83 FR 2739 - Determination of Rates and Terms for Public Broadcasting (PB III)
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 83, Issue 13 (January 19, 2018)
Copyright Royalty Board
Federal Register Volume 83, Issue 13 (January 19, 2018)
| Page Range | 2739-2743 | |
| FR Document | 2018-00735 |
[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)] [Rules and Regulations] [Pages 2739-2743] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00735] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 16-CRB-0002-PBR (2018-2022)] Determination of Rates and Terms for Public Broadcasting (PB III) AGENCY: Copyright Royalty Board (CRB), Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges publish this final rule regarding rates and terms for use of certain works in connection with noncommercial broadcasting for the period commencing January 1, 2018, and ending on December 31, 2022. DATES: Effective date: This rule is effective on January 19, 2018. Applicability dates: This rule applies to the license period January 1, 2018, through December 31, 2022. ADDRESSES: Docket: For access to the docket to read background documents or comments received, go to eCRB, the Copyright Royalty Board's electronic filing and case management system, at https://app.crb.gov/ and search for docket number 16-CRB-0002-PBR (2018-2022). For documents not yet uploaded to eCRB (because it is a new system), go to the agency website at https://www.crb.gov/ or contact the CRB Program Specialist. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected]. SUPPLEMENTARY INFORMATION: Background Section 118 of the Copyright Act, title 17 of the United States Code, establishes a statutory license for the use of certain copyrighted works in connection with noncommercial television and radio broadcasting. Chapter 8 of the Copyright Act requires the Copyright Royalty Judges (``Judges'') to conduct proceedings every five years to determine the rates and terms for the section 118 license. 17 U.S.C. 801(b)(1), 804(b)(6). In accordance with section 804(b)(6), on January 5, 2016, the Judges commenced the proceeding to set rates and terms for the period 2018 through 2022. 77 FR 71104. Copyright owners and public broadcasting entities \1\ may negotiate rates and terms under the section 118 license for categories of copyrighted works and uses that would be binding on all owners and entities using the same license \2\ and submit them to the Judges for approval. 17 U.S.C. 801(b)(7)(A). The participants \3\ in the proceeding settled and submitted to the Judges proposed rates for the relevant categories and uses, which the Judges published in the Federal Register for comment on November 3, 2017. 82 FR 51589. --------------------------------------------------------------------------- \1\ A ``public broadcasting entity'' is defined as a ``noncommercial educational broadcast station as defined in section 397 of title 47 and any nonprofit institution or organization engaged in the activities described in paragraph (2) of subsection (c)'' of section 118. 17 U.S.C. 118(f). \2\ Copyright owners may negotiate rates and terms with specific public broadcasting entities for the use of all of the copyright owners' works covered by the Section 118 license. Section 118(b)(2) provides that such license agreements ``shall be given effect in lieu of any determination by the * * * Copyright Royalty Judges,'' provided that copies of the agreement are submitted to the Judges ``within 30 days of execution.'' 17 U.S.C. 118(b)(2). The Judges received three such agreements (from BMI, ASCAP, and SESAC). \3\ The Judges received settlement proposals from the following active participants: The American Society of Authors, Composers and Publishers (``ASCAP''); SESAC, Inc.; Broadcast Music, Inc. (``BMI''); Educational Media Foundation (``EMF''); National Public Radio (``NPR'') and the Public Broadcasting Service (``PBS''), jointly; National Religious Broadcasters Noncommercial Music License Committee (``NRBNMLC''); the National Music Publishers' Association (``NMPA''), The Harry Fox Agency (``HFA''), National Association of College and University Business Officers (``NACUBO''). The remaining active participant, Church Music Publishers Association (``CMPA''), approved the four joint proposals involving ASCAP/BMI/SESAC/HFA and NMPA and NRBNMLC/EMF. --------------------------------------------------------------------------- The Judges received two comments, a joint comment from participants ASCAP, BMI, NPR, PBS, and SESAC, and a comment from non-participant Global Music Rights, LLC (``GMR'').\4\ --------------------------------------------------------------------------- \4\ The Judges correct one error in the proposed regulatory text published in the proposed rule. They remove the preface after the heading of 381.4 because that language (with proposed revisions) is now in subparagraph (a). --------------------------------------------------------------------------- [[Page 2740]] The joint comment from participants proposed a revision to Sec. 381.4(b) to conform it to Sec. Sec. 381.5 and 381.6 by making explicit that the rates only apply to compositions not in the repertories of ASCAP, BMI, and SESAC.