81_FR_84752 81 FR 84526 - Electronic Filing of Documents

81 FR 84526 - Electronic Filing of Documents

LIBRARY OF CONGRESS
Copyright Royalty Board

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

Page Range84526-84530
FR Document2016-27932

The Copyright Royalty Judges propose to amend procedural regulations governing the filing and delivery of documents to allow for electronic filing of documents. The Judges solicit comments on the proposed rule.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016)
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Proposed Rules]
[Pages 84526-84530]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27932]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Parts 301, 350 and 351

[Docket No. 16-CRB-0015-RM]


Electronic Filing of Documents

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Copyright Royalty Judges propose to amend procedural 
regulations governing the filing and delivery of documents to allow for 
electronic filing of documents. The Judges solicit comments on the 
proposed rule.

DATES: Comments are due no later than December 23, 2016.

ADDRESSES: Submit electronic comments via email to crb@loc.gov. Those 
who choose not to submit comments electronically should see ``How to 
Submit Comments'' in the SUPPLEMENTARY INFORMATION section below for 
physical addresses and further instructions. The proposed rule is also 
posted on the agency's Web site (www.loc.gov/crb).

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

SUPPLEMENTARY INFORMATION: On September 23, 2016, the Library of 
Congress awarded a contract for the design and implementation of an 
electronic filing and case management system for the Copyright Royalty 
Board (``Board''). The Copyright Royalty Judges (``Judges'') anticipate 
that the new system will be available for use by claims filers, 
participants in proceedings before the Judges, and other members of the 
public having business with the Board (e.g., persons wishing to comment 
on proposed regulations) by May 2017. The Judges intend to make use of 
the system mandatory for claimants and participants in proceedings 
after a six-month transition period.
    As part of the Judges' continuing oversight of the Board's 
procedural regulations, the Judges propose to amend the regulations to 
accommodate electronic filing of documents and to specify the required 
format of both electronic and paper documents. In addition, the Judges 
propose to amend the regulations to remove references to obsolete 
technologies and to eliminate redundant provisions.

I. Part 301--Organization

    The Judges propose to amend Part 301 to specify that (1) the 
official addresses for the Board are to be used only for documents that 
are not filed using the electronic filing system; (2) general 
correspondence, but not pleadings or claims, may be sent by electronic 
mail; and (3) fax is no longer an acceptable means of transmitting any 
document or correspondence to the Board.

II. Part 350--General Administrative Provisions

    The Judges propose rules concerning the required format and 
permitted length of documents, whether filed electronically or 
otherwise. Electronically-filed documents would be subject to 
additional requirements, similar to the guidelines that the Judges 
issued in November 2014.\1\
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    \1\ The guidelines are on the CRB Web site at www.loc.gov/crb/docs/Guidelines_for_Electronic_Documents.pdf.
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    The proposed regulations include rules on obtaining and using a 
password for filing documents electronically. The use of a password to 
file a document would constitute the filer's signature. Electronic 
filing of a document would effect delivery of the document to all 
parties to a proceeding who have been issued a password or are 
represented by counsel who has been issued a password.
    The Judges also propose to gather in this Part the various 
provisions that establish whether a document (including a claim) is 
timely filed. For documents that are not filed using the electronic 
filing system, the rules concerning timeliness would be unchanged. 
Documents that are filed electronically are considered timely if they 
are received and time-stamped by the system by 11:59:59 p.m. (ET) on 
the due date.

III. Part 351--Proceedings

    The Judges propose to amend paragraph 351.1(b)(4) to clarify that 
the filing fee that must accompany a petition to participate may be 
remitted by check or money order, or through the electronic filing 
system's payment portal.

IV. Part 360--Filing of Claims to Royalty Fees Collected Under 
Compulsory License

    The Judges will propose revisions to Part 360 in order to 
accommodate filing of claims through the new electronic filing system 
at a later date.

How To Submit Comments

    Interested members of the public must submit comments to only one 
of the following addresses. If not commenting by email or online, 
commenters must submit an original of their comments, five paper 
copies, and an electronic version on a CD.
    Email: crb@loc.gov; or
    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.

List of Subjects

37 CFR Part 301

    Copyright, Organization and functions (government agencies).

[[Page 84527]]

37 CFR Part 350

    Administrative practice and procedure, Copyright, Lawyers.

37 CFR Part 351

    Administrative practice and procedure, Copyright.

Proposed Regulations

    For the reasons set forth in the preamble, and under the authority 
of chapter 8, title 17, United States Code, the Copyright Royalty 
Judges propose to amend parts 301, 350, and 351 of Title 37 of the Code 
of Federal Regulations as follows:

SUBCHAPTER A--GENERAL PROVISIONS

PART 301--ORGANIZATION

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 17 U.S.C. 801.


Sec.  301.2  [Amended]

0
2. Revise Sec.  301.2 to read as follows:


Sec.  301.2  Official addresses.

    All claims, pleadings, and general correspondence intended for the 
Copyright Royalty Board and not submitted by electronic means through 
the electronic filing system (``eCRB'') must be addressed as follows:
    (a) If sent by mail (including overnight delivery using United 
States Postal Service Express Mail), the envelope should be addressed 
to: Copyright Royalty Board, P.O. Box 70977, Southwest Station, 
Washington, DC 20024-0977.
    (b) If hand-delivered by a private party, the envelope must be 
brought to the Copyright Office Public Information Office, Room LM-401 
in the James Madison Memorial Building, and be addressed as follows: 
Copyright Royalty Board, Library of Congress, James Madison Memorial 
Building, 101 Independence Avenue SE., Washington, DC 20559-6000.
    (c) If hand-delivered by a commercial courier (excluding Federal 
Express, United Parcel Service and similar courier services), the 
envelope must be delivered to the Congressional Courier Acceptance Site 
(CCAS) located at Second and D Street NE., Washington, DC.
    (d) Subject to paragraph (f), if sent by electronic mail, to 
crb@loc.gov.
    (e) Correspondence and filings for the Copyright Royalty Board may 
not be delivered by means of:
    (1) Overnight delivery services such as Federal Express, United 
Parcel Service, etc.; or
    (2) Fax.
    (f) General correspondence for the Copyright Royalty Board may be 
sent by electronic mail. Claimants or Parties must not send any claims, 
pleadings, or other filings to the Copyright Royalty Board by 
electronic mail without specific, advance authorization of the 
Copyright Royalty Judges.

SUBCHAPTER B--COPYRIGHT ROYALTY JUDGES' RULES AND PROCEDURES

PART 350--GENERAL ADMINISTRATIVE PROVISIONS

0
3. Revise part 350 to read as follows:

Sec.
350.1 Scope.
350.2 Representation.
350.3 Documents: Format and length.
350.4 Form of motions and responsive pleadings.
350.5 Electronic filing system (eCRB).
350.6 Filing and delivery.
350.7 Time.
350.8 Construction and waiver.

    Authority: 17 U.S.C. 803.

PART 350--GENERAL ADMINISTRATIVE PROVISIONS


Sec.  350.1  Scope.

    This subchapter governs procedures generally applicable to 
proceedings before the Copyright Royalty Judges in making 
determinations and adjustments pursuant to the Copyright Act, 17 U.S.C. 
801(b).


Sec.  350.2  Representation.

    Individual parties in proceedings before the Judges may represent 
themselves or be represented by an attorney. All other parties must be 
represented by an attorney. Cf. Rule 49(c)(11) of the Rules of the 
District of Columbia Court of Appeals. The appearance of an attorney on 
behalf of any party constitutes a representation that the attorney is a 
member of the bar, in one or more states, in good standing.


Sec.  350.3  Documents Format and Length.

