80_FR_78493 80 FR 78252 - Distribution of Cable and Satellite Royalty Funds

80 FR 78252 - Distribution of Cable and Satellite Royalty Funds

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 80, Issue 241 (December 16, 2015)

Page Range78252-78253
FR Document2015-31629

The Copyright Royalty Judges are soliciting comments on a motion by Independent Producers Group for a partial distribution of royalty funds.

Federal Register, Volume 80 Issue 241 (Wednesday, December 16, 2015)
[Federal Register Volume 80, Number 241 (Wednesday, December 16, 2015)]
[Notices]
[Pages 78252-78253]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31629]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket Nos. 2012-6 CRB CD 2004-2009 (Phase II) and 2012-7 CRB SD 1999-
2009 (Phase II)]


Distribution of Cable and Satellite Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice requesting comments.

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SUMMARY: The Copyright Royalty Judges are soliciting comments on a 
motion by Independent Producers Group for a partial distribution of 
royalty funds.

DATES: Comments are due on or before January 15, 2016.

ADDRESSES: Interested claimants must submit comments to only one of the 
following addresses. Unless responding by email or online, claimants 
must submit an original, five paper copies, and an electronic version 
on a CD.
    Email: [email protected]; or
    Online: Use the Federal eRulemaking Portal ``Regulations.gov'' at: 
http://www.regulations.gov.
    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.

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

SUPPLEMENTARY INFORMATION: On September 18, 2015, Worldwide Subsidy 
Group LLC dba Independent Producers Group (``IPG'') filed with the 
Copyright Royalty Board Judges (``Judges'') a Motion for Partial 
Distribution of 2004-2009 Cable Royalties and 2000-2009 Satellite 
Royalties (``IPG Motion'') pursuant to Section 801(b)(3)(C) of the 
Copyright Act. Motion for Partial Distribution of 2004-2009 Cable 
Royalties and 2000-2009 Satellite Royalties, Docket Nos. 2012-6 CRB CD 
2004-2009 (Phase II) and 2012-7 CRB SD 1999-2009 (Phase II) 
(consolidated); see 17 U.S.C. 801(b)(3)(C).
    IPG seeks a 0.20% share of royalties from the Phase I Program 
Suppliers Category for the years 2004-2009 for cable and 2000-2009 for 
satellite.\1\ The Motion Picture Association of America, Inc. 
(``MPAA'') opposes, in part, IPG's requested partial distribution. MPAA 
Opposition, in Part, to Independent Producer Group's Motion for Partial 
Distribution of 2004-2009 Cable Royalties and 2000-2009 Satellite 
Royalties (Sept. 25, 2015) (``MPAA Opposition'').
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    \1\ MPAA and IPG settled all remaining Phase II controversies 
regarding 1999 satellite royalties in the Program Suppliers 
Category, and the Judges ordered a final distribution of those 
royalties. Order Directing Final Distribution of 1999 Satellite 
Royalty Funds Except Devotional Share, Docket No. 2008-5 CRB SD 
1999-2000 (Jun. 19, 2013) and Order Granting In Part Motion for 
