82_FR_7892 82 FR 7879 - Distribution of 2010-13 Satellite Royalty Funds

82 FR 7879 - Distribution of 2010-13 Satellite Royalty Funds

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 82, Issue 13 (January 23, 2017)

Page Range7879-7880
FR Document2017-01357

The Copyright Royalty Judges announce settlement of controversies and a request for partial distribution of satellite television retransmission royalties claimed by Music Claimants. Music Claimants include Broadcast Music, Inc. (BMI) and the American Society of Composers, Authors, and Publishers (ASCAP), as well as SESAC, Inc.

Federal Register, Volume 82 Issue 13 (Monday, January 23, 2017) 
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7879-7880]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01357]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Consolidated Docket No. 14-CRB-0011-SD (2010-13)]


Distribution of 2010-13 Satellite Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice requesting comments.

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SUMMARY: The Copyright Royalty Judges announce settlement of 
controversies and a request for partial distribution of satellite 
television retransmission royalties claimed by Music Claimants. Music 
Claimants include Broadcast Music, Inc. (BMI) and the American Society 
of Composers, Authors, and Publishers (ASCAP), as well as SESAC, Inc.

DATES: Comments are due on or before February 22, 2017.

ADDRESSES: Submit electronic comments via email to [email protected]. 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. This notice and request is 
also posted on the agency's Web site (www.loc.gov/crb) and on 
Regulations.gov (www.regulations.gov).

FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, Attorney-Advisor, by 
telephone at (202) 707-7658 or email at [email protected].

SUPPLEMENTARY INFORMATION: Each year satellite systems must submit 
royalty payments to the Register of Copyrights as required by the 
statutory license set forth in section 119 of the Copyright Act for the 
retransmission to satellite subscribers of over-the-air television and 
radio broadcast signals. See 17 U.S.C. 119(b). The Copyright Royalty 
Judges (Judges) oversee distribution of royalties to copyright owners 
whose works were included in a qualifying retransmission and who filed 
a timely claim for royalties. Allocation of the royalties collected 
occurs in one of two ways. In the first instance, the Judges may 
authorize distribution in accordance with a negotiated settlement among 
all claiming parties. 17 U.S.C. 111(d)(4)(A). If all claimants do not 
reach agreement with respect to the royalties, the Judges must conduct 
a proceeding to determine the distribution of any royalties that remain 
in controversy. 17 U.S.C. 111(d)(4)(B). Alternatively, the Judges may, 
on motion of claimants and on notice to all interested parties, 
authorize a partial distribution of royalties, reserving on deposit 
sufficient funds to resolve identified disputes. 17 U.S.C. 
111(d)(4)(C), 801(b)(3)(C).
    On December 15, 2016, the Judges received a motion (Joint Motion) 
seeking distribution by stipulation to the Music Claimants from the 
satellite royalty funds deposited for royalty years 2010 through 2013, 
inclusive (the Funds). All participants \1\ in this consolidated 
proceeding (Moving Parties) endorsed the Joint Motion. In the Joint 
Motion, the Moving Parties notified the Judges that they stipulate and 
agree that Music Claimants shall receive a share of each of the 2010-13 
Funds as follows (the Music Claimants' Share):
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    \1\ Participants are: Motion Picture Association of America, 
Joint Sports Claimants, National Association of Broadcasters and the 
Commercial Television Claimants, Music Claimants, Canadian Claimants 
Group, Settling Devotional Claimants, National Public Radio, Public 
Broadcasting Service and the Public Television Claimants, and 
Multigroup Claimants.