    (a) Format--(1) Caption and description. Parties filing pleadings 
and documents in a proceeding before the Copyright Royalty Judges must 
include on the first page of each filing a caption that identifies the 
proceeding by proceeding type and docket number, and a heading under 
the caption describing the nature of the document. In addition, Parties 
must include a footer on each page that includes the name and posture 
of the filing party, e.g., [Party's] Motion, [Party's] Response in 
Opposition, etc.
    (2) Page Layout. Parties must submit documents that are typed 
(double spaced) using a serif typeface (e.g., Times New Roman) no 
smaller than 12 points for text or 10 points for footnotes and 
formatted for 8\1/2\ by 11 inch pages with no less than 1 inch margins. 
Parties must assure that any exhibit or attachment to documents 
reflects the docket number of the proceeding in which it is filed and 
that all pages are numbered appropriately. Any party submitting a 
document to the Copyright Royalty Board in paper format must submit it 
unfolded and produced on opaque 8\1/2\ by 11 inch white paper using a 
clear black image.
    (3) Binding or securing. Parties submitting any paper document to 
the Copyright Royalty Board must bind or secure the document in a 
manner that will prevent pages from becoming separated from the 
document. For example, acceptable forms of binding or securing include: 
Ring binders; spiral binding; comb binding; and for documents of fifty 
pages or fewer, a binder clip or single staple in the top left corner 
of the document. Rubber bands and paper clips are not acceptable means 
of securing a document.
    (b) Additional format requirements for electronic documents--(1) In 
general. Parties filing documents electronically through eCRB must 
follow the requirements of Sec.  350.3(a)(1) and (2) and the additional 
requirements in paragraphs (b)(2) through (8) of this section.
    (2) File type. Parties must file all pleadings and documents in 
Portable Document Format (PDF), with the exception of proposed orders. 
In addition, participants may provide the Copyright Royalty Board with 
copies of Excel workbooks, audio files, and video files in their native 
electronic formats. Participants may also provide the Copyright Royalty 
Board with copies of PowerPoint presentations or image files in their 
native electronic formats if conversion to PDF format would render the 
files difficult to read or view.
    (3) Proposed Orders; file type. Parties filing or responding to 
motions must provide a proposed order, drafted as if the Copyright 
Royalty Judges were granting the party's requested relief. The party 
must prepare the proposed order as a separate Word document and submit 
it as an attachment to the main pleading.
    (4) No scanned pleadings. Parties must convert every filed document 
directly to PDF format (using ``print to pdf'' or ``save to pdf''), 
rather than submitting a scanned PDF image. The Copyright Royalty Board 
will NOT accept scanned documents, except in the case of specific 
exhibits or attachments that are available to the filing party only in 
paper form.

[[Page 84528]]

    (5) Scanned exhibits. Parties must scan exhibits or other documents 
that are only available in paper form at no less than 300 dpi. All 
exhibits must be searchable. Parties must scan in color any exhibit 
that uses color to convey information or enhance readability.
    (6) Bookmarks. Parties must include in all electronic documents 
appropriate electronic bookmarks to designate the tabs and/or tables of 
contents that would appear in a paper version of the same document.
    (7) Page rotation. Parties must ensure that all pages in electronic 
documents are right side up, regardless of whether they are formatted 
for portrait or landscape printing.
    (8) Signature. The signature line of an electronic pleading must 
contain ``/s/'' followed by the signer's typed name. The name on the 
signature line must match the name of the user logged into eCRB to file 
the document. Parties with the capability may also sign documents with 
a verifiable electronic signature.
    (c) Length of submissions. Whether filing in paper or 
electronically, parties must adhere to the following space limitations 
or such other space limitations as the Copyright Royalty Judges may 
direct by order. Any party seeking an enlargement of the applicable 
page limit must make the request by a motion to the Copyright Royalty 
Judges filed no fewer than three days prior to the applicable filing 
deadline.
    (1) Motions. Motions must not exceed 20 pages or 5000 words 
(exclusive of exhibits, proof of delivery, and the like).
    (2) Responses. Responses in support of or opposition to motions 
must not exceed 20 pages or 5000 words (exclusive of exhibits, proof of 
delivery, and the like).
    (3) Replies. Replies in support of motions must not exceed 10 pages 
or 2500 words (exclusive of exhibits, proof of delivery, and the like).


Sec.  350.4  Form of Motion and Responsive Pleadings.

    A motion, responsive pleading, or reply must include the following 
content and conform to the following format:
    (a) Relief requested. The pleading must state specific relief the 
party seeks from the Copyright Royalty Judges.
    (b) Statement of facts. The pleading must include a succinct 
statement of material facts.
    (c) Statement of issues. The pleading must include a concise 
statement of the issues of law presented to the Copyright Royalty 
Judges for ruling.
    (d) Evidence relied upon. The pleading must state with 
particularity the evidence on which it is based, and must include any 
relevant, admissible documentary evidence as attachment(s).
    (e) Legal authority. Parties must cite any legal authority upon 
which they rely for the relief they seek.


Sec.  350.5  Electronic Filing System (eCRB).

    (a) Documents to be filed by electronic means--(1) Transition 
period. For a period of up to six months following the initial 
deployment of the Copyright Royalty Board's electronic filing and case 
management system (eCRB), all parties having the technological 
capability must file all documents with the Copyright Royalty Board 
through eCRB in addition to filing paper documents in conformity with 
applicable Copyright Royalty Board rules. The Copyright Royalty Board 
will announce the date of the initial deployment of eCRB on the 
Copyright Royalty Board Web site (www.loc.gov/crb), as well as the 
conclusion of the dual-system transition period.
    (2) Subsequent to transition period. Except as otherwise provided 
in this chapter, all attorneys must file documents with the Copyright 
Royalty Board through eCRB. Pro se parties may file documents with the 
Copyright Royalty Board through eCRB, subject to Sec.  350.4(c)(2).
    (b) Official record. The electronic version of a document filed 
through and stored in eCRB will be the official record of the Copyright 
Royalty Board.
    (c) Obtaining an electronic filing password--(1) Attorneys. An 
attorney must obtain an eCRB password from the Copyright Royalty Board 
in order to file documents or to receive copies of orders and 
determinations of the Copyright Royalty Judges. The Copyright Royalty 
Board will issue an eCRB password after the attorney applicant 
completes the application form available on the CRB Web site and 
completes eCRB training.
    (2) Pro se parties. A party not represented by an attorney (a pro 
se party) may obtain an eCRB password from the Copyright Royalty Board 
with permission from the Copyright Royalty Judges, in their discretion. 
To obtain permission, the pro se party must submit an application on 
the form available on the CRB Web site, describing the party's access 
to the Internet and confirming the party's ability and capacity to file 
documents and receive electronically the filings of other parties on a 
regular basis. If the Copyright Royalty Judges grant permission, the 
pro se party must complete the eCRB training provided by the Copyright 
Royalty Board to all electronic filers before receiving an eCRB 
password. Once the Copyright Royalty Board has issued an eCRB password 
to a pro se party, that party must make all subsequent filings by 
electronic means through eCRB.
    (3) Claimants. Any person desiring to file a claim with the 
Copyright Royalty Board for copyright royalties may obtain an eCRB 
password for the limited purpose of filing claims by completing the 
application form available on the CRB Web site.
    (d) Use of an eCRB password. An eCRB password may be used only by 
the person to whom it is assigned, or, in the case of an attorney, by 
that attorney or an authorized employee or agent of that attorney's law 
office or organization. The person to whom an eCRB password is assigned 
is responsible for any document filed using that password.
    (e) Signature. The use of an eCRB password to login and submit 
documents creates an electronic record. The password operates and 
serves as the signature of the person to whom the password is assigned 
for all purposes under this chapter III.
    (f) Originals of sworn documents. The electronic filing of a 
document that contains a sworn declaration, verification, certificate, 
statement, oath, or affidavit certifies that the original signed 
document is in the possession of the attorney or pro se party 
responsible for the filing and that it is available for review upon 
request by a party or by the Copyright Royalty Judges. The filer must 
file through eCRB a scanned copy of the signature page of the sworn 
document together with the document itself.
    (g) Consent to delivery by electronic means. An attorney or pro se 
party who obtains an eCRB password consents to electronic delivery of 
all documents, subsequent to the petition to participate, that are 
filed by electronic means through eCRB. Counsel and pro se parties are 
responsible for monitoring their email accounts and, upon receipt of 
notice of an electronic filing, for retrieving the noticed filing. 
Parties and their counsel bear the responsibility to keep the contact 
information in their eCRB profiles current.
    (h) Accuracy of docket entry. A person filing a document by 
electronic means is responsible for ensuring the accuracy of the 
official docket entry generated by the eCRB system, including proper 
identification of the proceeding, the filing party, and the description 
of the document. The Copyright Royalty Board will maintain on its Web 
site (www.loc.gov/crb) appropriate guidance regarding naming protocols 
for eCRB filers.
    (i) Documents subject to a protective order. A person filing a 
document by electronic means is responsible for