Final Distribution of the 1998 and 1999 Cable Royalty Funds and the 
1999 Satellite Royalty Funds, Docket Nos. 2008-1 CRB CD 98-99 and 
2008-5 CRB SD 1999-2000 (Jan. 31, 2013).
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    MPAA does not object to IPG's request with respect to cable 
royalties, subject to IPG signing a pay-back agreement as contemplated 
by Section 801(b)(3)(C) of the Copyright Act.\2\ MPAA does, however, 
oppose IPG's request regarding satellite royalties because, according 
to MPAA (1) IPG has not yet established its entitlement to receive a 
share of satellite royalties, and (2) the 0.20% percentage share of the 
Program Suppliers Category royalties that IPG seeks is either 
equivalent to or greater than the total royalty award that MPAA 
proposed for IPG for some of the 2000-2009 satellite funds. MPAA 
Opposition at 1-2. MPAA also states that it has concerns, which it 
contends the Judges share, ``not only about IPG's ability, but also its 
willingness, to disgorge funds, should the need arise.'' Id. at 4, 
quoting Order Denying IPG Motion For Partial Distribution, Docket Nos. 
2008-2 CRB CD 2000-03 (Phase II), 2008-1 CRB CD 1998-99 (Phase II), 
2012-6 CRB CD 2004-09 (Phase II) and 2012-7 CRB SD 1999-2009 (Phase II) 
at 6 (Feb. 11, 2014).
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    \2\ In its opposition, MPAA provides what it calls a ``good 
faith estimate of the dollar amounts of the shares requested'' by 
IPG for cable royalties. MPAA Opposition at 2-3. MPAA does not 
explain the methodology it used to derive the estimates. In its 
reply, IPG questions the accuracy of MPAA's estimates, which IPG 
states are ``substantially lower than what was previously reported 
by the MPAA to IPG to be the Program Supplier share of such royalty 
pools.'' Independent Producer Group's Reply in Support of Motion for 
Partial Distribution of 2004-2009 Cable Royalties and 2000-2009 
Satellite Royalties (``IPG Reply'') at 1-2 (Oct. 1, 2015). MPAA, in 
turn, filed a motion to strike IPG's reply which motion the Judges 
denied because it was not ripe. MPAA Motion to Strike IPG's Reply . 
. . (Oct. 6, 2015); Order Denying MPAA Motion to Strike IG's Reply 
(December 10, 2015).
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    IPG counters that the ``touchstone as to whether a party may seek 
and be advance distributed [sic] royalties has been determined to be 
whether such party has established itself as a `legitimate' claimant, 
and whether adverse parties can set forth a `reasonable' objection to 
such advance distribution.'' IPG Reply at 5. IPG contends that for each 
year from 2000-2009 it maintains cable and satellite claims that 
survived all claims-hearing challenges and to which even MPAA has 
assigned a value. IPG contends that those facts establish IPG as a 
``legitimate'' claimant entitled to a partial distribution of satellite 
royalties. Id.
    IPG also disputes MPAA's contention that the partial distribution 
percentage that IPG seeks is equivalent to or greater than the total 
royalty award that MPAA proposed for IPG for some of the 2000-

