81_FR_84704 81 FR 84478 - Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates

81 FR 84478 - Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84478-84479
FR Document2016-28180

The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 1.6% 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 2015 to October 2016.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016) 
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84478-84479]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28180]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 386

[Docket No. 16-CRB-0017-SA-COLA (2017)]


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 1.6% 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 2015 to October 
2016.

DATES: Effective Date: January 1, 2017.
    Applicability Dates: These rates are applicable to the period 
January 1, 2017, through December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, Attorney Advisor, by 
telephone at (202) 707-7658 or by email at crb@loc.gov.

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, 
2015, to the most recent index published before December 1, 2016, is 
1.6%.\2\ Application of the 1.6% COLA to the current rate for the 
secondary transmission of broadcast stations by satellite carriers for 
private

[[Page 84479]]

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 1.6% COLA to 
the current rate for viewing in commercial establishments--56 cents per 
subscriber per month--results in a rate of 57 cents per subscriber per 
month (rounded to the nearest cent). See 37 CFR 386.2(b)(2).
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    \2\ On November 17, 2016, the Bureau of Labor Statistics 
announced that the CPI-U increased 1.6% 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)(viii) and 
(b)(2)(viii) as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (viii) 2017: 27 cents per subscriber per month.
    (2) * * *
    (viii) 2017: 57 cents per subscriber per month.

    Dated: November 17, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016-28180 Filed 11-22-16; 8:45 am]
 BILLING CODE 1410-72-P

84478 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations LIBRARY OF CONGRESS published before December 1, 2014, to ACTION: Final rule. the most recent index published before Copyright Royalty Board December 1, 2016, is 1.6%.1 In SUMMARY: The Copyright Royalty Judges accordance with 37 CFR 381.10(b), the announce a cost of living adjustment 37 CFR Part 381 Judges announce that the COLA for (COLA) of 1.6% in the royalty rates calendar year 2017 shall be 2%. satellite carriers pay for a compulsory [Docket No. 16–CRB–0016–PBR–COLA license under the Copyright Act. The (2017)] Application of the 2% COLA to the current rate for the performance of COLA is based on the change in the published nondramatic musical Consumer Price Index from October Cost of Living Adjustment for compositions in the repertory of 2015 to October 2016. Performance of Musical Compositions by Colleges and Universities SESAC—$149 per station—results in an DATES: Effective Date: January 1, 2017. adjusted rate of $152 per station. Applicability Dates: These rates are AGENCY: Copyright Royalty Board, applicable to the period January 1, 2017, Library of Congress. List of Subjects in 37 CFR Part 381 through December 31, 2017. ACTION: Final rule. Copyright, Music, Radio, Television, FOR FURTHER INFORMATION CONTACT: Rates. Kimberly Whittle, Attorney Advisor, by SUMMARY: The Copyright Royalty Judges telephone at (202) 707–7658 or by email announce a cost of living adjustment Final Regulations at crb@loc.gov. (COLA) of 2% in the royalty rates that In consideration of the foregoing, the SUPPLEMENTARY INFORMATION: The colleges, universities, and other Judges amend part 381 of title 37 of the satellite carrier compulsory license educational institutions not affiliated Code of Federal Regulations as follows: establishes a statutory copyright with National Public Radio pay for the licensing scheme for the retransmission use of published nondramatic musical PART 381—USE OF CERTAIN of distant television programming by compositions in the SESAC repertory COPYRIGHTED WORKS IN satellite carriers. 