[[Page 84529]]

ensuring, at the time of filing, that any documents subject to a 
protective order are identified to the eCRB system as ``restricted'' 
documents. This requirement is in addition to any requirements detailed 
in the applicable protective order. Failure to identify documents as 
``restricted'' to the eCRB system may result in inadvertent publication 
of sensitive, protected material.
    (j) Exceptions to requirement of electronic filing--(1) Certain 
exhibits or attachments. Parties may file in paper form any exhibits or 
attachments that are not in a format that readily permits electronic 
filing, such as oversized documents; or are illegible when scanned into 
electronic format. Parties filing paper documents or things pursuant to 
this paragraph must deliver legible or usable copies of the documents 
or things in accordance with paragraph 350.5(a)(2) and must file 
electronically a notice of filing that includes a certificate of 
delivery.
    (2) Pro se parties. A pro se party must file documents in paper 
form and must deliver and accept delivery of documents in paper form, 
unless the pro se party has obtained an eCRB password.
    (k) Privacy Requirements. Unless otherwise instructed by the 
Copyright Royalty Judges, parties must exclude or redact from all 
electronically filed documents, whether designated ``restricted'' or 
not:
    (1) Social Security Numbers. If an individual's Social Security 
number must be included in a filed document for evidentiary reasons, 
the filer must use only the last four digits of that number.
    (2) Names of minor children. If a minor child must be mentioned in 
a document for evidentiary reasons, the filer must use only the 
initials of that child.
    (3) Dates of birth. If an individual's date of birth must be 
included in a pleading for evidentiary reasons, the filer must use only 
the year of birth.
    (4) Financial account numbers. If a financial account number is 
relevant evidence in the proceeding, the filer must use only the last 
four digits of the account identifier.
    (l) Incorrectly filed documents and technical difficulties. (1) The 
Copyright Royalty Board may direct an eCRB filer to re-file a document 
that has been incorrectly filed, or to correct an erroneous or 
inaccurate docket entry.
    (2) After the transition period, if an attorney or a pro se party 
who has been issued an eCRB password inadvertently presents a document 
for filing in paper form, the Copyright Royalty Board may direct the 
attorney or pro se party to file the document electronically. The 
document will be deemed filed on the date it was first presented for 
filing if, no later than the next business day after being so directed 
by the Copyright Royalty Board, the attorney or pro se participant 
files the document electronically. If the party fails to make the 
electronic filing on the next business day, the document will be deemed 
filed on the date of the electronic filing.
    (3) The inability to complete an electronic filing because of 
technical problems arising in the eCRB system may constitute ``good 
cause'' (as used in Sec.  350.6(b)(4)) for an order enlarging time or 
excusable neglect for the failure to act within the specified time. A 
filer encountering technical problems with an eCRB filing must 
immediately notify the Copyright Royalty Board of the problem either by 
email or by telephone, followed promptly by written confirmation. This 
rule does not provide authority to extend statutory time limits.


Sec.  350.6   Filing and delivery.

    (a) Filing of pleadings--(1) Electronic filing through eCRB. Except 
as described in Sec.  350.5(l)(2), any document filed by electronic 
means through eCRB in accordance with Sec.  350.5 constitutes filing 
for all purposes under this chapter, effective as of the date and time 
the document is received and timestamped by eCRB.
    (2) All other filings. For all filings not submitted by electronic 
means through eCRB, the submitting party must deliver an original, five 
paper copies, and one electronic copy in Portable Document Format (PDF) 
on an optical data storage medium such as a CD or DVD, a flash memory 
device, or an external hard disk drive to the Copyright Royalty Board 
in accordance with the provisions described in Sec.  301.2 of this 
chapter. In no case will the Copyright Royalty Board accept any 
document by facsimile transmission or electronic mail, except with 
prior express authorization of the Copyright Royalty Judges.
    (b) Exhibits. Filers must include all exhibits with the pleadings 
they support. In the case of exhibits not submitted by electronic means 
through eCRB, whose bulk or whose cost of reproduction would 
unnecessarily encumber the record or burden the party, the Copyright 
Royalty Judges will consider a motion, made in advance of the filing, 
to reduce the number of required copies. See Sec.  350.5(j).
    (c) English language translations. Filers must accompany each 
submission that is in a language other than English with an English-
language translation, duly verified under oath to be a true 
translation. Any other party to the proceeding may, in response, submit 
its own English-language translation, similarly verified, so long as 
the responding party's translation proves a substantive, relevant 
difference in the document.
    (d) Affidavits. The testimony of each witness must be accompanied 
by an affidavit or a declaration made pursuant to 28 U.S.C. 1746 
supporting the testimony. See Sec.  350.5(f).
    (e) Subscription--(1) Parties represented by counsel. Subject to 
Sec.  350.5(e), all documents filed electronically by counsel must be 
signed by at least one attorney of record and must list the attorney's 
full name, mailing address, email address (if any), telephone number, 
and a state bar identification number. See Sec.  350.5(e). Submissions 
signed by an attorney for a party need not be verified or accompanied 
by an affidavit. The signature of an attorney constitutes certification 
that the contents of the document are true and correct, to the best of 
the signer's knowledge, information, and belief, formed after an 
inquiry reasonable under the circumstances and:
    (i) The document is not being presented for any improper purpose, 
such as to harass or to cause unnecessary delay or needless increase in 
the cost of litigation;
    (ii) The claims, defenses, and other legal contentions therein are 
warranted by existing law or by a nonfrivolous argument for the 
extension, modification, or reversal of existing law or the 
establishment of new law;
    (iii) The allegations and other factual contentions have 
evidentiary support or, if specifically so identified, are likely to 
have evidentiary support after a reasonable opportunity for further 
investigation or discovery; and
    (iv) The denials of factual contentions are warranted by the 
evidence or, if specifically so identified, are reasonably based on a 
lack of information or belief.
    (2) Parties representing themselves. The original of all paper 
documents filed by a party not represented by counsel must be signed by 
that party and list that party's full name, mailing address, email 
address (if any), and telephone number. The party's signature will 
constitute the party's certification that, to the best of his or her 
knowledge and belief, there is good ground to support the document, and 
that it has not been interposed for purposes of delay.
    (f) Responses and replies. Responses in support of or opposition to 
motions must be filed within five days of the

[[Page 84530]]

filing of the motion. Replies to responses must be filed within four 
days of the filing of the response.
    (g) Participant list. The Copyright Royalty Judges will compile and 
distribute to those parties who have filed a valid petition to 
participate the official participant list for each proceeding. For all 
paper filings, a party must deliver a copy of the document to counsel 
for all other parties identified in the participant list, or, if the 
party is unrepresented by counsel, to the party itself. Parties must 
notify the Copyright Royalty Judges and all parties of any change in 
the name or address at which they will accept delivery and must update 
their eCRB profiles accordingly.
    (h) Delivery method and proof of delivery--(1) Electronic filings 
through eCRB. Electronic filing of any document through eCRB operates 
to effect delivery of the document to counsel or pro se participants 
who have obtained eCRB passwords, and the automatic notice of filing 
sent by eCRB to the filer constitutes proof of delivery. Counsel or 
parties who have not yet obtained eCRB passwords must deliver and 
receive delivery as provided in paragraph (h)(2). Parties making 
electronic filings are responsible for assuring delivery of all filed 
documents to parties that do not use the eCRB system.
    (2) Paper filings. During the course of a proceeding, each party 
must deliver all documents, including motions, responses and replies 
that they have not filed through eCRB to the other parties or their 
counsel by means no slower than overnight express mail on the same day 
they file the pleading, or by such other means as the parties may agree 
in writing among themselves. Parties must include a proof of delivery 
with any document delivered in accordance with this paragraph.


Sec.  350.7   Time.