\5\ This change would ensure that, were a voluntary agreement to terminate within the license period, the statutory rate would not apply to compositions in the repertories of ASCAP, BMI, and SESAC. The Judges find the proposed revision is too late and they reject it for several reasons, including: --------------------------------------------------------------------------- \5\ In the Supplementary Information provided in the Proposed Rule relating to this license, the Judges noted that ``NPR and PBS filed proposed changes . . . in Sec. 381.4 . . . [which] conform to analogous changes in Sec. Sec. 381.5 and 381.6.'' 82 FR at 51591 (Nov. 7, 2017). See Submission of NPR and PBS (Oct. 25, 2017). The conforming changes were those establishing the $1.00 backstop rate. None of the participants sought the limitation language they now urge. 1. The proposed language was not sought by any party before the proposed regulations were published for public comment. 2. The proposed language is not in the current regulations. 3. The proposed regulation includes a rate for licenses that are not subject to a voluntary, negotiated agreement. 4. Extension, renewal, or renegotiation of any negotiated agreement to avoid the statutory rate is within the control of ASCAP, BMI, and SESAC. Notwithstanding the agreement of all parties who allegedly might be affected by this late-proposed change, making this change would alter the proposed regulation without affording interested parties an opportunity for review and comment or objection. The comment from GMR raised two concerns. GMR objects to a decrease in the Sec. 381.4 rate for non-participants and requests the Judges keep the current rates and add a one-time cost of living adjustment. It also objects to leaving the Sec. Sec. 381.5 and 381.6 rates for non- participants at the current level and requests the Judges revise it to match the increase in the SESAC rate. GMR did not file a Petition to Participate in the proceeding. It is allowed to comment, but the Judges need not accept its comments as an ``objection'' to be weighed. The Judges respectfully acknowledge GMR's concerns, but those concerns cannot be a basis for the Judges to find that there is a reasonable objection to adoption of the rules. The Judges' ability to reject an agreement on the reasonableness of the rates and terms proposed therein is constrained by statute. Specifically, section 801(b)(7)(A)(ii) directs the Judges to adopt proposed agreed rates and terms unless a participant to the proceeding objects.\6\ The entity objecting to the proposed rates and terms at issue, GMR, did not file a timely petition to participate in this proceeding, and it does not qualify as a participant to the proceeding.\7\ Therefore, having received no objections to the reasonableness of the proposed rates and terms from a participant in this proceeding, the Copyright Royalty Judges adopt with one minor revision the final regulations as published on November 3, 2017, which set the rates and terms for the section 118 statutory license for the period 2018 through 2022. --------------------------------------------------------------------------- \6\ The Register of Copyrights has opined that the statutory direction does not imply or require that the Judges must adopt proposed regulations that are inherently contrary to law. See 78 FR 47421. \7\ In the Cable Sports Rule proceeding, docket number 15-CRB- 0010-CA-S (Sports Rule Proceeding), the Judges gave the comments of non-participant Major League Soccer (``MLS'') more consideration by soliciting reply comments because the settlement in that proceeding excluded MLS from any royalty consideration. 82 FR 44368. In this proceeding, the settling parties proposed a rate for non-settling entities that would cover non-participant GMR. --------------------------------------------------------------------------- List of Subjects in 37 CFR Part 381 Copyright, Music, Radio, Television, Rates. Final Regulations For the reasons set forth in the preamble, the Copyright Royalty Judges amend part 381 to chapter III of title 37 of the Code of Federal Regulations as set forth below: PART 381--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING 0 1. The authority citation for part 381 continues to read as follows: Authority: 17 U.S.C. 118, 801(b)(1) and 803. Sec. 381.1 [Amended] 0 2. In Sec. 381.1, remove ``2013'' and in its place add ``2018'' and remove ``2017'' and in its place add ``2022''. 