------------------------------------------------------------------------
                   Year                              Percentage
------------------------------------------------------------------------
2010......................................  3.50
2011......................................  3.50
2012......................................  3.50
2013......................................  3.50
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    The Moving Parties stipulate that the value of the Music Claimants' 
Share is as listed above, minus the dollar value of partial 
distributions of the 2010-13 Funds that Music Claimants have received 
to date.\2\
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    \2\ The amounts Music Claimants have received in partial 
distribution from each year's portion of the 2010-13 Funds were 
calculated pursuant to confidential settlement agreements among the 
parties and were received from monies distributed by the Office of 
the Commissioner of Baseball as Common Agent for the parties. The 
amount of these partial distributions constitutes Restricted 
information pursuant to the Protective Order in this proceeding; the 
amounts are redacted from the public version of the Joint Motion and 
are disclosed only to the parties in accordance with the terms of 
the settlement agreements.
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    The Moving Parties represent that there are no outstanding inter- 
or intra-category controversies regarding the claims in the Music 
Claimant category. The Parties further stipulate and agree that these 
sums shall not be subject to repayment once distributed, that Music 
Claimants need not participate further in royalty distribution 
proceedings related to the 2010-13 Funds, and that no additional sums 
shall be distributed to Music Claimants in the future with respect to 
the 2010-13 Funds, provided that Music Claimants shall be entitled to 
receive the Music Claimants' Share of any additional royalties 
deposited into any of the 2010-13 Funds due to any audit of any cable 
system operator's Statement of Account pursuant to 37 CFR 201.16 that 
Music Claimants joined as participating copyright owners.
    The Moving Parties' further stipulate that the terms described in 
the Joint Motion represent a compromise and settlement and apply to the 
2010, 2011, 2012, and 2013 Cable Royalty Distribution Proceedings only; 
no party accepts the requested allocation as precedent and no party 
admits to any principle underlying the Music Claimants' Share.
    The Moving Parties therefore request that the Judges order a 
partial distribution of royalties to Music Claimants in the agreed 
amounts pursuant to section 801(b)(3)(C) of the Copyright Act.\3\ 17 
U.S.C. 801(b)(3)(C). That section requires that, before ruling on the 
motion, the Judges publish a notice in the Federal Register seeking 
responses to the motion for partial distribution to ascertain whether 
any claimant entitled to receive the subject royalties has a reasonable 
objection to the requested distribution. Accordingly, this Notice seeks 
comments from interested claimants on whether any reasonable objection 
exists that would preclude the distributions to Music

[[Page 7880]]

Claimants described in this Notice. Parties making objection to the 
partial distribution must advise the Judges of the existence and 
details of all objections by the end of the comment period. The Judges 
will not consider any objections with respect to the partial 
distribution motion that come to their attention after the close of the 
comment period.
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    \3\ The requested distributions represent partial distributions 
of the 2010-13 Funds, but constitute final distributions to the 
Music Claimants, except that Music claimants may share in the same 
proportion in the event a future audit results in additional 
deposits into any fund at issue in this proceeding.
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    The Judges have caused the joint motion (redacted public version) 
to be posted on the Copyright Royalty Board Web site at http://www.loc.gov/crb.

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: [email protected]; or
    Online: www.regulations.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.

    Dated: January 17, 2017.
Suzanne M. Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2017-01357 Filed 1-19-17; 8:45 am]
 BILLING CODE 1410-72-P

Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices 7879 entitled to receive them. See 37 CFR FOR FURTHER INFORMATION CONTACT: Funds that Music Claimants have 382.2, 384.4(b). Kimberly Whittle, Attorney-Advisor, by received to date.2 As the designated Collective, telephone at (202) 707–7658 or email at The Moving Parties represent that SoundExchange may, once during a crb@loc.gov. there are no outstanding inter- or intra- calendar year, conduct an audit of a SUPPLEMENTARY INFORMATION: Each year category controversies regarding the licensee for any or all of the prior three satellite systems must submit royalty claims in the Music Claimant category. years in order to verify royalty payments to the Register of Copyrights The Parties further stipulate and agree payments. SoundExchange must first as required by the statutory license set that these sums shall not be subject to file with the Judges a notice of intent to forth in section 119 of the Copyright Act repayment once distributed, that Music audit a licensee and deliver the notice for the retransmission to satellite Claimants need not participate further to the licensee. See 37 CFR 382.6, 384.6. subscribers of over-the-air television in royalty distribution proceedings On December 22, 2016, and radio broadcast signals. See 17 related to the 2010–13 Funds, and that SoundExchange filed with the Judges a U.S.C. 119(b). The Copyright Royalty no additional sums shall be distributed notice of intent to audit Music Choice’s Judges (Judges) oversee distribution of to Music Claimants in the future with Preexisting Subscription Service and royalties to copyright owners whose respect to the 2010–13 Funds, provided Business Establishment Service for the works were included in a qualifying that Music Claimants shall be entitled to years 2013, 2014, and 2015. The Judges retransmission and who filed a timely receive the Music Claimants’ Share of must publish notice in the Federal claim for royalties. Allocation of the any additional royalties deposited into Register within 30 days of receipt of a royalties collected occurs in one of two any of the 2010–13 Funds due to any notice announcing the Collective’s ways. In the first instance, the Judges audit of any cable system operator’s intent to conduct an audit. See 37 CFR may authorize distribution in Statement of Account pursuant to 37 382.6(c), 384.6(c). Today’s notice fulfills accordance with a negotiated settlement CFR 201.16 that Music Claimants joined this requirement with respect to among all claiming parties. 17 U.S.C. as participating copyright owners. SoundExchange’s December 22, 2016, 111(d)(4)(A). If all claimants do not The Moving Parties’ further stipulate notice of intent to audit. reach agreement with respect to the that the terms described in the Joint Dated: January 13, 2017. royalties, the Judges must conduct a Motion represent a compromise and proceeding to determine the distribution settlement and apply to the 2010, 2011, Suzanne M. Barnett, of any royalties that remain in 2012, and 2013 Cable Royalty Chief Copyright Royalty Judge. controversy. 17 U.S.C. 111(d)(4)(B). Distribution Proceedings only; no party [FR Doc. 2017–01318 Filed 1–19–17; 8:45 am] Alternatively, the Judges may, on accepts the requested allocation as BILLING CODE 1410–72–P motion of claimants and on notice to all precedent and no party admits to any interested parties, authorize a partial principle underlying the Music distribution of royalties, reserving on Claimants’ Share. LIBRARY OF CONGRESS deposit sufficient funds to resolve The Moving Parties therefore request identified disputes. 