82 FR 55946 - Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 82, Issue 226 (November 27, 2017)
Copyright Royalty Board
Federal Register Volume 82, Issue 226 (November 27, 2017)
| Page Range | 55946-55947 | |
| FR Document | 2017-25481 |
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)] [Rules and Regulations] [Pages 55946-55947] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25481] ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 386 [Docket No. 17-CRB-0018-SA-COLA (2018)] Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates AGENCY: Copyright Royalty Board (CRB), Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2.0% in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2016 to October 2017. DATES: Effective Date: January 1, 2018. Applicability Dates: These rates are applicable to the period January 1, 2018, through December 31, 2018. [[Page 55947]] FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, Attorney Advisor, by telephone at (202) 707-7658 or by email at [email protected]. SUPPLEMENTARY INFORMATION: The satellite carrier compulsory license establishes a statutory copyright licensing scheme for the distant retransmission of television programming by satellite carriers. 17 U.S.C. 119. Congress created the license in 1988 and has reauthorized the license for additional five-year periods, most recently with the passage of the STELA Reauthorization Act of 2014, Public Law 113-200. On August 31, 2010, the Copyright Royalty Judges (Judges) adopted rates for the section 119 compulsory license for the 2010-2014 term. See 75 FR 53198. The rates were proposed by Copyright Owners and Satellite Carriers \1\ and were unopposed. Id. Section 119(c)(2) of the Copyright Act provides that, effective January 1 of each year, the Judges shall adjust the royalty fee payable under Section 119(b)(1)(B) ``to reflect any changes occurring in the cost of living as determined by the most recent Consumer Price Index (for all consumers and for all items) [CPI-U] published by the Secretary of Labor before December 1 of the preceding year.'' Section 119 also requires that ``[n]otification of the adjusted fees shall be published in the Federal Register at least 25 days before January 1.'' 17 U.S.C. 119(c)(2). --------------------------------------------------------------------------- \1\ Program Suppliers and Joint Sports Claimants comprised the Copyright Owners while DIRECTV, Inc., DISH Network, LLC, and National Programming Service, LLC, comprised the Satellite Carriers. --------------------------------------------------------------------------- The change in the cost of living as determined by the CPI-U during the period from the most recent index published before December 1, 2016, to the most recent index published before December 1, 2017, is +2.0%.\2\ Application of the 2.0% COLA to the current rate for the secondary transmission of broadcast stations by satellite carriers for private home viewing--27 cents per subscriber per month--results in a rate of 28 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(1). Application of the 2.0% COLA to the current rate for viewing in commercial establishments--57 cents per subscriber per month--results in a rate of 58 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(2). --------------------------------------------------------------------------- \2\ On November 15, 2017, the Bureau of Labor Statistics announced that the CPI-U increased 2.0% over the last 12 months. --------------------------------------------------------------------------- List of Subjects in 37 CFR Part 386 Copyright, Satellite, Television. Final Regulations In consideration of the foregoing, the Judges amend part 386 of title 37 of the Code of Federal Regulations as follows: PART 386--ADJUSTMENT OF ROYALTY FEES FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS 0 1. The authority citation for part 386 continues to read as follows: Authority: 17 U.S.C. 119(c), 801(b)(1). 0 2. Section 386.2 is amended by adding paragraphs (b)(1)(ix) and (b)(2)(ix) as follows: Sec. 386.2 Royalty fee for secondary transmission by satellite carriers. * * * * * (b) * * * (1) * * * (ix) 2018: 28 cents per subscriber per month. (2) * * * (ix) 2018: 58 cents per subscriber per month. Dated: November 20, 2017. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2017-25481 Filed 11-24-17; 8:45 am] BILLING CODE 1410-72-P
![55946 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Rules and Regulations
structural steel for riser conduit support and noncommercial noninteractive PART 380—RATES AND TERMS FOR
was discovered to be in need of webcasters. See 81 FR 26316. TRANSMISSIONS BY ELIGIBLE
immediate repairs and/or replacement. Pursuant to those regulations, at least NONSUBSCRIPTION SERVICES AND
Therefore, more time is needed to 25 days before January 1 of each year NEW SUBSCRIPTION SERVICES AND
complete the job, conduct tests, and from 2017 to 2020, the Judges shall FOR THE MAKING OF EPHEMERAL
inspections. The subject temporary publish in the Federal Register notice of REPRODUCTIONS TO FACILITATE
deviation will be replaced with a a COLA applicable to the royalty fees for THOSE TRANSMISSIONS
temporary interim rule because an performances of sound recordings via
extension of time could not be ■ 1. The authority citation for part 380
eligible transmissions by commercial
approved, as it exceeds the 180 day continues to read as follows:
and noncommercial noninteractive
limit. webcasters. 37 CFR 380.10(a)(1)–(2). Authority: 17 U.S.C. 112(e), 114(f),
Dated: November 21, 2017. 804(b)(3).