    (a) Computation. To compute the due date for filing and delivering 
any document or performing any other act directed by an order of the 
Copyright Royalty Judges or the rules of the Copyright Royalty Board:
    (1) Exclude the day of the act, event, or default that begins the 
period.
    (2) Exclude intermediate Saturdays, Sundays, and legal holidays 
when the period is less than 11 days, unless computation of the due 
date is stated in calendar days.
    (3) Include the last day of the period, unless it is a Saturday, 
Sunday, legal holiday, or a day on which the weather or other 
conditions render the Copyright Royalty Board's office inaccessible.
    (4) As used in this rule, ``legal holiday'' means the date 
designated for the observance of New Year's Day, Martin Luther King, 
Jr.'s Birthday, Presidents' Day, Memorial Day, Independence Day, Labor 
Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, and 
any other day declared a federal holiday by the President or the 
Congress.
    (5) Except as otherwise described in this Chapter or in an order by 
the Copyright Royalty Judges, the Copyright Royalty Board will consider 
documents to be timely filed only if:
    (i) They are filed electronically through eCRB and time-stamped by 
11:59:59 p.m. Eastern time on the due date;
    (ii) They are sent by U.S. mail, are addressed in accordance with 
paragraph 301.2(a), have sufficient postage, and bear a USPS postmark 
on or before the due date;
    (iii) They are hand-delivered by private party to the Copyright 
Office Public Information Office in accordance with Sec.  301.2(b) of 
this chapter and received by 5:00 p.m. Eastern time on the due date; or
    (iv) They are hand-delivered by commercial courier to the 
Congressional Courier Acceptance Site in accordance with paragraph 
301.2(c) and received by 4:00 p.m. Eastern time on the due date.
    (6) Any document sent by mail and dated only with a business postal 
meter will be considered filed on the date it is actually received by 
the Library of Congress.
    (b) Extensions. A party seeking an extension must do so by written 
motion. Prior to filing such a motion, a party must attempt to obtain 
consent from the other parties to the proceeding. An extension motion 
must state:
    (1) The date on which the action or submission is due;
    (2) The length of the extension sought;
    (3) The date on which the action or submission would be due if the 
extension were allowed;
    (4) The reason or reasons why there is good cause for the delay;
    (5) The justification for the amount of additional time being 
sought; and
    (6) The attempts that have been made to obtain consent from the 
other parties to the proceeding and the position of the other parties 
on the motion.


Sec.  350.8  Construction and waiver.

    The regulations of the Copyright Royalty Judges are intended to 
provide efficient and just administrative proceedings and will be 
construed to advance these purposes. For purposes of an individual 
proceeding, the provisions of this subchapter may be suspended or 
waived, in whole or in part, upon a showing of good cause, to the 
extent allowable by law.

PART 351--PROCEEDINGS

0
4. The authority citation for part 351 continues to read as follows:

    Authority: 17 U.S.C. 803.

0
5. In Sec.  351.1 revise paragraph (b)(4) to read as follows:


Sec.  351.1   Initiation of proceedings.

* * * * *
    (b) * * *
    (4) Filing fee. A petition to participate must be accompanied with 
a filing fee of $150 or the petition will be rejected. For petitions 
filed electronically through eCRB, payment must be made to the 
Copyright Royalty Board through the payment portal designated on eCRB. 
For petitions filed by other means, payment must be made to the 
Copyright Royalty Board by check or by money order. If a check is 
subsequently dishonored, the petition will be rejected. If the 
petitioner believes that the contested amount of that petitioner's 
claim will be $1,000 or less, the petitioner must so state in the 
petition to participate and should not include payment of the $150 
filing fee. If it becomes apparent during the course of the proceedings 
that the contested amount of the claim is more than $1,000, the 
Copyright Royalty Judges will require payment of the filing fee at that 
time.

    Dated: November 16, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016-27932 Filed 11-22-16; 8:45 am]
 BILLING CODE 1410-72-P



                                                    84526             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                    is equal to the fair market value of such               FOR FURTHER INFORMATION CONTACT:                      issued a password or are represented by
                                                    property).                                              Kimberly Whittle, Attorney Advisor, by                counsel who has been issued a
                                                    *       *   *     *     *                               telephone at (202) 707–7658 or email at               password.
                                                       (3) * * *                                            crb@loc.gov.                                             The Judges also propose to gather in
                                                       (ii) * * *                                           SUPPLEMENTARY INFORMATION: On                         this Part the various provisions that
                                                       (B) $1,000,000.                                      September 23, 2016, the Library of                    establish whether a document
                                                    *       *   *     *     *                               Congress awarded a contract for the                   (including a claim) is timely filed. For
                                                       (m) * * *                                            design and implementation of an                       documents that are not filed using the
                                                       (2) * * *                                            electronic filing and case management                 electronic filing system, the rules
                                                      Example 3. * * *                                      system for the Copyright Royalty Board                concerning timeliness would be
                                                      (ii) P2 satisfies the fractions rule with             (‘‘Board’’). The Copyright Royalty                    unchanged. Documents that are filed
                                                    respect to the P2/P1A chain. See § 1.702–               Judges (‘‘Judges’’) anticipate that the
                                                    1(a)(8)(ii) (for rules regarding separately
                                                                                                                                                                  electronically are considered timely if
                                                    stating partnership items). P2 does not satisfy
                                                                                                            new system will be available for use by               they are received and time-stamped by
                                                    the fractions rule with respect to the P2/P1B           claims filers, participants in                        the system by 11:59:59 p.m. (ET) on the
                                                    chain.                                                  proceedings before the Judges, and other              due date.
                                                                                                            members of the public having business
                                                      (n) Effective/applicability dates.                                                                          III. Part 351—Proceedings
                                                                                                            with the Board (e.g., persons wishing to
                                                    * * *
                                                                                                            comment on proposed regulations) by                      The Judges propose to amend
                                                      (2) * * * However, paragraphs
                                                                                                            May 2017. The Judges intend to make                   paragraph 351.1(b)(4) to clarify that the
                                                    (d)(2)(ii) and (iii), (d)(6) Example 1 (i)
                                                                                                            use of the system mandatory for                       filing fee that must accompany a
                                                    and (iv), (e)(1)(vi) and (vii), (e)(5)
                                                                                                            claimants and participants in                         petition to participate may be remitted
                                                    Example 5, (f)(4), (k)(1)(ii) through (iv),
                                                                                                            proceedings after a six-month transition              by check or money order, or through the
                                                    (k)(2)(i)(A), (k)(2)(ii), (k)(3)(ii)(B),
                                                                                                            period.                                               electronic filing system’s payment
                                                    (m)(1)(ii), and (m)(2) Example 3 (ii) of
                                                                                                               As part of the Judges’ continuing                  portal.
                                                    this section apply to taxable years
                                                                                                            oversight of the Board’s procedural
                                                    ending on or after the date these                                                                             IV. Part 360—Filing of Claims to
                                                                                                            regulations, the Judges propose to
                                                    regulations are published as final                                                                            Royalty Fees Collected Under
                                                                                                            amend the regulations to accommodate
                                                    regulations in the Federal Register.                                                                          Compulsory License
                                                                                                            electronic filing of documents and to
                                                    *     *      *      *      *                            specify the required format of both                      The Judges will propose revisions to
                                                    John Dalrymple,                                         electronic and paper documents. In                    Part 360 in order to accommodate filing
                                                    Deputy Commissioner for Services and                    addition, the Judges propose to amend                 of claims through the new electronic
                                                    Enforcement.                                            the regulations to remove references to               filing system at a later date.
                                                    [FR Doc. 2016–27105 Filed 11–22–16; 8:45 am]            obsolete technologies and to eliminate
                                                                                                            redundant provisions.                                 How To Submit Comments
                                                    BILLING CODE 4830–01–P
                                                                                                            I. Part 301—Organization                                 Interested members of the public must
                                                                                                               The Judges propose to amend Part 301               submit comments to only one of the
                                                    LIBRARY OF CONGRESS                                     to specify that (1) the official addresses            following addresses. If not commenting
                                                                                                            for the Board are to be used only for                 by email or online, commenters must
                                                    Copyright Royalty Board                                                                                       submit an original of their comments,
                                                                                                            documents that are not filed using the
                                                                                                            electronic filing system; (2) general                 five paper copies, and an electronic
                                                    37 CFR Parts 301, 350 and 351                                                                                 version on a CD.
                                                                                                            correspondence, but not pleadings or
                                                    [Docket No. 16–CRB–0015–RM]                             claims, may be sent by electronic mail;                  Email: crb@loc.gov; or
                                                                                                            and (3) fax is no longer an acceptable                   U.S. mail: Copyright Royalty Board,
                                                    Electronic Filing of Documents                          means of transmitting any document or                 P.O. Box 70977, Washington, DC 20024–
                                                    AGENCY:  Copyright Royalty Board,                       correspondence to the Board.                          0977; or
                                                    Library of Congress.                                    II. Part 350—General Administrative                      Overnight service (only USPS Express
                                                    ACTION: Notice of proposed rulemaking.                  Provisions                                            Mail is acceptable): Copyright Royalty
                                                                                                                                                                  Board, P.O. Box 70977, Washington, DC
                                                    SUMMARY:   The Copyright Royalty Judges                    The Judges propose rules concerning                20024–0977; or
                                                    propose to amend procedural                             the required format and permitted
                                                                                                            length of documents, whether filed                       Commercial courier: Address package
                                                    regulations governing the filing and                                                                          to: Copyright Royalty Board, Library of
                                                    delivery of documents to allow for                      electronically or otherwise.
                                                                                                            Electronically-filed documents would                  Congress, James Madison Memorial
                                                    electronic filing of documents. The                                                                           Building, LM–403, 101 Independence
                                                    Judges solicit comments on the                          be subject to additional requirements,
                                                                                                            similar to the guidelines that the Judges             Avenue SE., Washington, DC 20559–
                                                    proposed rule.                                                                                                6000. Deliver to: Congressional Courier
                                                    DATES: Comments are due no later than                   issued in November 2014.1
                                                                                                               The proposed regulations include                   Acceptance Site, 2nd Street NE. and D
                                                    December 23, 2016.                                                                                            Street NE., Washington, DC; or
                                                                                                            rules on obtaining and using a password
                                                    ADDRESSES: Submit electronic
                                                                                                            for filing documents electronically. The                 Hand delivery: Library of Congress,
                                                    comments via email to crb@loc.gov.
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                                                                                                            use of a password to file a document                  James Madison Memorial Building, LM–
                                                    Those who choose not to submit                          would constitute the filer’s signature.               401, 101 Independence Avenue SE.,
                                                    comments electronically should see                      Electronic filing of a document would                 Washington, DC 20559–6000.
                                                    ‘‘How to Submit Comments’’ in the                       effect delivery of the document to all
                                                    SUPPLEMENTARY INFORMATION section                                                                             List of Subjects
                                                                                                            parties to a proceeding who have been
                                                    below for physical addresses and further                                                                      37 CFR Part 301
                                                    instructions. The proposed rule is also                   1 The
                                                                                                                  guidelines are on the CRB Web site at
                                                    posted on the agency’s Web site                         www.loc.gov/crb/docs/Guidelines_for_Electronic_         Copyright, Organization and functions
                                                    (www.loc.gov/crb).                                      Documents.pdf.                                        (government agencies).