17 U.S.C. that the Judges order a partial Copyright Royalty Board 111(d)(4)(C), 801(b)(3)(C). distribution of royalties to Music [Consolidated Docket No. 14–CRB–0011–SD On December 15, 2016, the Judges Claimants in the agreed amounts (2010–13)] received a motion (Joint Motion) seeking pursuant to section 801(b)(3)(C) of the distribution by stipulation to the Music Copyright Act.3 17 U.S.C. 801(b)(3)(C). Distribution of 2010–13 Satellite Claimants from the satellite royalty Royalty Funds That section requires that, before ruling funds deposited for royalty years 2010 on the motion, the Judges publish a AGENCY: Copyright Royalty Board, through 2013, inclusive (the Funds). All notice in the Federal Register seeking Library of Congress. participants 1 in this consolidated responses to the motion for partial proceeding (Moving Parties) endorsed distribution to ascertain whether any ACTION: Notice requesting comments. the Joint Motion. In the Joint Motion, claimant entitled to receive the subject SUMMARY: The Copyright Royalty Judges the Moving Parties notified the Judges royalties has a reasonable objection to announce settlement of controversies that they stipulate and agree that Music the requested distribution. Accordingly, and a request for partial distribution of Claimants shall receive a share of each this Notice seeks comments from satellite television retransmission of the 2010–13 Funds as follows (the interested claimants on whether any royalties claimed by Music Claimants. Music Claimants’ Share): reasonable objection exists that would Music Claimants include Broadcast preclude the distributions to Music Year Percentage Music, Inc. (BMI) and the American Society of Composers, Authors, and 2010 .......................... 3.50 2 The amounts Music Claimants have received in Publishers (ASCAP), as well as SESAC, 2011 .......................... 3.50 partial distribution from each year’s portion of the 2010–13 Funds were calculated pursuant to Inc. 2012 .......................... 3.50 confidential settlement agreements among the DATES: Comments are due on or before 2013 .......................... 3.50 parties and were received from monies distributed February 22, 2017. by the Office of the Commissioner of Baseball as The Moving Parties stipulate that the Common Agent for the parties. The amount of these ADDRESSES: Submit electronic partial distributions constitutes Restricted value of the Music Claimants’ Share is comments via email to crb@loc.gov. information pursuant to the Protective Order in this as listed above, minus the dollar value Those who choose not to submit of partial distributions of the 2010–13 proceeding; the amounts are redacted from the comments electronically should see public version of the Joint Motion and are disclosed mstockstill on DSK3G9T082PROD with NOTICES only to the parties in accordance with the terms of ‘‘How to Submit Comments’’ in the 1 Participants are: Motion Picture Association of the settlement agreements. Supplementary Information section America, Joint Sports Claimants, National 3 The requested distributions represent partial below for physical addresses and further Association of Broadcasters and the Commercial distributions of the 2010–13 Funds, but constitute instructions. This notice and request is Television Claimants, Music Claimants, Canadian final distributions to the Music Claimants, except Claimants Group, Settling Devotional Claimants, that Music claimants may share in the same also posted on the agency’s Web site National Public Radio, Public Broadcasting Service proportion in the event a future audit results in (www.loc.gov/crb) and on and the Public Television Claimants, and additional deposits into any fund at issue in this Regulations.gov (www.regulations.gov). Multigroup Claimants. proceeding. VerDate Sep<11>2014 19:02 Jan 19, 2017 Jkt 241001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\23JAN1.SGM 23JAN1