[[Page 78253]]

2009 satellite funds, arguing that MPAA's ``unfounded assertion . . . 
is simply inaccurate . . .'' Id. at 6.\3\
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    \3\ The Judges note that MPAA proposed a Program Suppliers 
satellite share allocation to IPG of 0.20% in 2002 and 0.13% in 
2004. For the eight remaining years in controversy, MPAA proposed 
shares higher than 0.20%. MPAA-Represented Program Suppliers' 
Proposed Findings of Fact and Conclusions of Law at 7 (Aug. 17, 
2015).
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    Lastly, IPG discounts the above-quoted passage from the Judges' 
February 11, 2014 Order Denying IPG Motion for Partial Distribution 
regarding the Judges' concerns about IPG's ability and willingness to 
disgorge funds should the need arise. IPG contends that the Judges' 
concern expressed in that order (which IPG contends was 
``unwarranted'') ``was inspired by nothing more than inflammatory 
rhetoric of the [Settling Devotional Claimants].'' IPG Reply at 7.
    Before authorizing a partial distribution of royalty funds 
requested under Section 801(b)(3)(C) of the Copyright Act, the Judges 
must first publish a notice in the Federal Register seeking responses 
to the request to ascertain whether any claimant entitled to receive 
such royalty fees has a reasonable objection to the proposed 
distribution. This Notice seeks comments on whether any interested 
claimant asserts a reasonable objection to IPG's request. The Judges 
must receive written objections detailing the existence and extent of 
any entity's objection(s) 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 
that period.
    In particular, the Judges seek comment on whether IPG should be 
considered an ``established claimant'' for purposes of receiving a 
partial distribution of royalties, and, if so, for what years and for 
which Phase I categories, and for which funds. For example, assuming 
for the sake of argument that IPG is deemed an ``established claimant'' 
with respect to the Phase I Program Suppliers Category for cable for a 
particular year, does that status carry over to other Phase I 
categories (e.g., Devotionals, Joint Sports, etc.)? Does it carry over 
to all years? If not, to which years does the ``established claimant'' 
status apply? Moreover, does the status of an established cable 
claimant (or claimant representative) carry over to satellite 
royalties, as IPG contends, or only to cable royalties? Does the 
reverse also apply (i.e., is an ``established claimant'' for purposes 
of satellite also an ``established claimant'' for cable)?
    If the Judges determine that IPG is an ``established claimant'' for 
the first time for any fund, are there safeguards (in addition to the 
pay-back agreement) the Judges can and should employ to ensure that IPG 
is able and willing to disgorge in the event of overpaid funds? Which 
safeguards would be appropriate or necessary? How long should they last 
and how would they be enforced?
    If the Judges determine that IPG is entitled to the partial 
distribution it requests, what methodology should the Judges use to 
determine the dollar amount to which IPG is entitled? Would it be 
necessary for the Judges (or the Licensing Division of the Copyright 
Office, or both) to have access to all applicable Phase I confidential 
agreements to make the necessary calculations or is another means 
available? Commenters should consider what special calculations would 
have to be made to determine IPG's share of the various subfunds 
(Basic, Syndex and 3.75%) in addition to calculating interest on (and 
deductions of applicable expenses against) funds deposited with the 
Licensing Division.
    The issues and questions set forth above are not necessarily 
exhaustive. Commenters may address any other issues or questions that 
they believe are relevant to the pending Motion.
    The Copyright Royalty Board has posted IPG's Motion at http://www.loc.gov/crb.

    Dated: December 10, 2015.
Jesse M. Feder,
U.S. Copyright Royalty Judge.
[FR Doc. 2015-31629 Filed 12-15-15; 8:45 am]
BILLING CODE 1410-72-P



                                              78252                    Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Notices