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                                                                      Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules                                           84527

                                                    37 CFR Part 350                                           (f) General correspondence for the                  points for text or 10 points for footnotes
                                                      Administrative practice and                           Copyright Royalty Board may be sent by                and formatted for 81⁄2 by 11 inch pages
                                                    procedure, Copyright, Lawyers.                          electronic mail. Claimants or Parties                 with no less than 1 inch margins. Parties
                                                                                                            must not send any claims, pleadings, or               must assure that any exhibit or
                                                    37 CFR Part 351                                         other filings to the Copyright Royalty                attachment to documents reflects the
                                                      Administrative practice and                           Board by electronic mail without                      docket number of the proceeding in
                                                    procedure, Copyright.                                   specific, advance authorization of the                which it is filed and that all pages are
                                                                                                            Copyright Royalty Judges.                             numbered appropriately. Any party
                                                    Proposed Regulations                                                                                          submitting a document to the Copyright
                                                                                                            SUBCHAPTER B—COPYRIGHT ROYALTY
                                                      For the reasons set forth in the                      JUDGES’ RULES AND PROCEDURES                          Royalty Board in paper format must
                                                    preamble, and under the authority of                                                                          submit it unfolded and produced on
                                                    chapter 8, title 17, United States Code,                PART 350—GENERAL                                      opaque 81⁄2 by 11 inch white paper
                                                    the Copyright Royalty Judges propose to                 ADMINISTRATIVE PROVISIONS                             using a clear black image.
                                                    amend parts 301, 350, and 351 of Title                                                                           (3) Binding or securing. Parties
                                                                                                            ■   3. Revise part 350 to read as follows:            submitting any paper document to the
                                                    37 of the Code of Federal Regulations as
                                                    follows:                                                Sec.                                                  Copyright Royalty Board must bind or
                                                                                                            350.1 Scope.                                          secure the document in a manner that
                                                    SUBCHAPTER A—GENERAL PROVISIONS                         350.2 Representation.                                 will prevent pages from becoming
                                                                                                            350.3 Documents: Format and length.
                                                    PART 301—ORGANIZATION                                                                                         separated from the document. For
                                                                                                            350.4 Form of motions and responsive
                                                                                                                 pleadings.                                       example, acceptable forms of binding or
                                                    ■ 1. The authority citation for part 301                350.5 Electronic filing system (eCRB).                securing include: Ring binders; spiral
                                                    continues to read as follows:                           350.6 Filing and delivery.                            binding; comb binding; and for
                                                                                                            350.7 Time.                                           documents of fifty pages or fewer, a
                                                        Authority: 17 U.S.C. 801.
                                                                                                            350.8 Construction and waiver.                        binder clip or single staple in the top
                                                    § 301.2   [Amended]                                         Authority: 17 U.S.C. 803.                         left corner of the document. Rubber
                                                    ■   2. Revise § 301.2 to read as follows:                                                                     bands and paper clips are not acceptable
                                                                                                            PART 350—GENERAL                                      means of securing a document.
                                                    § 301.2   Official addresses.                           ADMINISTRATIVE PROVISIONS                                (b) Additional format requirements for
                                                      All claims, pleadings, and general                                                                          electronic documents—(1) In general.
                                                                                                            § 350.1   Scope.                                      Parties filing documents electronically
                                                    correspondence intended for the
                                                    Copyright Royalty Board and not                           This subchapter governs procedures                  through eCRB must follow the
                                                    submitted by electronic means through                   generally applicable to proceedings                   requirements of § 350.3(a)(1) and (2) and
                                                    the electronic filing system (‘‘eCRB’’)                 before the Copyright Royalty Judges in                the additional requirements in
                                                    must be addressed as follows:                           making determinations and adjustments                 paragraphs (b)(2) through (8) of this
                                                      (a) If sent by mail (including                        pursuant to the Copyright Act, 17 U.S.C.              section.
                                                    overnight delivery using United States                  801(b).                                                  (2) File type. Parties must file all
                                                    Postal Service Express Mail), the                       § 350.2   Representation.                             pleadings and documents in Portable
                                                    envelope should be addressed to:                           Individual parties in proceedings                  Document Format (PDF), with the
                                                    Copyright Royalty Board, P.O. Box                       before the Judges may represent                       exception of proposed orders. In
                                                    70977, Southwest Station, Washington,                   themselves or be represented by an                    addition, participants may provide the
                                                    DC 20024–0977.                                          attorney. All other parties must be                   Copyright Royalty Board with copies of
                                                      (b) If hand-delivered by a private                    represented by an attorney. Cf. Rule                  Excel workbooks, audio files, and video
                                                    party, the envelope must be brought to                  49(c)(11) of the Rules of the District of             files in their native electronic formats.
                                                    the Copyright Office Public Information                 Columbia Court of Appeals. The                        Participants may also provide the
                                                    Office, Room LM–401 in the James                        appearance of an attorney on behalf of                Copyright Royalty Board with copies of
                                                    Madison Memorial Building, and be                       any party constitutes a representation                PowerPoint presentations or image files
                                                    addressed as follows: Copyright Royalty                 that the attorney is a member of the bar,             in their native electronic formats if
                                                    Board, Library of Congress, James                       in one or more states, in good standing.              conversion to PDF format would render
                                                    Madison Memorial Building, 101                                                                                the files difficult to read or view.
                                                    Independence Avenue SE., Washington,                    § 350.3   Documents Format and Length.                   (3) Proposed Orders; file type. Parties
                                                    DC 20559–6000.                                            (a) Format—(1) Caption and                          filing or responding to motions must
                                                      (c) If hand-delivered by a commercial                 description. Parties filing pleadings and             provide a proposed order, drafted as if
                                                    courier (excluding Federal Express,                     documents in a proceeding before the                  the Copyright Royalty Judges were
                                                    United Parcel Service and similar                       Copyright Royalty Judges must include                 granting the party’s requested relief. The
                                                    courier services), the envelope must be                 on the first page of each filing a caption            party must prepare the proposed order
                                                    delivered to the Congressional Courier                  that identifies the proceeding by                     as a separate Word document and
                                                    Acceptance Site (CCAS) located at                       proceeding type and docket number,                    submit it as an attachment to the main
                                                    Second and D Street NE., Washington,                    and a heading under the caption                       pleading.
                                                    DC.                                                     describing the nature of the document.                   (4) No scanned pleadings. Parties
                                                      (d) Subject to paragraph (f), if sent by              In addition, Parties must include a                   must convert every filed document
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                                                    electronic mail, to crb@loc.gov.                        footer on each page that includes the                 directly to PDF format (using ‘‘print to
                                                      (e) Correspondence and filings for the                name and posture of the filing party,                 pdf’’ or ‘‘save to pdf’’), rather than
                                                    Copyright Royalty Board may not be                      e.g., [Party’s] Motion, [Party’s] Response            submitting a scanned PDF image. The
                                                    delivered by means of:                                  in Opposition, etc.                                   Copyright Royalty Board will NOT
                                                      (1) Overnight delivery services such                    (2) Page Layout. Parties must submit                accept scanned documents, except in
                                                    as Federal Express, United Parcel                       documents that are typed (double                      the case of specific exhibits or
                                                    Service, etc.; or                                       spaced) using a serif typeface (e.g.,                 attachments that are available to the
                                                      (2) Fax.                                              Times New Roman) no smaller than 12                   filing party only in paper form.


