81_FR_257 81 FR 255 - Determination of Rates and Terms for Satellite Radio and “Preexisting” Subscription Services (SDARS III 1

81 FR 255 - Determination of Rates and Terms for Satellite Radio and “Preexisting” Subscription Services (SDARS III 1

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 81, Issue 2 (January 5, 2016)

Page Range255-255
FR Document2015-33119

The Copyright Royalty Judges announce commencement of a proceeding to determine reasonable rates and terms for the digital performance of sound recordings and the making of ephemeral recordings by satellite radio and ``preexisting'' subscription services \2\ for the period beginning January 1, 2018, and ending December 31, 2022. The Copyright Royalty Judges also announce the date by which a party wishing to participate in the rate determination proceeding must file its Petition to Participate and the accompanying $150 filing fee. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 2 (Tuesday, January 5, 2016)
[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Notices]
[Page 255]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33119]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 16-CRB-0001-SR/PSSR (2018-2022)]


Determination of Rates and Terms for Satellite Radio and 
``Preexisting'' Subscription Services (SDARS III \1\)
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    \1\ SDARS stands for Satellite Digital Audio Radio Service.
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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 announce commencement of a 
proceeding to determine reasonable rates and terms for the digital 
performance of sound recordings and the making of ephemeral recordings 
by satellite radio and ``preexisting'' subscription services \2\ for 
the period beginning January 1, 2018, and ending December 31, 2022. The 
Copyright Royalty Judges also announce the date by which a party 
wishing to participate in the rate determination proceeding must file 
its Petition to Participate and the accompanying $150 filing fee.
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    \2\ Only subscription digital audio transmission services in 
operation on or before July 31, 1998, qualify as and continue to be 
called ``preexisting'' subscription services. See 17 U.S.C. 
114(j)(11); see also 114(d)(2)(B).

DATES: Petitions to Participate and the filing fee are due no later 
---------------------------------------------------------------------------
than February 4, 2016.

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 email at [email protected].

SUPPLEMENTARY INFORMATION: Under the Copyright Act, the Copyright 
Royalty Judges (Judges) must commence a proceeding every five years to 
determine reasonable rates and terms to license the digital 
transmission of sound recordings and the making of ephemeral recordings 
to facilitate those transmissions by preexisting subscription services 
and preexisting satellite digital audio radio services. See 17 U.S.C. 
112 (e), 114(d)(2), 804(b)(3)(B), 803(b)(1)(A)(i)(III). This notice 
commences the rate determination proceeding for the license period 
2018-2022.

Petitions To Participate

    Parties with a significant interest in the outcome of the rate 
proceeding must file Petitions to Participate in accordance with Sec.  
351.1(b) of the Judges' regulations. See 37 CFR 351.1(b). Parties must 
send the $150 filing fee with each Petition to Participate. The 
Copyright Royalty Board (CRB) will not accept payment by cash; 
therefore, parties must pay the filing fee with a check or money order 
made payable to ``Copyright Royalty Board.'' If a check received in 
payment of the filing fee is returned for lack of sufficient funds, the 
Judges will dismiss the corresponding Petition to Participate.
    Only attorneys who are admitted to the bar in one or more states or 
the District of Columbia and are members in good standing will be 
allowed to represent parties before the Judges. Only an individual may 
represent herself or himself and appear without legal counsel. 37 CFR 
350.2.

How To Submit Petitions To Participate

    Any party wishing to participate in the proceeding to determine 
cable royalty rates for 2015 through 2019 must submit to the Copyright 
Royalty Board the filing fee (U.S. $150), an original (paper) 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 all filed electronic documents to the 
Judges' Guidelines for Electronic Documents posted on the Copyright 
Royalty Board Web site 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: December 29, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015-33119 Filed 1-4-16; 8:45 am]
BILLING CODE 1410-72-P



                                                                                   Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices                                                       255