7880 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices Claimants described in this Notice. Office of Polar Programs, Rm. 755, Hamos, 4201 Wilson Blvd., Arlington, Parties making objection to the partial National Science Foundation, 4201 VA 22230. Telephone: (703) 292–8000. distribution must advise the Judges of Wilson Boulevard, Arlington, VA 22230. Chris Blair, the existence and details of all Or by email: ACApermits@nsf.gov. Executive Assistant to the NSB Office. objections by the end of the comment period. The Judges will not consider any SUPPLEMENTARY INFORMATION: On [FR Doc. 2017–01553 Filed 1–18–17; 4:15 pm] objections with respect to the partial December 15, 2016, the National BILLING CODE 7555–01–P distribution motion that come to their Science Foundation published a notice attention after the close of the comment in the Federal Register of a permit period. application received. The permit was NUCLEAR REGULATORY The Judges have caused the joint issued on January 17, 2017 to: Robert B. COMMISSION motion (redacted public version) to be Dunbar, Permit No. 2017–038. [Docket No. 50–412; NRC–2016–0277] posted on the Copyright Royalty Board Nadene G. Kennedy, Web site at http://www.loc.gov/crb. Beaver Valley Power Station, Unit 2; Polar Coordination Specialist, Office of Polar Consideration of Approval of Transfer How To Submit Comments Programs. of License and Conforming Interested members of the public must [FR Doc. 2017–01355 Filed 1–19–17; 8:45 am] Amendment submit comments to only one of the BILLING CODE 7555–01–P following addresses. If not commenting AGENCY: Nuclear Regulatory by email or online, commenters must Commission. submit an original of their comments, NATIONAL SCIENCE FOUNDATION ACTION: Application for direct transfer of five paper copies, and an electronic license; opportunity to comment, version on a CD. Sunshine Act Meeting; National request a hearing, and petition for leave Email: crb@loc.gov; or Science Board to intervene. Online: www.regulations.gov; or SUMMARY: The U.S. Nuclear Regulatory U.S. mail: Copyright Royalty Board, The National Science Board’s Commission (NRC) received and is P.O. Box 70977, Washington, DC 20024– Executive Committee, pursuant to NSF considering approval of an application 0977; or regulations (45 CFR part 614), the filed by FirstEnergy Nuclear Operating Overnight service (only USPS Express National Science Foundation Act, as Company (FENOC), acting as agent for Mail is acceptable): Copyright Royalty amended (42 U.S.C. 1862n–5), and the and on behalf of FirstEnergy Nuclear Board, P.O. Box 70977, Washington, DC Government in the Sunshine Act (5 Generation, LLC (FENGen), the Toledo 20024–0977; or U.S.C. 552b), hereby gives notice of the Edison Company (TE), and the Ohio Commercial courier: Address package scheduling of a teleconference for the Edison Company (OE) on June 24, 2016, to: Copyright Royalty Board, Library of transaction of National Science Board as supplemented on September 13, Congress, James Madison Memorial business, as follows: 2016, and December 15, 2016. The Building, LM–403, 101 Independence application seeks NRC approval of the Avenue SE., Washington, DC 20559– DATE & TIME: Wednesday, January 25, 2017 from 3:00–4:00 p.m. EST. direct transfer of License No. NPF–73 6000. Deliver to: Congressional Courier for the Beaver Valley Power Station, Acceptance Site, 2nd Street NE and D SUBJECT MATTER: (1) Committee Chair’s Unit 2, to the extent currently held by Street NE., Washington, DC; or opening remarks; (2) Approval of TE and OE, to FENGen. The NRC is also Hand delivery: Library of Congress, Executive Committee minutes of considering amending the renewed James Madison Memorial Building, LM– October 20, 2016; and (3) Discuss issues facility operating license for 401, 101 Independence Avenue SE., and topics for an agenda of the NSB administrative purposes to reflect the Washington, DC 20559–6000. meeting scheduled for February 21–22, proposed transfer. Dated: January 17, 2017. 2017. DATES: Comments must be filed by Suzanne M. Barnett, February 22, 2017. A request for a STATUS: Open. hearing must be filed by February 13, Chief U.S. Copyright Royalty Judge. [FR Doc. 2017–01357 Filed 1–19–17; 8:45 am] LOCATION: This meeting will be held by 2017. BILLING CODE 1410–72–P teleconference at the National Science ADDRESSES: You may submit comments Foundation, 4201 Wilson Blvd., by any of the following methods (unless Arlington, VA 22230. A public listening this document describes a different NATIONAL SCIENCE FOUNDATION line will be available. Members of the method for submitting comments on a public must contact the Board Office specific subject): Notice of Permits Issued Under the (call 703–292–7000 or send an email • Federal Rulemaking Web site: Go to Antarctic Conservation Act of 1978 message to nationalsciencebrd@nsf.gov) http://www.regulations.gov and search at least 24 hours prior to the for Docket ID NRC–2016–0277. Address AGENCY: National Science Foundation. questions about NRC dockets to Carol teleconference for the public listening ACTION: Notice of permits issued under Gallagher; telephone: 301–415–3463; number. the Antarctic Conservation of 1978, email: Carol.Gallagher@nrc.gov. For Public Law 95–541. UPDATES & POINT OF CONTACT: Please technical questions contact the individual listed in the FOR FURTHER mstockstill on DSK3G9T082PROD with NOTICES refer to the National Science Board Web SUMMARY: The National Science site www.nsf.gov/nsb for additional INFORMATION CONTACT section of this Foundation (NSF) is required to publish information. Meeting information and document. notice of permits issued under the updates (time, place, subject matter or • Email comments to: Antarctic Conservation Act of 1978. Hearingdocket@nrc.gov. If you do not status of meeting) may be found at This is the required notice. receive an automatic email reply http://www.nsf.gov/nsb/notices/. Point FOR FURTHER INFORMATION CONTACT: of contact for this meeting is: James confirming receipt, then contact us at Nature McGinn, ACA Permit Officer, 301–415–1677. VerDate Sep<11>2014 19:02 Jan 19, 2017 Jkt 241001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\23JAN1.SGM 23JAN1


Document Created: 2017-01-20 01:30:26
Document Modified: 2017-01-20 01:30:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice requesting comments.
DatesComments are due on or before February 22, 2017.
ContactKimberly Whittle, Attorney-Advisor, by telephone at (202) 707-7658 or email at [email protected]
FR Citation82 FR 7879 
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