0 3. Amend Sec. 381.4 as follows: 0 a. Remove the introductory text; 0 b. Add introductory text to paragraph (a); 0 c. In paragraph (c), remove ``2013'' and in its place add ``2018'' and remove ``2017'' and in its place add ``2022''; and 0 d. Remove paragraph (d). The revision reads as follows: Sec. 381.4 Performance of musical compositions by PBS, NPR and other public broadcasting entities engaged in the activities set forth in 17 U.S.C. 118(c). (a) Determination of royalty rate. The following rates and terms shall apply to the performance by PBS, NPR and other public broadcasting entities engaged in activities set forth in 17 U.S.C. 118(c) of copyrighted published nondramatic musical compositions, except for public broadcasting entities covered by Sec. Sec. 381.5 and 381.6, and except for compositions which are the subject of voluntary license agreements: The royalty shall be $1. * * * * * 0 4. Amend Sec. 381.5 by revising paragraph (c) to read as follows: Sec. 381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities. * * * * * (c) Royalty rate. A public broadcasting entity within the scope of this section may perform published nondramatic musical compositions subject to the following schedule of royalty rates: (1) For all such compositions in the repertory of ASCAP, the royalty rates shall be as follows: (i) Music fees. -------------------------------------------------------------------------------------------------------------------------------------------------------- Number of full-time students 2018 2019 2020 2021 2022 -------------------------------------------------------------------------------------------------------------------------------------------------------- Level 1................................ <1,000......................... $352 $359 $366 $373 $380 Level 2................................ 1,000-4,999.................... 407 415 423 431 440 Level 3................................ 5,000-9,999.................... 557 568 579 591 603 Level 4................................ 10,000-19,999.................. 722 736 751 766 781 Level 5................................ 20,000+........................ 908 926 945 964 983 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 2741]] (ii) Level 1 rates as set forth in paragraph (c)(1)(i) of this section, shall also apply to College Radio Stations with an authorized effective radiated power (ERP), as that term is defined in 47 CFR 73.310(a), of 100 Watts or less, as specified on its current FCC license, regardless of the size of the student population. (2) For all such compositions in the repertory of BMI, the royalty rates shall be as follows: (i) Music fees. -------------------------------------------------------------------------------------------------------------------------------------------------------- Number of full-time students 2018 2019 2020 2021 2022 -------------------------------------------------------------------------------------------------------------------------------------------------------- Level 1................................ <1,000......................... $352 $359 $366 $373 $380 Level 2................................ 1,000-4,999.................... 407 415 423 431 440 Level 3................................ 5,000-9,999.................... 557 568 579 591 603 Level 4................................ 10,000-19,999.................. 722 736 751 766 781 Level 5................................ 20,000+........................ 908 926 945 964 983 -------------------------------------------------------------------------------------------------------------------------------------------------------- (ii) Level 1 rates, as set forth in paragraph (c)(2)(i) of this section, shall also apply to College Radio Stations with an authorized effective radiated power (ERP), as that term is defined in 47 CFR 73.310(a), of 100 Watts or less, as specified on its current FCC license, regardless of the size of the student population. (3) For all such compositions in the repertory of SESAC, the royalty rates shall be as follows: (i) 2018: The 2017 rate, subject to an annual cost of living adjustment in accordance with paragraph (c)(3)(vi) of this section. (ii) 2019: The 2018 rate, subject to an annual cost of living adjustment in accordance with paragraph (c)(3)(vi) of this section. (iii) 2020: The 2019 rate, subject to an annual cost of living adjustment in accordance with paragraph (c)(3)(vi) of this section. (iv) 2021: The 2020 rate, subject to an annual cost of living adjustment in accordance with paragraph (c)(3)(vi) of this section. (v) 2022: The 2021 rate, subject to an annual cost of living adjustment in accordance with paragraph (c)(3)(vi) of this section. (vi) Such cost of living adjustment to be made in accordance with the greater of: (A) The change, if any, in the Consumer Price Index (all consumers, all items) published by the U.S. Department of Labor, Bureau of Labor Statistics during the twelve (12) month period from the most recent Index, published before December 1 of the year immediately prior to the applicable year; or (B) One and