                                                      Comments submitted in response to                     FOR FURTHER INFORMATION CONTACT:                         U.S. mail: Copyright Royalty Board,
                                                    this notice will be summarized and/or                   LaKeshia Keys, CRB Program Specialist,                 P.O. Box 70977, Washington, DC 20024–
                                                    included in the request for Office of                   by telephone at (202) 707–7658 or email                0977; or
                                                    Management and Budget approval of the                   at crb@loc.gov.                                          Overnight service (only USPS Express
                                                    information collection request; they also               SUPPLEMENTARY INFORMATION: Under the                   Mail is acceptable): Copyright Royalty
                                                    will become a matter of public record.                  Copyright Act, the Copyright Royalty                   Board, P.O. Box 70977, Washington, DC
                                                      Signed at Washington, DC, this 29th day of            Judges (Judges) must commence a                        20024–0977; or
                                                    December 2015.                                          proceeding every five years to determine                 Commercial courier: Address package
                                                    Kimberly D. Hill,                                       reasonable rates and terms to license the              to: Copyright Royalty Board, Library of
                                                    Chief, Division of Management Systems,                  digital transmission of sound recordings               Congress, James Madison Memorial
                                                    Bureau of Labor Statistics.                             and the making of ephemeral recordings                 Building, LM–403, 101 Independence
                                                    [FR Doc. 2015–33142 Filed 1–4–16; 8:45 am]              to facilitate those transmissions by                   Avenue SE., Washington, DC 20559–
                                                                                                            preexisting subscription services and                  6000. Deliver to: Congressional Courier
                                                    BILLING CODE 4510–24–P
                                                                                                            preexisting satellite digital audio radio              Acceptance Site, 2nd Street NE. and D
                                                                                                            services. See 17 U.S.C. 112 (e),                       Street NE., Washington, DC; or
                                                                                                            114(d)(2), 804(b)(3)(B),                                 Hand delivery: Library of Congress,
                                                    LIBRARY OF CONGRESS                                                                                            James Madison Memorial Building, LM–
                                                                                                            803(b)(1)(A)(i)(III). This notice
                                                    Copyright Royalty Board                                 commences the rate determination                       401, 101 Independence Avenue SE.,
                                                                                                            proceeding for the license period 2018–                Washington, DC 20559–6000.
                                                    [Docket No. 16–CRB–0001–SR/PSSR (2018–
                                                                                                            2022.                                                    Dated: December 29, 2015.
                                                    2022)]
                                                                                                            Petitions To Participate                               Suzanne M. Barnett,
                                                    Determination of Rates and Terms for                                                                           Chief Copyright Royalty Judge.
                                                    Satellite Radio and ‘‘Preexisting’’                        Parties with a significant interest in              [FR Doc. 2015–33119 Filed 1–4–16; 8:45 am]
                                                    Subscription Services (SDARS III 1)                     the outcome of the rate proceeding must
                                                                                                                                                                   BILLING CODE 1410–72–P
                                                                                                            file Petitions to Participate in
                                                    AGENCY:  Copyright Royalty Board,                       accordance with § 351.1(b) of the
                                                    Library of Congress.                                    Judges’ regulations. See 37 CFR                        LIBRARY OF CONGRESS
                                                    ACTION: Notice announcing                               351.1(b). Parties must send the $150
                                                    commencement of proceeding with                         filing fee with each Petition to                       Copyright Royalty Board
                                                    request for Petitions to Participate.                   Participate. The Copyright Royalty
                                                                                                            Board (CRB) will not accept payment by                 [Docket No. 16–CRB–0003–PR (2018–2022)]
                                                    SUMMARY:    The Copyright Royalty Judges                cash; therefore, parties must pay the
                                                    announce commencement of a                              filing fee with a check or money order                 Determination of Rates and Terms for
                                                    proceeding to determine reasonable                      made payable to ‘‘Copyright Royalty                    Making and Distributing Phonorecords
                                                    rates and terms for the digital                         Board.’’ If a check received in payment                (Phonorecords III)
                                                    performance of sound recordings and                     of the filing fee is returned for lack of
                                                    the making of ephemeral recordings by                                                                          AGENCY:  Copyright Royalty Board,
                                                                                                            sufficient funds, the Judges will dismiss
                                                    satellite radio and ‘‘preexisting’’                                                                            Library of Congress.