The adjustment in the royalty fee
Christopher J. Bisignano, shall be based on a calculation of the ■ 2. Section 380.10 is amended by
Supervisory Bridge Management Specialist, percentage increase in the CPI–U from revising paragraph (a) to read as follows:
First Coast Guard District. the CPI–U published in November 2015 § 380.10 Royalty fees for the public
[FR Doc. 2017–25532 Filed 11–24–17; 8:45 am] (237.838), according to the formula (1 + performance of sound recordings and the
BILLING CODE 9110–04–P (Cy¥ 237.838)/237.838) × R2016, where making of ephemeral recordings.
Cy is the CPI–U published by the (a) Royalty fees. For the year 2018,
Secretary of Labor before December 1 of Licensees must pay royalty fees for all
LIBRARY OF CONGRESS the preceding year and R2016 is the Eligible Transmissions of sound
royalty rate for 2016 (i.e., $0.0022 per recordings at the following rates:
Copyright Royalty Board subscription performance or $0.0017 per (1) Commercial Webcasters: $0.0023
nonsubscription performance). The per performance for subscription
37 CFR Part 380 adjustment shall be rounded to the services and $0.0018 per performance
[Docket No. 14–CRB–0001–WR (2016–2020) nearest fourth decimal place. 37 CFR for nonsubscription services.
(COLA 2018)] 380.10(c) (as revised herein). The CPI– (2) Noncommercial webcasters. $500
U published by the Secretary of Labor per year for each channel or station and
Cost of Living Adjustment to Royalty from the most recent index published $0.0018 per performance for all digital
Rates for Webcaster Statutory License before December 1, 2017, is 246.663.1 audio transmissions in excess of
Applying the formula in 37 CFR 159,140 ATH in a month on a channel
AGENCY: Copyright Royalty Board (CRB),
380.10(c) and rounding to the nearest or station.
Library of Congress.
fourth decimal place results in an * * * * *
ACTION: Final rule. increase in the rates for 2018.
Dated: November 20, 2017.
SUMMARY: The Copyright Royalty Judges The 2018 rate for eligible transmission Suzanne M. Barnett,
announce a cost of living adjustment of sound recordings by commercial Chief Copyright Royalty Judge.
(COLA) in the royalty rates that webcasters is a rate of $0.0023 per
[FR Doc. 2017–25480 Filed 11–24–17; 8:45 am]
commercial and noncommercial subscription performance and a rate of
BILLING CODE 1410–72–P
noninteractive webcasters pay for $0.0018 per nonsubscription
eligible transmissions pursuant to the performance.
statutory licenses for the public Application of the increase to rates for LIBRARY OF CONGRESS
performance of and for the making of noncommercial webcasters results in a
ephemeral reproductions of sound 2018 rate of $0.0018 per performance for Copyright Royalty Board
recordings. all digital audio transmissions in excess
DATES: Effective Date: January 1, 2018. of 159,140 ATH in a month on a 37 CFR Part 386
Applicability Dates: These rates are channel or station. [Docket No. 17–CRB–0018–SA–COLA
applicable to the period January 1, 2018, As provided in 37 CFR 380.1(d), the (2018)]
through December 31, 2018. royalty fee for making ephemeral
FOR FURTHER INFORMATION CONTACT: recordings under section 112 of the Cost of Living Adjustment to Satellite
Kimberly Whittle, Attorney Advisor, by Copyright Act to facilitate digital Carrier Compulsory License Royalty
telephone at (202) 707–7658 or by email transmission of sound recordings under Rates
at crb@loc.gov. section 114 of the Copyright Act is AGENCY: Copyright Royalty Board (CRB),
SUPPLEMENTARY INFORMATION: Sections included in the section 114 royalty fee Library of Congress.