one-half percent (1.5%). (4) For the performance of any other such compositions: $1. * * * * * 0 5. Amend Sec. 381.6 as follows: 0 a. Remove from the first sentence of paragraph (a) the words ``which are''; and 0 b. Revise paragraph (d). The revision reads as follows: Sec. 381.6 Performance of musical compositions by other public broadcasting entities. * * * * * (d) Royalty rate. A public broadcasting entity within the scope of this section may perform published nondramatic musical compositions subject to the following schedule of royalty rates: (1) For all such compositions in the repertory of ASCAP, the royalty rates shall be as follows: (i) Music Fees (Stations with 20% or more programming containing Feature Music): -------------------------------------------------------------------------------------------------------------------------------------------------------- Calendar years Population count ------------------------------------------------------------------------------- 2018 2019 2020 2021 2022 -------------------------------------------------------------------------------------------------------------------------------------------------------- Level 1................................ 0-249,999...................... $697 $711 $725 $739 $754 Level 2................................ 250,000-499,999................ 1,243 1,268 1,294 1,319 1,346 Level 3................................ 500,000-999,999................ 1,864 1,901 1,939 1,978 2,017 Level 4................................ 1,000,000-1,499,999............ 2,486 2,535 2,586 2,638 2,691 Level 5................................ 1,500,000-1,999,999............ 3,107 3,169 3,232 3,297 3,363 Level 6................................ 2,000,000-2,499,999............ 3,728 3,803 3,879 3,956 4,035 Level 7................................ 2,500,000-2,999,999............ 4,349 4,436 4,525 4,615 4,708 Level 8................................ 3,000,000 and above............ 6,214 6,338 6,465 6,594 6,726 -------------------------------------------------------------------------------------------------------------------------------------------------------- (ii) Talk Format Station Fees (Stations with <20% Feature Music programming): -------------------------------------------------------------------------------------------------------------------------------------------------------- Calendar years Population count ------------------------------------------------------------------------------- 2018 2019 2020 2021 2022 -------------------------------------------------------------------------------------------------------------------------------------------------------- Level 1................................ 0-249,999...................... $697 $711 $725 $739 $754 Level 2................................ 250,000-499,999................ 697 711 725 739 754 Level 3................................ 500,000-999,999................ 697 711 725 739 754 Level 4................................ 1,000,000-1,499,999............ 870 887 905 923 942 Level 5................................ 1,500,000-1,999,999............ 1,087 1,109 1,131 1,154 1,177 Level 6................................ 2,000,000-2,499,999............ 1,305 1,331 1,357 1,384 1,412 Level 7................................ 2,500,000-2,999,999............ 1,522 1,552 1,583 1,615 1,647 Level 8................................ 3,000,000 and above............ 2,175 2,218 2,262 2,308 2,354 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 2742]] (2) For all such compositions in the repertory of BMI, the royalty rates shall be as follows: (i) Music Fees (Stations with 20% or more programming containing Feature Music): -------------------------------------------------------------------------------------------------------------------------------------------------------- Calendar years Population count ------------------------------------------------------------------------------- 2018 2019 2020 2021 2022 -------------------------------------------------------------------------------------------------------------------------------------------------------- Level 1................................ 0-249,999...................... $697 $711 $725 $739 $754 Level 2................................ 250,000-499,999................ 1,243 1,268 1,294 1,319 1,346 Level 3................................ 500,000-999,999................ 1,864 1,901 1,939 1,978 2,017 Level 4................................ 1,000,000-1,499,999............ 2,486 2,535 2,586 2,638 2,691 Level 5................................ 1,500,000-1,999,999............ 3,107 3,169 3,232 3,297 3,363 Level 6................................ 2,000,000-2,499,999............ 3,728 3,803 3,879 3,956 4,035 Level 7................................ 2,500,000-2,999,999............ 4,349 4,436 4,525 4,615 4,708 Level 8................................ 3,000,000 and above............ 