                                              address the Committee. If more than 10                  submit an original, five paper copies,                   Royalties (Sept. 25, 2015) (‘‘MPAA
                                              requests are received, we will select a                 and an electronic version on a CD.                       Opposition’’).
                                              representative sample to speak and the                     Email: crb@loc.gov; or                                   MPAA does not object to IPG’s
                                              remainder will be permitted to file                        Online: Use the Federal eRulemaking                   request with respect to cable royalties,
                                              written statements. Individuals with                    Portal ‘‘Regulations.gov’’ at: http://                   subject to IPG signing a pay-back
                                              disabilities who need accommodations                    www.regulations.gov.                                     agreement as contemplated by Section
                                              should also contact Mr. Berthiaume at                      U.S. mail: Copyright Royalty Board,                   801(b)(3)(C) of the Copyright Act.2
                                              the email address or phone number                       P.O. Box 70977, Washington, DC 20024–                    MPAA does, however, oppose IPG’s
                                              above.                                                  0977; or                                                 request regarding satellite royalties
                                                Organizations or members of the                          Overnight service (only USPS Express                  because, according to MPAA (1) IPG has
                                              public wishing to submit a written                      Mail is acceptable): Copyright Royalty                   not yet established its entitlement to
                                              statement may do so by submitting their                 Board, P.O. Box 70977, Washington, DC                    receive a share of satellite royalties, and
                                              statement on or before January 8, 2016,                 20024–0977; or                                           (2) the 0.20% percentage share of the
                                              to www.acicieid.org/comments. Written                      Commercial courier: Address package                   Program Suppliers Category royalties
                                              statements, with nine copies, may also                  to: Copyright Royalty Board, Library of                  that IPG seeks is either equivalent to or
                                              be submitted to Mr. Berthiaume,                         Congress, James Madison Memorial                         greater than the total royalty award that
                                              Advisory Committee on Increasing                        Building, LM–403, 101 Independence                       MPAA proposed for IPG for some of the
                                              Competitive Integrated Employment for                   Avenue SE., Washington, DC 20559–                        2000–2009 satellite funds. MPAA
                                              Individuals with Disabilities, U.S.                     6000. Deliver to: Congressional Courier                  Opposition at 1–2. MPAA also states
                                              Department of Labor, Suite S–1303, 200                  Acceptance Site, 2nd Street NE. and D                    that it has concerns, which it contends
                                              Constitution Avenue NW., Washington,                    Street NE., Washington, DC; or                           the Judges share, ‘‘not only about IPG’s
                                              DC 20210.                                                  Hand delivery: Library of Congress,                   ability, but also its willingness, to
                                                Please ensure that any written                        James Madison Memorial Building, LM–                     disgorge funds, should the need arise.’’
                                              submission is in an accessible format or                401, 101 Independence Avenue SE.,                        Id. at 4, quoting Order Denying IPG
                                              the submission will be returned.                        Washington, DC 20559–6000.                               Motion For Partial Distribution, Docket
                                              Further, it is requested that statements                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               Nos. 2008–2 CRB CD 2000–03 (Phase II),
                                              not be included in the body of an email.                Lakeshia Keys, Program Specialist, by                    2008–1 CRB CD 1998–99 (Phase II),
                                              Statements deemed relevant by the                       telephone at (202) 707–7658 or email at                  2012–6 CRB CD 2004–09 (Phase II) and
                                              Committee and received on or before                     crb@loc.gov.                                             2012–7 CRB SD 1999–2009 (Phase II) at
                                              January 8, 2016 will be included in the                                                                          6 (Feb. 11, 2014).
                                                                                                      SUPPLEMENTARY INFORMATION: On                               IPG counters that the ‘‘touchstone as
                                              record of the meeting. Do not include                   September 18, 2015, Worldwide
                                              any personally identifiable information                                                                          to whether a party may seek and be
                                                                                                      Subsidy Group LLC dba Independent                        advance distributed [sic] royalties has
                                              (such as name, address, or other contact                Producers Group (‘‘IPG’’) filed with the