112(e) and 114(f) of the Copyright Act, and comprises 5% of the total fee. ACTION: Final rule.
title 17 of the United States Code, create
List of Subjects in 37 CFR Part 380 SUMMARY: The Copyright Royalty Judges
statutory licenses for certain digital
performances of sound recordings and Copyright, Sound recordings. announce a cost of living adjustment
the making of ephemeral reproductions (COLA) of 2.0% in the royalty rates
to facilitate transmission of those sound Final Regulations satellite carriers pay for a compulsory
recordings. On May 2, 2016, the license under the Copyright Act. The
pmangrum on DSK3GDR082PROD with RULES
In consideration of the foregoing, the COLA is based on the change in the
Copyright Royalty Judges (Judges)
Judges amend part 380 of title 37 of the Consumer Price Index from October
adopted final regulations governing the
Code of Federal Regulations as follows: 2016 to October 2017.
rates and terms of copyright royalty
payments under those licenses for the 1 As announced on November 15, 2017, by the
DATES: Effective Date: January 1, 2018.
license period 2016–2020 for Bureau of Labor Statistics in its News Release—
Applicability Dates: These rates are
performances of sound recordings via Consumer Price Index October 2017, available at applicable to the period January 1, 2018,
eligible transmissions by commercial http://www.bls.gov/news.release/pdf/cpi.pdf at 4. through December 31, 2018.
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![Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Rules and Regulations 55947
FOR FURTHER INFORMATION CONTACT: List of Subjects in 37 CFR Part 386 DMM revisions are scheduled to become
Kimberly Whittle, Attorney Advisor, by Copyright, Satellite, Television. effective on January 21, 2018. Final
telephone at (202) 707–7658 or by email prices are available under Docket No.
at crb@loc.gov. Final Regulations R2018–1 (Order No. 4215) on the Postal
In consideration of the foregoing, the Regulatory Commission’s Web site at
SUPPLEMENTARY INFORMATION: The www.prc.gov. The Postal Service’s final
satellite carrier compulsory license Judges amend part 386 of title 37 of the
Code of Federal Regulations as follows: rule includes: a change to the pallet
establishes a statutory copyright preparation for Carrier Route (CR)
licensing scheme for the distant Pallets in Non-FSS Zones, a change to
PART 386—ADJUSTMENT OF
retransmission of television ROYALTY FEES FOR SECONDARY add Bound Printed Matter Flats up to 24
programming by satellite carriers. 17 TRANSMISSIONS BY SATELLITE ounces to comail with USPS Marketing
U.S.C. 119. Congress created the license CARRIERS Mail and Periodicals (DSCF or DDU
in 1988 and has reauthorized the license only), and a Zone chart revision for
for additional five-year periods, most ■ 1. The authority citation for part 386 Priority Mail to APO/FPO/DPO
recently with the passage of the STELA continues to read as follows: processing at Chicago ISC.
Reauthorization Act of 2014, Public Law
Authority: 17 U.S.C. 119(c), 801(b)(1). Comments on Proposed Changes and
113–200.
■ 2. Section 386.2 is amended by adding USPS Response
On August 31, 2010, the Copyright paragraphs (b)(1)(ix) and (b)(2)(ix) as
Royalty Judges (Judges) adopted rates The Postal Service received 1 formal
follows:
for the section 119 compulsory license comment on the October 13, 2017
for the 2010–2014 term. See 75 FR § 386.2 Royalty fee for secondary proposed rule.
53198. The rates were proposed by transmission by satellite carriers.
Zone Charts Revision: Priority Mail to
Copyright Owners and Satellite * * * * * APO/FPO/DPO Processing at Chicago
Carriers 1 and were unopposed. Id. (b) * * * ISC
Section 119(c)(2) of the Copyright Act (1) * * *
provides that, effective January 1 of each (ix) 2018: 28 cents per subscriber per One comment requested that the
year, the Judges shall adjust the royalty month. Postal Service reconsider changing
fee payable under Section 119(b)(1)(B) (2) * * * APO/FPO/DPO mail processing at
‘‘to reflect any changes occurring in the (ix) 2018: 58 cents per subscriber per Chicago ISC, based on needing more
cost of living as determined by the most month. study on negative, financial
recent Consumer Price Index (for all consequences on US Service members,
Dated: November 20, 2017.
consumers and for all items) [CPI–U] their families and businesses that serve
Suzanne M. Barnett,
published by the Secretary of Labor them.