6,214 6,338 6,465 6,594 6,726 -------------------------------------------------------------------------------------------------------------------------------------------------------- (ii) Talk Format Station Fees (Stations with <20% Feature Music programming): -------------------------------------------------------------------------------------------------------------------------------------------------------- Calendar years Population count ------------------------------------------------------------------------------- 2018 2019 2020 2021 2022 -------------------------------------------------------------------------------------------------------------------------------------------------------- Level 1................................ 0-249,999...................... $697 $711 $725 $739 $754 Level 2................................ 250,000-499,999................ 697 711 725 739 754 Level 3................................ 500,000-999,999................ 697 711 725 739 754 Level 4................................ 1,000,000-1,499,999............ 870 887 905 923 942 Level 5................................ 1,500,000-1,999,999............ 1,087 1,109 1,131 1,154 1,177 Level 6................................ 2,000,000-2,499,999............ 1,305 1,331 1,357 1,384 1,412 Level 7................................ 2,500,000-2,999,999............ 1,522 1,552 1,583 1,615 1,647 Level 8................................ 3,000,000 and above............ 2,175 2,218 2,262 2,308 2,354 -------------------------------------------------------------------------------------------------------------------------------------------------------- (3) For all such compositions in the repertory of SESAC, the royalty rates shall be as follows: (i) Music fees for stations with > = 20% Feature Music programming: -------------------------------------------------------------------------------------------------------------------------------------------------------- Population count 2018 2019 2020 2021 2022 -------------------------------------------------------------------------------------------------------------------------------------------------------- Level 1................................ 0-249,999...................... $152 $155 $158 $161 $164 Level 2................................ 250,000-499,999................ 253 258 263 268 274 Level 3................................ 500,000-999,999................ 380 388 396 403 411 Level 4................................ 1,000,000-1,499,999............ 507 517 527 538 548 Level 5................................ 1,500,000-1,999,999............ 634 647 660 673 686 Level 6................................ 2,000,000-2,499,999............ 760 775 790 806 822 Level 7................................ 2,500,000-2,999,999............ 887 905 923 941 960 Level 8................................ 3,000,000 and above............ 1,268 1,293 1,318 1,344 1,371 -------------------------------------------------------------------------------------------------------------------------------------------------------- (ii) Talk fees for stations with <20% Feature Music programming: -------------------------------------------------------------------------------------------------------------------------------------------------------- Population count 2018 2019 2020 2021 2022 -------------------------------------------------------------------------------------------------------------------------------------------------------- Level 1................................ 0-249,999...................... $152 $155 $158 $161 $164 Level 2................................ 250,000-499,999................ 152 155 158 161 164 Level 3................................ 500,000-999,999................ 152 155 158 161 164 Level 4................................ 1,000,000-1,499,999............ 177 181 185 188 192 Level 5................................ 1,500,000-1,999,999............ 222 227 231 236 240 Level 6................................ 2,000,000-2,499,999............ 266 271 277 282 288 Level 7................................ 2,500,000-2,999,999............ 311 317 323 330 336 Level 8................................ 3,000,000 and above............ 444 452 461 470 480 -------------------------------------------------------------------------------------------------------------------------------------------------------- (4) For the performance of any other such compositions, in 2018 through 2022, $1. * * * * * 0 6. Amend Sec. 381.7 as follows: 0 a. Revise paragraphs (b)(1)(i)(A) through (D) and (b)(1)(ii)(A) through (D); 0 b. Revise paragraph (b)(2)(i) through (iv); and 0 c. Revise paragraph (b)(4)(i) through (iii). The revisions read as follows: [[Page 2743]] Sec. 381.7 Recording rights, rates and terms. * * * * * (b) * * * (1)(i) * * * ------------------------------------------------------------------------ 2018-2022 ------------------------------------------------------------------------ (A) Feature................................................ $118.70 (B) Concert feature (per minute)........................... 35.65 (C) Background............................................. 59.99 (D) Theme: (1) Single program or first series program............... 59.99 (2) Other series program................................. 24.36 ------------------------------------------------------------------------ (ii) * * * ------------------------------------------------------------------------ 2018-2022 ------------------------------------------------------------------------ (A) Feature................................................ $9.81 (B) Concert feature (per minute)........................... 2.58 (C) Background............................................. 4.26 (D) Theme: (1) Single program or first series program............... 4.26 (2) Other series program................................. 1.69 ------------------------------------------------------------------------ * * * * * (2) * * * ------------------------------------------------------------------------ 2018-2022 ------------------------------------------------------------------------ (i) Feature................................................ $12.85 (ii) Concert feature (per minute).......................... 18.86 (iii) Background........................................... 6.44 (iv) Theme: (A) Single program or first series program............... 6.44 (B) Other series program................................. 2.57 ------------------------------------------------------------------------ * * * * * (4) * * * ------------------------------------------------------------------------ 2018-2022 ------------------------------------------------------------------------ (i) Feature................................................ $.81 (ii) Feature (concert) (per half hour)..................... 1.69 (iii) Background........................................... .41 ------------------------------------------------------------------------ * * * * * 0 7. Amend Sec. 381.10 as follows: 0 a. In paragraph (a), remove ``2013'' everywhere it appears and in its place add ``2018'' and remove ``2012'' and in its place add ``2017''; and 0 b. Revise paragraph (b). The revision reads as follows: Sec. 381.10 Cost of living adjustment. * * * * * (b) On the same date of the notices published pursuant to paragraph (a) of this section, the Copyright Royalty Judges shall publish in the Federal Register a revised schedule of the rates for Sec. 381.5(c)(3), the rate to be charged for compositions in the repertory of SESAC, which shall adjust the royalty amounts established in a dollar amount according to the greater of: (1) The change in the cost of living determined as provided in paragraph (a) of this section; or (2) One-and-a-half percent (1.5%). (3) Such royalty rates shall be fixed at the nearest dollar. * * * * * Dated: December 12, 2017. Suzanne M. Barnett, Chief U.S. Copyright Royalty Judge. Jesse M. Feder, U.S. Copyright Royalty Judge. David R. Strickler, U.S. Copyright Royalty Judge. Carla D. Hayden, Librarian of Congress. [FR Doc. 2018-00735 Filed 1-18-18; 8:45 am] BILLING CODE 1410-72-P
![Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations 2739
Intracoastal Waterway (Halifax River), Local and Broadcast Notices to Mariners Background
mile 816.0, at Ormond Beach, FL. of the change in operating schedule for Section 118 of the Copyright Act, title
The deviation is necessary to the bridge so that vessel operators can 17 of the United States Code, establishes
accommodate the replacement of arrange their transits to minimize any a statutory license for the use of certain
trunnion bearings for the west bascule impact caused by the temporary copyrighted works in connection with
leaf. This deviation allows the bridge deviation. noncommercial television and radio
single-leaf operations, reducing the In accordance with 33 CFR 117.35(e), broadcasting. Chapter 8 of the Copyright
horizontal clearance to 45 feet. the drawbridge must return to its regular Act requires the Copyright Royalty
DATES: This deviation is effective operating schedule immediately at the Judges (‘‘Judges’’) to conduct
without actual notice from January 19, end of the effective period of this proceedings every five years to
2018 through 7 p.m. on February 20, temporary deviation. This deviation determine the rates and terms for the
2018. For the purposes of enforcement, from the operating regulations is section 118 license. 17 U.S.C. 801(b)(1),
actual notice will be used from 7 a.m. authorized under 33 CFR 117.35. 804(b)(6). In accordance with section
on January 16, 2018, until January 19, Dated: January 16, 2018. 804(b)(6), on January 5, 2016, the Judges
2018. commenced the proceeding to set rates
Barry L. Dragon,
ADDRESSES: The docket for this Director, Bridge Branch, Seventh Coast Guard and terms for the period 2018 through
deviation, USCG–2018–0019, is District. 2022. 77 FR 71104.