                                              information) or confidential business                                                                            been determined to be whether such
                                                                                                      Copyright Royalty Board Judges                           party has established itself as a
                                              information that you do not want                        (‘‘Judges’’) a Motion for Partial
                                              publicly disclosed.                                                                                              ‘legitimate’ claimant, and whether
                                                                                                      Distribution of 2004–2009 Cable                          adverse parties can set forth a
                                              Jennifer Sheehy,                                        Royalties and 2000–2009 Satellite                        ‘reasonable’ objection to such advance
                                              Deputy Assistant Secretary, Office of                   Royalties (‘‘IPG Motion’’) pursuant to                   distribution.’’ IPG Reply at 5. IPG
                                              Disability Employment Policy.                           Section 801(b)(3)(C) of the Copyright                    contends that for each year from 2000–
                                              [FR Doc. 2015–31615 Filed 12–15–15; 8:45 am]            Act. Motion for Partial Distribution of                  2009 it maintains cable and satellite
                                              BILLING CODE 4510–FK–P
                                                                                                      2004–2009 Cable Royalties and 2000–                      claims that survived all claims-hearing
                                                                                                      2009 Satellite Royalties, Docket Nos.                    challenges and to which even MPAA
                                                                                                      2012–6 CRB CD 2004–2009 (Phase II)                       has assigned a value. IPG contends that
                                                                                                      and 2012–7 CRB SD 1999–2009 (Phase                       those facts establish IPG as a
                                              LIBRARY OF CONGRESS                                     II) (consolidated); see 17 U.S.C.                        ‘‘legitimate’’ claimant entitled to a
                                                                                                      801(b)(3)(C).                                            partial distribution of satellite royalties.
                                              Copyright Royalty Board
                                                                                                         IPG seeks a 0.20% share of royalties                  Id.
                                              [Docket Nos. 2012–6 CRB CD 2004–2009                    from the Phase I Program Suppliers                          IPG also disputes MPAA’s contention
                                              (Phase II) and 2012–7 CRB SD 1999–2009                  Category for the years 2004–2009 for                     that the partial distribution percentage
                                              (Phase II)]                                             cable and 2000–2009 for satellite.1 The                  that IPG seeks is equivalent to or greater
                                                                                                      Motion Picture Association of America,                   than the total royalty award that MPAA
                                              Distribution of Cable and Satellite                     Inc. (‘‘MPAA’’) opposes, in part, IPG’s                  proposed for IPG for some of the 2000–
                                              Royalty Funds                                           requested partial distribution. MPAA
                                                                                                      Opposition, in Part, to Independent                         2 In its opposition, MPAA provides what it calls
                                              AGENCY:  Copyright Royalty Board,
                                                                                                      Producer Group’s Motion for Partial                      a ‘‘good faith estimate of the dollar amounts of the
                                              Library of Congress.                                                                                             shares requested’’ by IPG for cable royalties. MPAA
                                                                                                      Distribution of 2004–2009 Cable
                                              ACTION: Notice requesting comments.                     Royalties and 2000–2009 Satellite                        Opposition at 2–3. MPAA does not explain the
                                                                                                                                                               methodology it used to derive the estimates. In its
                                              SUMMARY:    The Copyright Royalty Judges                                                                         reply, IPG questions the accuracy of MPAA’s
                                                                                                        1 MPAA and IPG settled all remaining Phase II          estimates, which IPG states are ‘‘substantially lower
                                              are soliciting comments on a motion by                  controversies regarding 1999 satellite royalties in      than what was previously reported by the MPAA
                                              Independent Producers Group for a                       the Program Suppliers Category, and the Judges           to IPG to be the Program Supplier share of such
                                              partial distribution of royalty funds.                  ordered a final distribution of those royalties. Order   royalty pools.’’ Independent Producer Group’s
tkelley on DSK9F6TC42PROD with NOTICES