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                                                    84528             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                       (5) Scanned exhibits. Parties must                   the evidence on which it is based, and                Royalty Board has issued an eCRB
                                                    scan exhibits or other documents that                   must include any relevant, admissible                 password to a pro se party, that party
                                                    are only available in paper form at no                  documentary evidence as attachment(s).                must make all subsequent filings by
                                                    less than 300 dpi. All exhibits must be                   (e) Legal authority. Parties must cite              electronic means through eCRB.
                                                    searchable. Parties must scan in color                  any legal authority upon which they                      (3) Claimants. Any person desiring to
                                                    any exhibit that uses color to convey                   rely for the relief they seek.                        file a claim with the Copyright Royalty
                                                    information or enhance readability.                                                                           Board for copyright royalties may obtain
                                                                                                            § 350.5   Electronic Filing System (eCRB).            an eCRB password for the limited
                                                       (6) Bookmarks. Parties must include
                                                    in all electronic documents appropriate                    (a) Documents to be filed by electronic            purpose of filing claims by completing
                                                    electronic bookmarks to designate the                   means—(1) Transition period. For a                    the application form available on the
                                                    tabs and/or tables of contents that                     period of up to six months following the              CRB Web site.
                                                    would appear in a paper version of the                  initial deployment of the Copyright                      (d) Use of an eCRB password. An
                                                    same document.                                          Royalty Board’s electronic filing and                 eCRB password may be used only by the
                                                       (7) Page rotation. Parties must ensure               case management system (eCRB), all                    person to whom it is assigned, or, in the
                                                    that all pages in electronic documents                  parties having the technological                      case of an attorney, by that attorney or
                                                    are right side up, regardless of whether                capability must file all documents with               an authorized employee or agent of that
                                                    they are formatted for portrait or                      the Copyright Royalty Board through                   attorney’s law office or organization.
                                                    landscape printing.                                     eCRB in addition to filing paper                      The person to whom an eCRB password
                                                       (8) Signature. The signature line of an              documents in conformity with                          is assigned is responsible for any
                                                    electronic pleading must contain ‘‘/s/’’                applicable Copyright Royalty Board                    document filed using that password.
                                                    followed by the signer’s typed name.                    rules. The Copyright Royalty Board will                  (e) Signature. The use of an eCRB
                                                    The name on the signature line must                     announce the date of the initial                      password to login and submit
                                                    match the name of the user logged into                  deployment of eCRB on the Copyright                   documents creates an electronic record.
                                                    eCRB to file the document. Parties with                 Royalty Board Web site (www.loc.gov/                  The password operates and serves as the
                                                    the capability may also sign documents                  crb), as well as the conclusion of the                signature of the person to whom the
                                                    with a verifiable electronic signature.                 dual-system transition period.                        password is assigned for all purposes
                                                       (c) Length of submissions. Whether                      (2) Subsequent to transition period.               under this chapter III.
                                                    filing in paper or electronically, parties              Except as otherwise provided in this                     (f) Originals of sworn documents. The
                                                    must adhere to the following space                      chapter, all attorneys must file                      electronic filing of a document that
                                                    limitations or such other space                         documents with the Copyright Royalty                  contains a sworn declaration,
                                                    limitations as the Copyright Royalty                    Board through eCRB. Pro se parties may                verification, certificate, statement, oath,
                                                    Judges may direct by order. Any party                   file documents with the Copyright                     or affidavit certifies that the original
                                                    seeking an enlargement of the                           Royalty Board through eCRB, subject to                signed document is in the possession of
                                                    applicable page limit must make the                     § 350.4(c)(2).                                        the attorney or pro se party responsible
                                                                                                               (b) Official record. The electronic                for the filing and that it is available for
                                                    request by a motion to the Copyright
                                                                                                            version of a document filed through and               review upon request by a party or by the
                                                    Royalty Judges filed no fewer than three
                                                                                                            stored in eCRB will be the official                   Copyright Royalty Judges. The filer must
                                                    days prior to the applicable filing
                                                                                                            record of the Copyright Royalty Board.                file through eCRB a scanned copy of the
                                                    deadline.
                                                                                                               (c) Obtaining an electronic filing                 signature page of the sworn document
                                                       (1) Motions. Motions must not exceed
                                                                                                            password—(1) Attorneys. An attorney                   together with the document itself.
                                                    20 pages or 5000 words (exclusive of
                                                                                                            must obtain an eCRB password from the                    (g) Consent to delivery by electronic
                                                    exhibits, proof of delivery, and the like).
                                                                                                            Copyright Royalty Board in order to file              means. An attorney or pro se party who
                                                       (2) Responses. Responses in support
                                                                                                            documents or to receive copies of orders              obtains an eCRB password consents to
                                                    of or opposition to motions must not
                                                                                                            and determinations of the Copyright                   electronic delivery of all documents,
                                                    exceed 20 pages or 5000 words
                                                                                                            Royalty Judges. The Copyright Royalty                 subsequent to the petition to participate,
                                                    (exclusive of exhibits, proof of delivery,
                                                                                                            Board will issue an eCRB password after               that are filed by electronic means
                                                    and the like).
                                                       (3) Replies. Replies in support of                   the attorney applicant completes the                  through eCRB. Counsel and pro se
                                                    motions must not exceed 10 pages or                     application form available on the CRB                 parties are responsible for monitoring
                                                    2500 words (exclusive of exhibits, proof                Web site and completes eCRB training.                 their email accounts and, upon receipt
                                                                                                               (2) Pro se parties. A party not                    of notice of an electronic filing, for
                                                    of delivery, and the like).
                                                                                                            represented by an attorney (a pro se                  retrieving the noticed filing. Parties and
                                                    § 350.4 Form of Motion and Responsive                   party) may obtain an eCRB password                    their counsel bear the responsibility to
                                                    Pleadings.                                              from the Copyright Royalty Board with                 keep the contact information in their
                                                       A motion, responsive pleading, or                    permission from the Copyright Royalty                 eCRB profiles current.
                                                    reply must include the following                        Judges, in their discretion. To obtain                   (h) Accuracy of docket entry. A
                                                    content and conform to the following                    permission, the pro se party must                     person filing a document by electronic
                                                    format:                                                 submit an application on the form                     means is responsible for ensuring the
                                                       (a) Relief requested. The pleading                   available on the CRB Web site,                        accuracy of the official docket entry
                                                    must state specific relief the party seeks              describing the party’s access to the                  generated by the eCRB system,
                                                    from the Copyright Royalty Judges.                      Internet and confirming the party’s                   including proper identification of the
                                                       (b) Statement of facts. The pleading                 ability and capacity to file documents                proceeding, the filing party, and the
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                                                    must include a succinct statement of                    and receive electronically the filings of             description of the document. The
                                                    material facts.                                         other parties on a regular basis. If the              Copyright Royalty Board will maintain
                                                       (c) Statement of issues. The pleading                Copyright Royalty Judges grant                        on its Web site (www.loc.gov/crb)
                                                    must include a concise statement of the                 permission, the pro se party must                     appropriate guidance regarding naming
                                                    issues of law presented to the Copyright                complete the eCRB training provided by                protocols for eCRB filers.
                                                    Royalty Judges for ruling.                              the Copyright Royalty Board to all                       (i) Documents subject to a protective
                                                       (d) Evidence relied upon. The                        electronic filers before receiving an                 order. A person filing a document by
                                                    pleading must state with particularity                  eCRB password. Once the Copyright                     electronic means is responsible for