available at http://www.regulations.gov. [FR Doc. 2018–00937 Filed 1–18–18; 8:45 am] Copyright owners and public
Type the docket number in the BILLING CODE 9110–04–P
broadcasting entities 1 may negotiate
‘‘SEARCH’’ box and click ‘‘SEARCH’’. rates and terms under the section 118
Click on Open Docket Folder on the line license for categories of copyrighted
associated with this deviation. works and uses that would be binding
FOR FURTHER INFORMATION CONTACT: If LIBRARY OF CONGRESS on all owners and entities using the
you have questions on this temporary same license 2 and submit them to the
deviation, call or email MST3 Rory Copyright Royalty Board Judges for approval. 17 U.S.C.
Boyle, Coast Guard Sector Jacksonville, 801(b)(7)(A). The participants 3 in the
Waterways Management Division, 37 CFR Part 381 proceeding settled and submitted to the
telephone 904–714–7648, email Judges proposed rates for the relevant
Rory.C.Boyle@uscg.mil. [Docket No. 16–CRB–0002–PBR (2018– categories and uses, which the Judges
SUPPLEMENTARY INFORMATION: The owner 2022)] published in the Federal Register for
of the bridge, Volusia County, Florida, comment on November 3, 2017. 82 FR
Determination of Rates and Terms for 51589.
requested a temporary deviation. The Public Broadcasting (PB III)
trunnion bearings on the west bascule The Judges received two comments, a
leaf are damaged. Replacement requires AGENCY: Copyright Royalty Board (CRB), joint comment from participants
jacking the bascule leaf to remove and Library of Congress. ASCAP, BMI, NPR, PBS, and SESAC,
install new bearings. and a comment from non-participant
ACTION: Final rule.
The Highbridge Road (Knox) Bridge Global Music Rights, LLC (‘‘GMR’’).4
across the Atlantic Intracoastal SUMMARY: The Copyright Royalty Judges
1 A ‘‘public broadcasting entity’’ is defined as a
Waterway (Halifax River), mile 816.0, at publish this final rule regarding rates
‘‘noncommercial educational broadcast station as
Ormond Beach, Florida is a double-leaf and terms for use of certain works in defined in section 397 of title 47 and any nonprofit
bascule bridge with a vertical clearance connection with noncommercial institution or organization engaged in the activities
of 11 feet at mean high water in the broadcasting for the period commencing described in paragraph (2) of subsection (c)’’ of
closed position and a horizontal January 1, 2018, and ending on section 118. 17 U.S.C. 118(f).
2 Copyright owners may negotiate rates and terms
clearance of 91 feet between fenders. December 31, 2022. with specific public broadcasting entities for the
The existing bridge operating schedule DATES: use of all of the copyright owners’ works covered
is published in 33 CFR 117.5. Effective date: This rule is effective on by the Section 118 license. Section 118(b)(2)
This temporary deviation allows the January 19, 2018. provides that such license agreements ‘‘shall be
bridge single-leaf operations from 7 a.m. given effect in lieu of any determination by the
Applicability dates: This rule applies * * * Copyright Royalty Judges,’’ provided that
on January 16, 2018 through 7 p.m. on to the license period January 1, 2018, copies of the agreement are submitted to the Judges
February 20, 2018. This temporary through December 31, 2022. ‘‘within 30 days of execution.’’ 17 U.S.C. 118(b)(2).