                                                                                                            the corresponding Petition to
                                                    subscription services 2 for the period                  Participate.                                           ACTION: Notice announcing
                                                    beginning January 1, 2018, and ending                      Only attorneys who are admitted to                  commencement of proceeding with
                                                    December 31, 2022. The Copyright                        the bar in one or more states or the                   request for Petitions to Participate.
                                                    Royalty Judges also announce the date                   District of Columbia and are members in
                                                    by which a party wishing to participate                                                                        SUMMARY:    The Copyright Royalty Judges
                                                                                                            good standing will be allowed to                       announce commencement of a
                                                    in the rate determination proceeding                    represent parties before the Judges. Only
                                                    must file its Petition to Participate and                                                                      proceeding to determine reasonable
                                                                                                            an individual may represent herself or                 rates and terms for making and
                                                    the accompanying $150 filing fee.                       himself and appear without legal
                                                    DATES: Petitions to Participate and the
                                                                                                                                                                   distributing phonorecords for the period
                                                                                                            counsel. 37 CFR 350.2.                                 beginning January 1, 2018, and ending
                                                    filing fee are due no later than February
                                                    4, 2016.                                                How To Submit Petitions To Participate                 December 31, 2022. The Copyright
                                                                                                                                                                   Royalty Judges also announce the date
                                                    ADDRESSES: This notice and request is                      Any party wishing to participate in                 by which a party wishing to participate
                                                    also posted on the agency’s Web site                    the proceeding to determine cable                      in the rate determination proceeding
                                                    (www.loc.gov/crb) and on                                royalty rates for 2015 through 2019 must               must file its Petition to Participate and
                                                    Regulations.gov (www.regulations.gov).                  submit to the Copyright Royalty Board                  the accompanying $150 filing fee.
                                                    Parties who plan to participate should                  the filing fee (U.S. $150), an original
                                                    see How to Submit Petitions to                                                                                 DATES: Petitions to Participate and the
                                                                                                            (paper) Petition to Participate, five
                                                    Participate in the SUPPLEMENTARY                        paper copies, and an electronic copy on                filing fee are due no later than February
                                                    INFORMATION section below for physical                  a CD or other portable memory device                   4, 2016.
                                                    addresses and further instructions.                     in Portable Document Format (PDF) that                 ADDRESSES: This notice and request is
                                                                                                            contains searchable, accessible text (not              also posted on the agency’s Web site
                                                       1 While a request for hearing or petition to
                                                                                                            a scanned image of text). Participants                 (www.loc.gov/crb) and on
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                                                    intervene in this proceeding must comply with the       should conform all filed electronic                    Regulations.gov (www.regulations.gov).
                                                    filing requirements of the NRC’s ‘‘E-Filing Rule,’’                                                            Parties who plan to participate should
                                                    the initial request to access SUNSI under these         documents to the Judges’ Guidelines for
                                                    procedures should be submitted as described in this     Electronic Documents posted on the                     see How to Submit Petitions to
                                                    paragraph.                                              Copyright Royalty Board Web site at                    Participate in the SUPPLEMENTARY
                                                       2 Any motion for Protective Order or draft Non-
                                                                                                            www.loc.gov/crb/docs/Guidelinesfor_                    INFORMATION section below for physical
                                                    Disclosure Affidavit or Agreement for SUNSI must                                                               addresses and further instructions.
                                                    be filed with the presiding officer or the Chief
                                                                                                            Electronic_Documents.pdf. Participants
                                                    Administrative Judge if the presiding officer has not   shall deliver Petitions to Participate to              FOR FURTHER INFORMATION CONTACT:
                                                    yet been designated, within 30 days of the deadline     only one of the following addresses.                   LaKeshia Keys, CRB Program Specialist,


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Document Created: 2016-01-05 01:46:39
Document Modified: 2016-01-05 01:46:39
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
ContactLaKeshia Keys, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected]
FR Citation81 FR 255 

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