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                                                                      Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules                                             84529

                                                    ensuring, at the time of filing, that any               direct the attorney or pro se party to file           duly verified under oath to be a true
                                                    documents subject to a protective order                 the document electronically. The                      translation. Any other party to the
                                                    are identified to the eCRB system as                    document will be deemed filed on the                  proceeding may, in response, submit its
                                                    ‘‘restricted’’ documents. This                          date it was first presented for filing if,            own English-language translation,
                                                    requirement is in addition to any                       no later than the next business day after             similarly verified, so long as the
                                                    requirements detailed in the applicable                 being so directed by the Copyright                    responding party’s translation proves a
                                                    protective order. Failure to identify                   Royalty Board, the attorney or pro se                 substantive, relevant difference in the
                                                    documents as ‘‘restricted’’ to the eCRB                 participant files the document                        document.
                                                    system may result in inadvertent                        electronically. If the party fails to make               (d) Affidavits. The testimony of each
                                                    publication of sensitive, protected                     the electronic filing on the next business            witness must be accompanied by an
                                                    material.                                               day, the document will be deemed filed                affidavit or a declaration made pursuant
                                                       (j) Exceptions to requirement of                     on the date of the electronic filing.                 to 28 U.S.C. 1746 supporting the
                                                    electronic filing—(1) Certain exhibits or                  (3) The inability to complete an                   testimony. See § 350.5(f).
                                                    attachments. Parties may file in paper                  electronic filing because of technical                   (e) Subscription—(1) Parties
                                                    form any exhibits or attachments that                   problems arising in the eCRB system                   represented by counsel. Subject to
                                                    are not in a format that readily permits                may constitute ‘‘good cause’’ (as used in             § 350.5(e), all documents filed
                                                    electronic filing, such as oversized                    § 350.6(b)(4)) for an order enlarging time            electronically by counsel must be signed
                                                    documents; or are illegible when                        or excusable neglect for the failure to act           by at least one attorney of record and
                                                    scanned into electronic format. Parties                 within the specified time. A filer                    must list the attorney’s full name,
                                                    filing paper documents or things                        encountering technical problems with                  mailing address, email address (if any),
                                                    pursuant to this paragraph must deliver                 an eCRB filing must immediately notify                telephone number, and a state bar
                                                    legible or usable copies of the                         the Copyright Royalty Board of the                    identification number. See § 350.5(e).
                                                    documents or things in accordance with                  problem either by email or by                         Submissions signed by an attorney for a
                                                    paragraph 350.5(a)(2) and must file                     telephone, followed promptly by                       party need not be verified or
                                                    electronically a notice of filing that                  written confirmation. This rule does not              accompanied by an affidavit. The
                                                    includes a certificate of delivery.                     provide authority to extend statutory                 signature of an attorney constitutes
                                                       (2) Pro se parties. A pro se party must              time limits.                                          certification that the contents of the
                                                    file documents in paper form and must                                                                         document are true and correct, to the
                                                                                                            § 350.6   Filing and delivery.                        best of the signer’s knowledge,
                                                    deliver and accept delivery of
                                                    documents in paper form, unless the pro                    (a) Filing of pleadings—(1) Electronic             information, and belief, formed after an
                                                    se party has obtained an eCRB                           filing through eCRB. Except as described              inquiry reasonable under the
                                                    password.                                               in § 350.5(l)(2), any document filed by               circumstances and:
                                                       (k) Privacy Requirements. Unless                     electronic means through eCRB in                         (i) The document is not being
                                                    otherwise instructed by the Copyright                   accordance with § 350.5 constitutes                   presented for any improper purpose,
                                                    Royalty Judges, parties must exclude or                 filing for all purposes under this                    such as to harass or to cause
                                                    redact from all electronically filed                    chapter, effective as of the date and time            unnecessary delay or needless increase
                                                    documents, whether designated                           the document is received and                          in the cost of litigation;
                                                    ‘‘restricted’’ or not:                                  timestamped by eCRB.                                     (ii) The claims, defenses, and other
                                                       (1) Social Security Numbers. If an                      (2) All other filings. For all filings not         legal contentions therein are warranted
                                                    individual’s Social Security number                     submitted by electronic means through                 by existing law or by a nonfrivolous
                                                    must be included in a filed document                    eCRB, the submitting party must deliver               argument for the extension,
                                                    for evidentiary reasons, the filer must                 an original, five paper copies, and one               modification, or reversal of existing law
                                                    use only the last four digits of that                   electronic copy in Portable Document                  or the establishment of new law;
                                                    number.                                                 Format (PDF) on an optical data storage                  (iii) The allegations and other factual
                                                       (2) Names of minor children. If a                    medium such as a CD or DVD, a flash                   contentions have evidentiary support or,
                                                    minor child must be mentioned in a                      memory device, or an external hard disk               if specifically so identified, are likely to
                                                    document for evidentiary reasons, the                   drive to the Copyright Royalty Board in               have evidentiary support after a
                                                    filer must use only the initials of that                accordance with the provisions                        reasonable opportunity for further
                                                    child.                                                  described in § 301.2 of this chapter. In              investigation or discovery; and
                                                       (3) Dates of birth. If an individual’s               no case will the Copyright Royalty                       (iv) The denials of factual contentions
                                                    date of birth must be included in a                     Board accept any document by facsimile                are warranted by the evidence or, if
                                                    pleading for evidentiary reasons, the                   transmission or electronic mail, except               specifically so identified, are reasonably
                                                    filer must use only the year of birth.                  with prior express authorization of the               based on a lack of information or belief.
                                                       (4) Financial account numbers. If a                  Copyright Royalty Judges.                                (2) Parties representing themselves.
                                                    financial account number is relevant                       (b) Exhibits. Filers must include all              The original of all paper documents
                                                    evidence in the proceeding, the filer                   exhibits with the pleadings they                      filed by a party not represented by
                                                    must use only the last four digits of the               support. In the case of exhibits not                  counsel must be signed by that party
                                                    account identifier.                                     submitted by electronic means through                 and list that party’s full name, mailing
                                                       (l) Incorrectly filed documents and                  eCRB, whose bulk or whose cost of                     address, email address (if any), and
                                                    technical difficulties. (1) The Copyright               reproduction would unnecessarily                      telephone number. The party’s signature
                                                    Royalty Board may direct an eCRB filer                  encumber the record or burden the                     will constitute the party’s certification
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                                                    to re-file a document that has been                     party, the Copyright Royalty Judges will              that, to the best of his or her knowledge
                                                    incorrectly filed, or to correct an                     consider a motion, made in advance of                 and belief, there is good ground to
                                                    erroneous or inaccurate docket entry.                   the filing, to reduce the number of                   support the document, and that it has
                                                       (2) After the transition period, if an               required copies. See § 350.5(j).                      not been interposed for purposes of
                                                    attorney or a pro se party who has been                    (c) English language translations.                 delay.
                                                    issued an eCRB password inadvertently                   Filers must accompany each submission                    (f) Responses and replies. Responses
                                                    presents a document for filing in paper                 that is in a language other than English              in support of or opposition to motions
                                                    form, the Copyright Royalty Board may                   with an English-language translation,                 must be filed within five days of the