                                                                                                      Directing Final Distribution of 1999 Satellite           Reply in Support of Motion for Partial Distribution
                                              DATES: Comments are due on or before
                                                                                                      Royalty Funds Except Devotional Share, Docket No.        of 2004–2009 Cable Royalties and 2000–2009
                                              January 15, 2016.                                       2008–5 CRB SD 1999–2000 (Jun. 19, 2013) and              Satellite Royalties (‘‘IPG Reply’’) at 1–2 (Oct. 1,
                                              ADDRESSES: Interested claimants must                    Order Granting In Part Motion for Final Distribution     2015). MPAA, in turn, filed a motion to strike IPG’s
                                                                                                      of the 1998 and 1999 Cable Royalty Funds and the         reply which motion the Judges denied because it
                                              submit comments to only one of the                      1999 Satellite Royalty Funds, Docket Nos. 2008–1         was not ripe. MPAA Motion to Strike IPG’s Reply
                                              following addresses. Unless responding                  CRB CD 98–99 and 2008–5 CRB SD 1999–2000 (Jan.           . . . (Oct. 6, 2015); Order Denying MPAA Motion
                                              by email or online, claimants must                      31, 2013).                                               to Strike IG’s Reply (December 10, 2015).



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                                                                       Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Notices                                                78253

                                              2009 satellite funds, arguing that                         If the Judges determine that IPG is an             Federal Register of a permit application
                                              MPAA’s ‘‘unfounded assertion . . . is                   ‘‘established claimant’’ for the first time           received. The permit was issued on
                                              simply inaccurate . . .’’ Id. at 6.3                    for any fund, are there safeguards (in                December 11, 2015 to:
                                                 Lastly, IPG discounts the above-                     addition to the pay-back agreement) the                 Joseph Wilson, Penguin Films, Ltd.
                                              quoted passage from the Judges’                         Judges can and should employ to ensure                Permit No. 2016–022
                                              February 11, 2014 Order Denying IPG                     that IPG is able and willing to disgorge
                                                                                                                                                            Nadene G. Kennedy,
                                              Motion for Partial Distribution regarding               in the event of overpaid funds? Which
                                                                                                      safeguards would be appropriate or                    Polar Coordination Specialist, Division of
                                              the Judges’ concerns about IPG’s ability                                                                      Polar Programs.
                                              and willingness to disgorge funds                       necessary? How long should they last
                                                                                                                                                            [FR Doc. 2015–31637 Filed 12–15–15; 8:45 am]
                                              should the need arise. IPG contends that                and how would they be enforced?
                                                                                                         If the Judges determine that IPG is                BILLING CODE 7555–01–P
                                              the Judges’ concern expressed in that
                                              order (which IPG contends was                           entitled to the partial distribution it
                                              ‘‘unwarranted’’) ‘‘was inspired by                      requests, what methodology should the
                                                                                                      Judges use to determine the dollar                    NATIONAL SCIENCE FOUNDATION
                                              nothing more than inflammatory
                                              rhetoric of the [Settling Devotional                    amount to which IPG is entitled? Would                Notice of Permits Issued Under the
                                              Claimants].’’ IPG Reply at 7.                           it be necessary for the Judges (or the                Antarctic Conservation Act of 1978
                                                 Before authorizing a partial                         Licensing Division of the Copyright
                                              distribution of royalty funds requested                 Office, or both) to have access to all                AGENCY: National Science Foundation.
                                              under Section 801(b)(3)(C) of the                       applicable Phase I confidential                       ACTION: Notice of permits issued under
                                              Copyright Act, the Judges must first                    agreements to make the necessary                      the Antarctic Conservation of 1978,
                                              publish a notice in the Federal Register                calculations or is another means                      Public Law 95–541.
                                              seeking responses to the request to                     available? Commenters should consider
                                              ascertain whether any claimant entitled                 what special calculations would have to               SUMMARY:   The National Science
                                              to receive such royalty fees has a                      be made to determine IPG’s share of the               Foundation (NSF) is required to publish
                                              reasonable objection to the proposed                    various subfunds (Basic, Syndex and                   notice of permits issued under the
                                              distribution. This Notice seeks                         3.75%) in addition to calculating                     Antarctic Conservation Act of 1978.
                                              comments on whether any interested                      interest on (and deductions of                        This is the required notice.
                                              claimant asserts a reasonable objection                 applicable expenses against) funds                    FOR FURTHER INFORMATION CONTACT:
                                              to IPG’s request. The Judges must                       deposited with the Licensing Division.                Nature McGinn, ACA Permit Officer,
                                              receive written objections detailing the                   The issues and questions set forth                 Division of Polar Programs, Rm. 755,
