82 FR 58153 - Statutory Cable, Satellite, and DART License Reporting Practices

LIBRARY OF CONGRESS
U.S. Copyright Office

Federal Register Volume 82, Issue 236 (December 11, 2017)

On December 1, 2017, the United States Copyright Office published a notice of proposed rulemaking and request for comments concerning the royalty reporting practices of cable operators under section 111 and proposed revisions to the Statement of Account forms, and on proposed amendments to the Statement of Account filing requirements. The Copyright Office has determined that reply comments would also be appropriate for this rulemaking. In addition, the Office has determined that informal ex-parte communications with interested parties might be beneficial, such as to discuss nuances of proposed regulatory language.

[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Proposed Rules]
[Pages 58153-58154]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26631]


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LIBRARY OF CONGRESS

U.S. Copyright Office

37 CFR Part 201

[Docket No. 2005-6]


Statutory Cable, Satellite, and DART License Reporting Practices

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Request for reply comments; notice of ex-parte communication.

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SUMMARY: On December 1, 2017, the United States Copyright Office 
published a notice of proposed rulemaking and request for comments 
concerning the royalty reporting practices of cable operators under 
section 111 and proposed revisions to the Statement of Account forms, 
and on proposed amendments to the Statement of Account filing 
requirements. The Copyright Office has determined that reply comments 
would also be appropriate for this rulemaking. In addition, the Office 
has determined that informal ex-parte communications with interested 
parties might be beneficial, such as to discuss nuances of proposed 
regulatory language.

DATES: Initial written comments in response to the proposed rule 
published December 1, 2017, at 82 FR 56926, continue to be due no later 
than 11:59 p.m. Eastern Time on January 16, 2018. Written reply 
comments must be received no later than 11:59 p.m. Eastern Time on 
January 30, 2018.

ADDRESSES: For reasons of government efficiency, the Copyright Office 
is using the regulations.gov system for the submission and posting of 
public comments in this proceeding. All comments are therefore to be 
submitted electronically through regulations.gov. Specific instructions 
for submitting comments are available on the Copyright Office Web site 
at https://copyright.gov/rulemaking/section111. If electronic 
submission of comments is not feasible due to lack of access to a 
computer and/or the internet, please contact the Office using the 
contact information below for special instructions.

FOR FURTHER INFORMATION CONTACT: Sarang V. Damle, General Counsel and

[[Page 58154]]

Associate Register of Copyrights, by email at [email protected], Regan A. 
Smith, Deputy General Counsel, by email at [email protected], or Anna 
Chauvet, Assistant General Counsel, by email at [email protected], or any 
of them by telephone at 202-707-8350.

SUPPLEMENTARY INFORMATION: On December 1, 2017, the Office issued a 
notice of proposed rulemaking (``NPRM'') on proposed rules governing 
the royalty reporting practices of cable operators under section 111 
and proposed revisions to the Statement of Account forms, and on 
proposed amendments to the Statement of Account filing requirements.\1\ 
The NPRM addresses certain issues outlined by a 2006 notice of inquiry 
published by the Office,\2\ which received comments from multiple 
parties,\3\ as well as additional issues that have subsequently arisen. 
While the NPRM is primarily focused on reporting practices for the 
cable license, some of the rules proposed by the NPRM would also apply 
to remitters making use of the section 119 (satellite) or chapter 10 
(``DART'') licenses.\4\ The Office welcomed public input on the 
proposed changes set forth in the NPRM, as well as other suggestions on 
streamlining or otherwise improving reporting practices for the section 
111 license.
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    \1\ 82 FR 56926 (Dec. 1, 2017).
    \2\ 71 FR 45749 (Aug. 10, 2006).
    \3\ The initial and reply comments have been posted on the 
Office's Web site at https://copyright.gov/rulemaking/section111.
    \4\ 82 FR at 56935-36.
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A. Reply Comments

    The Office has determined that interested parties should be given 
an opportunity to address the proposed regulation and any comments 
submitted in response to the NPRM before the Office adopts a final 
rule. Accordingly, the Office concludes that reply comments would be 
appropriate. Interested parties must submit written reply comments in 
accordance with the deadline specified in the DATES section above. 
Reply commenters should limit their remarks to the issues or concerns 
presented in the initial comments.

B. Ex-Parte Communication

    Typically, the Office's communications with participants about 
ongoing rulemakings do not include discussions about the substance of 
the proceeding apart from the noticed phases of written comments. The 
Office has determined that informal communication with interested 
parties might be beneficial in this rulemaking, such as to discuss 
nuances of proposed regulatory language. Any such communication may 
occur before and after public comments are submitted to the Office, but 
before a final rule has issued. Parties wishing to participate in 
informal discussions with the Office should submit a written request 
using the contact information above.
    The primary means to communicate views in the course of the 
rulemaking will, however, continue to be through the submission of 
written comments. In other words, informal communication will 
supplement, not substitute for, the written record. Should a party meet 
with the Office regarding this rulemaking, the participating party will 
be responsible for submitting a list of attendees and written summary 
of any oral communication to the Office, which will be made publicly 
available on the Office's Web site or regulations.gov. In sum, while 
the Office is establishing the option of informal meetings in this 
rulemaking, it will require that all such communications be on the 
record to ensure the greatest possible transparency.

    Dated: December 6, 2017.
Sarang V. Damle,
General Counsel and Associate Register of Copyrights.
[FR Doc. 2017-26631 Filed 12-8-17; 8:45 am]
BILLING CODE 1410-30-P