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                                                    84530              Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                    filing of the motion. Replies to                         the observance of New Year’s Day,                     PART 351—PROCEEDINGS
                                                    responses must be filed within four days                 Martin Luther King, Jr.’s Birthday,
                                                    of the filing of the response.                           Presidents’ Day, Memorial Day,                        ■ 4. The authority citation for part 351
                                                       (g) Participant list. The Copyright                   Independence Day, Labor Day,                          continues to read as follows:
                                                    Royalty Judges will compile and                          Columbus Day, Veterans’ Day,                              Authority: 17 U.S.C. 803.
                                                    distribute to those parties who have                     Thanksgiving Day, Christmas Day, and
                                                                                                                                                                   ■ 5. In § 351.1 revise paragraph (b)(4) to
                                                    filed a valid petition to participate the                any other day declared a federal holiday
                                                                                                                                                                   read as follows:
                                                    official participant list for each                       by the President or the Congress.
                                                    proceeding. For all paper filings, a party                  (5) Except as otherwise described in               § 351.1    Initiation of proceedings.
                                                    must deliver a copy of the document to                   this Chapter or in an order by the                    *     *      *    *      *
                                                    counsel for all other parties identified in              Copyright Royalty Judges, the Copyright                 (b) * * *
                                                    the participant list, or, if the party is                Royalty Board will consider documents                   (4) Filing fee. A petition to participate
                                                    unrepresented by counsel, to the party                   to be timely filed only if:                           must be accompanied with a filing fee
                                                    itself. Parties must notify the Copyright                   (i) They are filed electronically
                                                                                                                                                                   of $150 or the petition will be rejected.
                                                    Royalty Judges and all parties of any                    through eCRB and time-stamped by
                                                                                                                                                                   For petitions filed electronically
                                                    change in the name or address at which                   11:59:59 p.m. Eastern time on the due
                                                                                                                                                                   through eCRB, payment must be made
                                                    they will accept delivery and must                       date;
                                                                                                                (ii) They are sent by U.S. mail, are               to the Copyright Royalty Board through
                                                    update their eCRB profiles accordingly.                                                                        the payment portal designated on eCRB.
                                                       (h) Delivery method and proof of                      addressed in accordance with paragraph
                                                                                                             301.2(a), have sufficient postage, and                For petitions filed by other means,
                                                    delivery—(1) Electronic filings through                                                                        payment must be made to the Copyright
                                                    eCRB. Electronic filing of any document                  bear a USPS postmark on or before the
                                                                                                             due date;                                             Royalty Board by check or by money
                                                    through eCRB operates to effect delivery                                                                       order. If a check is subsequently
                                                    of the document to counsel or pro se                        (iii) They are hand-delivered by
                                                                                                             private party to the Copyright Office                 dishonored, the petition will be
                                                    participants who have obtained eCRB                                                                            rejected. If the petitioner believes that
                                                    passwords, and the automatic notice of                   Public Information Office in accordance
                                                                                                             with § 301.2(b) of this chapter and                   the contested amount of that petitioner’s
                                                    filing sent by eCRB to the filer                                                                               claim will be $1,000 or less, the
                                                    constitutes proof of delivery. Counsel or                received by 5:00 p.m. Eastern time on
                                                                                                             the due date; or                                      petitioner must so state in the petition
                                                    parties who have not yet obtained eCRB                                                                         to participate and should not include
                                                                                                                (iv) They are hand-delivered by
                                                    passwords must deliver and receive                                                                             payment of the $150 filing fee. If it
                                                                                                             commercial courier to the Congressional
                                                    delivery as provided in paragraph (h)(2).                                                                      becomes apparent during the course of
                                                                                                             Courier Acceptance Site in accordance
                                                    Parties making electronic filings are                                                                          the proceedings that the contested
                                                                                                             with paragraph 301.2(c) and received by
                                                    responsible for assuring delivery of all                                                                       amount of the claim is more than
                                                                                                             4:00 p.m. Eastern time on the due date.
                                                    filed documents to parties that do not                      (6) Any document sent by mail and                  $1,000, the Copyright Royalty Judges
                                                    use the eCRB system.                                     dated only with a business postal meter               will require payment of the filing fee at
                                                       (2) Paper filings. During the course of                                                                     that time.
                                                                                                             will be considered filed on the date it
                                                    a proceeding, each party must deliver
                                                                                                             is actually received by the Library of                  Dated: November 16, 2016.
                                                    all documents, including motions,                        Congress.
                                                    responses and replies that they have not                                                                       Suzanne M. Barnett,
                                                                                                                (b) Extensions. A party seeking an
                                                    filed through eCRB to the other parties                  extension must do so by written motion.               Chief Copyright Royalty Judge.
                                                    or their counsel by means no slower                      Prior to filing such a motion, a party                [FR Doc. 2016–27932 Filed 11–22–16; 8:45 am]
                                                    than overnight express mail on the same                  must attempt to obtain consent from the               BILLING CODE 1410–72–P
                                                    day they file the pleading, or by such                   other parties to the proceeding. An
                                                    other means as the parties may agree in                  extension motion must state:
                                                    writing among themselves. Parties must                      (1) The date on which the action or
                                                    include a proof of delivery with any                                                                           FEDERAL COMMUNICATIONS
                                                                                                             submission is due;                                    COMMISSION
                                                    document delivered in accordance with                       (2) The length of the extension sought;
                                                    this paragraph.                                             (3) The date on which the action or                47 CFR Parts 51 and 63
                                                                                                             submission would be due if the
                                                    § 350.7   Time.
                                                                                                             extension were allowed;                               [PS Docket No. 14–74, GN Docket No. 13–
                                                      (a) Computation. To compute the due                       (4) The reason or reasons why there                5, WC Docket Nos. 05–25 and 13–3, RM–
                                                    date for filing and delivering any                       is good cause for the delay;                          11358 and RM–10593; Report No. 3055]
                                                    document or performing any other act                        (5) The justification for the amount of
                                                    directed by an order of the Copyright                    additional time being sought; and                     Petitions for Reconsideration and
                                                    Royalty Judges or the rules of the                          (6) The attempts that have been made               Clarification of Action in Rulemaking
                                                    Copyright Royalty Board:                                 to obtain consent from the other parties              Proceeding
                                                      (1) Exclude the day of the act, event,                 to the proceeding and the position of the
                                                    or default that begins the period.                       other parties on the motion.                          AGENCY:  Federal Communications
                                                      (2) Exclude intermediate Saturdays,                                                                          Commission.
                                                    Sundays, and legal holidays when the                     § 350.8   Construction and waiver.                    ACTION: Petitions for reconsideration
                                                    period is less than 11 days, unless                         The regulations of the Copyright                   and clarification.
                                                    computation of the due date is stated in                 Royalty Judges are intended to provide
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                                                    calendar days.                                           efficient and just administrative                     SUMMARY:   Petitions for Reconsideration
                                                      (3) Include the last day of the period,                proceedings and will be construed to                  and Clarification (Petitions) have been
                                                    unless it is a Saturday, Sunday, legal                   advance these purposes. For purposes of               filed in the Commission’s rulemaking
                                                    holiday, or a day on which the weather                   an individual proceeding, the                         proceeding by David Springe and David
                                                    or other conditions render the Copyright                 provisions of this subchapter may be                  C. Bergmann, on behalf of NASUCA,
                                                    Royalty Board’s office inaccessible.                     suspended or waived, in whole or in                   and Kathy D. Smith, on behalf of NTIA.
                                                      (4) As used in this rule, ‘‘legal                      part, upon a showing of good cause, to                DATES: Oppositions to the Petition must
                                                    holiday’’ means the date designated for                  the extent allowable by law.                          be filed on or before December 8, 2016.


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Document Created: 2016-11-23 05:30:35
Document Modified: 2016-11-23 05:30:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments are due no later than December 23, 2016.
ContactKimberly Whittle, Attorney Advisor, by telephone at (202) 707-7658 or email at [email protected]
FR Citation81 FR 84526 
CFR Citation37 CFR 301
37 CFR 350
37 CFR 351
CFR AssociatedCopyright; Organization and Functions (government Agencies); Administrative Practice and Procedure and Lawyers

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