                                              existence and extent of any entity’s                    above are not necessarily exhaustive.                 National Science Foundation, 4201
                                              objection(s) by the end of the comment                  Commenters may address any other                      Wilson Boulevard, Arlington, VA 22230.
                                              period. The Judges will not consider any                issues or questions that they believe are             Or by email: ACApermits@nsf.gov.
                                              objections with respect to the partial                  relevant to the pending Motion.                       SUPPLEMENTARY INFORMATION: On
                                              distribution motion that come to their                     The Copyright Royalty Board has                    November 9, 2015 the National Science
                                              attention after the close of that period.               posted IPG’s Motion at http://                        Foundation published a notice in the
                                                 In particular, the Judges seek                       www.loc.gov/crb.                                      Federal Register of a permit application
                                              comment on whether IPG should be                          Dated: December 10, 2015.                           received. The permit was issued on
                                              considered an ‘‘established claimant’’                  Jesse M. Feder,                                       December 10, 2015 to:
                                              for purposes of receiving a partial                     U.S. Copyright Royalty Judge.                         Vincent J. LiCata Permit No. 2016–017
                                              distribution of royalties, and, if so, for              [FR Doc. 2015–31629 Filed 12–15–15; 8:45 am]
                                              what years and for which Phase I                                                                              Nadene G. Kennedy,
                                                                                                      BILLING CODE 1410–72–P
                                              categories, and for which funds. For                                                                          Polar Coordination Specialist, Division of
                                              example, assuming for the sake of                                                                             Polar Programs.
                                              argument that IPG is deemed an                                                                                [FR Doc. 2015–31591 Filed 12–15–15; 8:45 am]
                                                                                                      NATIONAL SCIENCE FOUNDATION
                                              ‘‘established claimant’’ with respect to                                                                      BILLING CODE 7555–01–P
                                              the Phase I Program Suppliers Category                  Notice of Permits Issued Under the
                                              for cable for a particular year, does that              Antarctic Conservation Act of 1978
                                              status carry over to other Phase I                                                                            NUCLEAR REGULATORY
                                              categories (e.g., Devotionals, Joint                    AGENCY: National Science Foundation.                  COMMISSION
                                              Sports, etc.)? Does it carry over to all                ACTION: Notice of permits issued under
                                              years? If not, to which years does the                  the Antarctic Conservation of 1978,                   [Docket Nos. 50–244 and 72–67; NRC–2015–
                                                                                                      Public Law 95–541.                                    0249]
                                              ‘‘established claimant’’ status apply?
                                              Moreover, does the status of an                                                                               Exelon Generation Company, LLC;
                                              established cable claimant (or claimant                 SUMMARY:   The National Science
                                                                                                      Foundation (NSF) is required to publish               R.E. Ginna Nuclear Power Plant
                                              representative) carry over to satellite
                                              royalties, as IPG contends, or only to                  notice of permits issued under the                    AGENCY:  Nuclear Regulatory
                                              cable royalties? Does the reverse also                  Antarctic Conservation Act of 1978.                   Commission.
                                              apply (i.e., is an ‘‘established claimant’’             This is the required notice.
                                                                                                                                                            ACTION: Finding of no significant impact
                                              for purposes of satellite also an                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            with associated environmental
                                              ‘‘established claimant’’ for cable)?                    Nature McGinn, ACA Permit Officer,                    assessment; final issuance.
                                                                                                      Division of Polar Programs, Rm. 755,
tkelley on DSK9F6TC42PROD with NOTICES




                                                 3 The Judges note that MPAA proposed a Program       National Science Foundation, 4201                     SUMMARY:   The U.S. Nuclear Regulatory
                                              Suppliers satellite share allocation to IPG of 0.20%    Wilson Boulevard, Arlington, VA 22230.                Commission (NRC) is issuing an
                                              in 2002 and 0.13% in 2004. For the eight remaining      Or by email: ACApermits@nsf.gov.                      environmental assessment (EA) and
                                              years in controversy, MPAA proposed shares higher
                                                                                                      SUPPLEMENTARY INFORMATION: On                         finding of no significant impact (FONSI)
                                              than 0.20%. MPAA-Represented Program Suppliers’
                                              Proposed Findings of Fact and Conclusions of Law        November 5, 2015 the National Science                 related to a request to amend Renewed
                                              at 7 (Aug. 17, 2015).                                   Foundation published a notice in the                  Facility Operating License No. DPR–18,


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Document Created: 2015-12-16 01:01:26
Document Modified: 2015-12-16 01:01:26
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 requesting comments.
DatesComments are due on or before January 15, 2016.
ContactLakeshia Keys, Program Specialist, by telephone at (202) 707-7658 or email at [email protected]
FR Citation80 FR 78252 

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