Chief Copyright Royalty Judge.
before December 1 of the preceding [FR Doc. 2017–25481 Filed 11–24–17; 8:45 am] USPS Response
year.’’ Section 119 also requires that The Postal Service is revising Zone
BILLING CODE 1410–72–P
‘‘[n]otification of the adjusted fees shall charts for Priority Mail to APO/FPO/
be published in the Federal Register at DPO, which is processed at the Chicago
least 25 days before January 1.’’ 17 ISC, based on operational needs. This
POSTAL SERVICE
U.S.C. 119(c)(2). revision reflects current operations and
The change in the cost of living as 39 CFR Part 111 is consistent with Title 39 and former
determined by the CPI–U during the Postal Rate Commission precedent
period from the most recent index New Mailing Standards for Domestic regarding the alignment of rates and
published before December 1, 2016, to Mailing Services Products costs for mail classification. It is
the most recent index published before AGENCY: Postal ServiceTM. necessary to align rates and costs for
December 1, 2017, is +2.0%.2 Priority Mail addressed to APO/FPO/
ACTION: Final rule.
Application of the 2.0% COLA to the DPO destinations, and eliminate
current rate for the secondary SUMMARY: On October 6, 2017, the Postal inconsistencies between rates and costs
transmission of broadcast stations by Service (USPS®) filed a notice of for such Priority Mail.
satellite carriers for private home mailing services price adjustments with The Proposed Rule is not a sudden,
viewing—27 cents per subscriber per the Postal Regulatory Commission (PRC) unforeseeable change in policy. The
month—results in a rate of 28 cents per in Docket No. R2018–1. On October 13, transfer of processing operations to the
subscriber per month (rounded to the 2017 the Postal Service published a Chicago ISC, and the resulting
nearest cent). See 37 CFR 386.2(b)(1). proposed rule containing the revisions inconsistency between Zone
Application of the 2.0% COLA to the to Mailing Standards of the United classification and transportation costs,
current rate for viewing in commercial States Postal Service, Domestic Mail occurred in 2013. For over three years,
establishments—57 cents per subscriber Manual (DMM®) that we planned to mailers had an opportunity to assess the
per month—results in a rate of 58 cents adopt to implement rule changes potential impact of this change on
per subscriber per month (rounded to coincident with the price adjustments. future operations, and some businesses
the nearest cent). See 37 CFR DATES: Effective: January 21, 2018.
responded to the change by relocating
386.2(b)(2). their operations in anticipation of a
FOR FURTHER INFORMATION CONTACT:
potential reclassification of zones
pmangrum on DSK3GDR082PROD with RULES
1 Program Suppliers and Joint Sports Claimants
Jacqueline Erwin at (202) 268–2158, or necessary to align rates and costs.
comprised the Copyright Owners while DIRECTV, Lizbeth Dobbins at (202) 268–3789. The resulting changes to DMM 608
Inc., DISH Network, LLC, and National SUPPLEMENTARY INFORMATION: On are shown below.
Programming Service, LLC, comprised the Satellite November 9, 2017, the PRC found that
Carriers. List of Subjects in 39 CFR Part 111
2 On November 15, 2017, the Bureau of Labor the price adjustments proposed by the
Statistics announced that the CPI–U increased 2.0% Postal Service may take effect as Administrative practice and
over the last 12 months. planned. The price adjustments and procedure, Postal Service.
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Document Created: 2017-11-25 01:08:46
Document Modified: 2017-11-25 01:08:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective Date: January 1, 2018. | |
| Contact | Kimberly Whittle, Attorney Advisor, by telephone at (202) 707-7658 or by email at [email protected] | |
| FR Citation | 82 FR 55946 | |
| CFR Associated | Copyright; Satellite and Television |
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