New England Regional Office, 5 Post Consumer Price Index for All Urban Consumers All www.regulations.gov, or email, Office Square—Suite 100, (Mail code Items from October 2014 to October 2015. information that you consider to be CBI OEP05–2), Boston, MA 02109–3912, 4 This is the 2015 rate adjusted for the amount of inflation as measured by the change in the or otherwise protected. The http:// telephone number (617) 918–1660, fax Consumer Price Index for All Urban Consumers All www.regulations.gov Web site is an number (617) 918–0660, email Items from October 2014 to October 2015. ‘‘anonymous access’’ system, which garcia.ariel@epa.gov. VerDate Sep<11>2014 23:14 Nov 23, 2015 Jkt 238001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\24NOR1.SGM 24NOR1


Document Created: 2015-12-14 14:09:02
Document Modified: 2015-12-14 14:09:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
ContactLaKeshia Keys, CRB Program Specialist, by telephone at (202) 707-7658 or by email at [email protected]
FR Citation80 FR 73118 
CFR AssociatedCopyright; Satellite and Television
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