17 U.S.C. 119. for the statutory license under the CONNECTION WITH Congress created the license in 1988 and Copyright Act for noncommercial NONCOMMERCIAL EDUCATIONAL has reauthorized the license for broadcasting. BROADCASTING additional five-year periods, most DATES: Effective date: January 1, 2017. ■ 1. The authority citation for part 381 recently with the passage of the STELA Applicability dates: These rates are continues to read as follows: Reauthorization Act of 2014, Public Law applicable to the period January 1, 2017, 113–200. Authority: 17 U.S.C. 118, 801(b)(1), and On August 31, 2010, the Copyright through December 31, 2017. 803. FOR FURTHER INFORMATION CONTACT: Royalty Judges (Judges) adopted rates ■ 2. Section 381.5 is amended by for the section 119 compulsory license Kimberly Whittle, Attorney Advisor, by revising paragraph (c)(3)(v) to read as telephone at (202) 707–7658 or by email for the 2010–2014 term. See 75 FR follows: 53198. The rates were proposed by at crb@loc.gov. § 381.5 Performance of musical Copyright Owners and Satellite SUPPLEMENTARY INFORMATION: Section compositions by public broadcasting Carriers 1 and were unopposed. Id. 118 of the Copyright Act, title 17 of the Section 119(c)(2) of the Copyright Act entities licensed to colleges and United States Code, creates a statutory universities. provides that, effective January 1 of each license for the use of published year, the Judges shall adjust the royalty nondramatic musical works and * * * * * (c) * * * fee payable under Section 119(b)(1)(B) published pictorial, graphic, and ‘‘to reflect any changes occurring in the (3) * * * sculptural works in connection with (v) 2017: $152 per station. cost of living as determined by the most noncommercial broadcasting. recent Consumer Price Index (for all On November 29, 2012, the Copyright * * * * * Dated: November 17, 2016. consumers and for all items) [CPI–U] Royalty Judges (Judges) adopted final published by the Secretary of Labor regulations governing the rates and Suzanne M. Barnett, before December 1 of the preceding terms of copyright royalty payments Chief Copyright Royalty Judge. year.’’ Section 119 also requires that under section 118 of the Copyright Act [FR Doc. 2016–28178 Filed 11–22–16; 8:45 am] ‘‘[n]otification of the adjusted fees shall for the license period 2013–2017. See 77 BILLING CODE 1410–72–P be published in the Federal Register at FR 71104. Pursuant to these regulations, least 25 days before January 1.’’ 17 on or before December 1 of each year, U.S.C. 119(c)(2). the Judges shall publish in the Federal LIBRARY OF CONGRESS The change in the cost of living as Register a notice of the change in the determined by the CPI–U during the cost of living for the rate codified at Copyright Royalty Board period from the most recent index § 381.5(c)(3) relating to compositions in published before December 1, 2015, to the repertory of SESAC. The adjustment, 37 CFR Part 386 the most recent index published before fixed to the nearest dollar, shall be the [Docket No. 16–CRB–0017–SA–COLA December 1, 2016, is 1.6%.2 Application greater of ‘‘the change in the cost of (2017)] of the 1.6% COLA to the current rate for living as determined by the Consumer the secondary transmission of broadcast Price Index (all consumers, all items) Cost of Living Adjustment to Satellite stations by satellite carriers for private [CPI–U] * * * during the period from Carrier Compulsory License Royalty mstockstill on DSK3G9T082PROD with RULES the most recent index published prior to Rates 1 Program Suppliers and Joint Sports Claimants the previous notice to the most recent AGENCY: Copyright Royalty Board, comprised the Copyright Owners while DIRECTV, index published prior to December 1, of Library of Congress. Inc., DISH Network, LLC, and National that year,’’ or 2%. 37 CFR 381.10. Programming Service, LLC, comprised the Satellite Carriers. The change in the cost of living as 1 On November 17, 2016, the Bureau of Labor 2 On November 17, 2016, the Bureau of Labor determined by the CPI–U during the Statistics announced that the CPI–U increased 1.6% Statistics announced that the CPI–U increased 1.6% period from the most recent index over the last 12 months. over the last 12 months. VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 PO 00000 Frm 00090 Fmt 4700 Sfmt 4700 E:\FR\FM\23NOR1.SGM 23NOR1

Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations 84479 home viewing—27 cents per subscriber Department of Environmental Protection I. Background and Overview per month—results in an unchanged (FDEP), on January 22, 2013, to rate of 27 cents per subscriber per demonstrate that the State meets certain On January 22, 2010 (75 FR 6474, month (rounded to the nearest cent). See infrastructure requirements of the Clean February 9, 2010), EPA promulgated a 37 CFR 386.2(b)(1). Application of the Air Act (CAA or Act) for the 2010 1- new 1-hour primary NAAQS for NO2 at 1.6% COLA to the current rate for hour nitrogen dioxide (NO2) national a level of 100 parts per billion, based on viewing in commercial establishments— ambient air quality standards (NAAQS). a 3-year average of the 98th percentile 56 cents per subscriber per month— The CAA requires that each state adopt of the yearly distribution of 1-hour daily results in a rate of 57 cents per and submit a SIP for the maximum concentrations. Pursuant to subscriber per month (rounded to the implementation, maintenance and section 110(a)(1) of the CAA, states are nearest cent). See 37 CFR 386.2(b)(2). enforcement of each NAAQS required to submit SIPs meeting the promulgated by EPA, which is requirements of section 110(a)(2) within List of Subjects in 37 CFR Part 386 commonly referred to as an three years after promulgation of a new Copyright, Satellite, Television. ‘‘infrastructure’’ SIP. FDEP certified that or revised NAAQS or within such the Florida SIP contains provisions that shorter period as EPA may prescribe. Final Regulations ensure the 2010 1-hour NO2 NAAQS is Section 110(a)(2) requires states to In consideration of the foregoing, the implemented, enforced, and maintained address basic SIP elements such as Judges amend part 386 of title 37 of the in Florida. EPA has determined that requirements for monitoring, basic Code of Federal Regulations as follows: Florida’s infrastructure SIP submission, program requirements and legal provided to EPA on January 22, 2013, authority that are designed to assure PART 386—ADJUSTMENT OF satisfies certain required infrastructure attainment and maintenance of the ROYALTY FEES FOR SECONDARY elements for the 2010 1-hour NO2 NAAQS. States were required to submit TRANSMISSIONS BY SATELLITE NAAQS. such SIPs for the 2010 NO2 NAAQS to CARRIERS EPA no later than January 22, 2013. DATES: This rule will be effective ■ 1. The authority citation for part 386 December 23, 2016. In a proposed rulemaking published continues to read as follows: ADDRESSES: EPA has established a on July 20, 2016 (81 FR 47094), EPA Authority: 17 U.S.C. 119(c), 801(b)(1). docket for this action under Docket proposed to approve Florida’s 2010 1- Identification No. EPA–R04–OAR– hour NO2 NAAQS infrastructure SIP ■ 2. Section 386.2 is amended by adding 2014–0507. All documents in the docket submission submitted on January 22, paragraphs (b)(1)(viii) and (b)(2)(viii) as are listed on the www.regulations.gov 2013, with the exception of the elements follows: Web site. Although listed in the index, related to the ambient air quality § 386.2 Royalty fee for secondary some information is not publicly monitoring and data system of section transmission by satellite carriers. available, i.e., Confidential Business 110(a)(2)(B), and the prevention of * * * * * Information or other information whose significant deterioration (PSD) (b) * * * disclosure is restricted by statute. permitting requirements for major (1) * * * Certain other material, such as sources of sections 110(a)(2)(C), prong 3 (viii) 2017: 27 cents per subscriber per copyrighted material, is not placed on of D(i), and (J). EPA is not acting on month. the Internet and will be publicly Florida’s January 22, 2013, (2) * * * available only in hard copy form. infrastructure SIP submission regarding (viii) 2017: 57 cents per subscriber per Publicly available docket materials are the PSD permitting requirements for month. available either electronically through major sources of sections 110(a)(2)(C), Dated: November 17, 2016. www.regulations.gov or in hard copy at prong 3 of D(i) and (J) for the 2010 1- Suzanne M. Barnett, the Air Regulatory Management Section, hour NO2 NAAQS because it previously Air Planning and Implementation approved these requirements. See 80 FR Chief Copyright Royalty Judge. Branch, Air, Pesticides and Toxics 14019, March 18, 2015. Regarding [FR Doc. 2016–28180 Filed 11–22–16; 8:45 am] Management Division, U.S. section 110(a)(2)(B), EPA is not taking BILLING CODE 1410–72–P Environmental Protection Agency, any action on this portion of Florida’s Region 4, 61 Forsyth Street SW., 2010 1-hour NO2 NAAQS infrastructure Atlanta, Georgia 30303–8960. EPA SIP submission in this action and will ENVIRONMENTAL PROTECTION requests that if at all possible, you instead address this requirement in a AGENCY contact the person listed in the FOR separate action. Also note that EPA did FURTHER INFORMATION CONTACT section to not propose any action regarding the 40 CFR Part 52 schedule your inspection. The Regional interstate transport provisions [EPA–R04–OAR–2014–0507; FRL–9955–49– Office’s official hours of business are pertaining to the contribution to Region 4] Monday through Friday 8:30 a.m. to nonattainment or interference with 4:30 p.m., excluding Federal holidays. maintenance in other states of prongs 1 Air Plan Approval; FL Infrastructure FOR FURTHER INFORMATION CONTACT: and 2 of section 110(a)(2)(D)(i) because Requirements for the 2010 1-hour NO2 Richard Wong, Air Regulatory Florida’s January 22, 2013 SIP NAAQS Management Section, Air Planning and submission did not address these AGENCY: Environmental Protection Implementation Branch, Pesticides and requirements. The details of Florida’s Agency. Toxics Management Division, Region 4, submission and the rationale for EPA’s mstockstill on DSK3G9T082PROD with RULES ACTION: Final rule. U.S. Environmental Protection Agency, actions for this final rulemaking are 61 Forsyth Street SW., Atlanta, Georgia explained in the July 20, 2016, proposed SUMMARY: The Environmental Protection 30303–8960. The telephone number is rulemaking. Comments on the proposed Agency (EPA) is taking final action to (404) 562–8726. Mr. Richard Wong can rulemaking were due on or before approve the State Implementation Plan also be reached via electronic mail at August 19, 2016. EPA received no (SIP) submission, submitted by the State wong.richard@epa.gov. adverse comments on the proposed of Florida, through the Florida SUPPLEMENTARY INFORMATION: action. VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 PO 00000 Frm 00091 Fmt 4700 Sfmt 4700 E:\FR\FM\23NOR1.SGM 23NOR1


Document Created: 2016-11-23 05:30:15
Document Modified: 2016-11-23 05:30:15
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.
ContactKimberly Whittle, Attorney Advisor, by telephone at (202) 707-7658 or by email at [email protected]
FR Citation81 FR 84478 
CFR AssociatedCopyright; Satellite and Television
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