deviation will reduce the horizontal The Judges received three such agreements (from
ADDRESSES: Docket: For access to the BMI, ASCAP, and SESAC).
clearance to 45 feet through the east
docket to read background documents 3 The Judges received settlement proposals from
bascule span. The waterway is used by
or comments received, go to eCRB, the the following active participants: The American
a variety of vessels including U.S. Society of Authors, Composers and Publishers
Copyright Royalty Board’s electronic
government vessels, small commercial (‘‘ASCAP’’); SESAC, Inc.; Broadcast Music, Inc.
filing and case management system, at (‘‘BMI’’); Educational Media Foundation (‘‘EMF’’);
vessels, recreational vessels and tugs
https://app.crb.gov/ and search for National Public Radio (‘‘NPR’’) and the Public
and barge traffic. Due to the mechanical
docket number 16–CRB–0002–PBR Broadcasting Service (‘‘PBS’’), jointly; National
issues, the bridge has operated on Religious Broadcasters Noncommercial Music
(2018–2022). For documents not yet
single-leaf operations with a double-leaf License Committee (‘‘NRBNMLC’’); the National
uploaded to eCRB (because it is a new Music Publishers’ Association (‘‘NMPA’’), The
opening upon request. Vessels able to
system), go to the agency website at Harry Fox Agency (‘‘HFA’’), National Association of
pass through the bridge in the closed
https://www.crb.gov/ or contact the CRB College and University Business Officers
daltland on DSKBBV9HB2PROD with RULES
position may do so at any time. The (‘‘NACUBO’’). The remaining active participant,
Program Specialist.
bridge will not be able to provide a Church Music Publishers Association (‘‘CMPA’’),
double-leaf opening for emergencies and FOR FURTHER INFORMATION CONTACT: approved the four joint proposals involving
there is no immediate alternate route for Anita Blaine, CRB Program Specialist, ASCAP/BMI/SESAC/HFA and NMPA and
by telephone at (202) 707–7658 or email NRBNMLC/EMF.
vessels to pass. 4 The Judges correct one error in the proposed
The Coast Guard will also inform the at crb@loc.gov. regulatory text published in the proposed rule.
users of the waterways through our SUPPLEMENTARY INFORMATION: Continued
VerDate Sep<11>2014 16:04 Jan 18, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\19JAR1.SGM 19JAR1](https://thefederalregister.org/doc/83_FR_2752/page/1.svg)
![2740 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations
The joint comment from participants concerns, but those concerns cannot be § 381.1 [Amended]
proposed a revision to § 381.4(b) to a basis for the Judges to find that there ■ 2. In § 381.1, remove ‘‘2013’’ and in its
conform it to §§ 381.5 and 381.6 by is a reasonable objection to adoption of place add ‘‘2018’’ and remove ‘‘2017’’
making explicit that the rates only apply the rules. The Judges’ ability to reject an and in its place add ‘‘2022’’.
to compositions not in the repertories of agreement on the reasonableness of the
■ 3. Amend § 381.4 as follows:
ASCAP, BMI, and SESAC.5 This change rates and terms proposed therein is
■ a. Remove the introductory text;
would ensure that, were a voluntary constrained by statute. Specifically,
■ b. Add introductory text to paragraph
agreement to terminate within the section 801(b)(7)(A)(ii) directs the
license period, the statutory rate would Judges to adopt proposed agreed rates (a);
not apply to compositions in the and terms unless a participant to the ■ c. In paragraph (c), remove ‘‘2013’’
repertories of ASCAP, BMI, and SESAC. proceeding objects.6 The entity and in its place add ‘‘2018’’ and remove
The Judges find the proposed revision is objecting to the proposed rates and ‘‘2017’’ and in its place add ‘‘2022’’; and
too late and they reject it for several terms at issue, GMR, did not file a ■ d. Remove paragraph (d).
reasons, including: timely petition to participate in this The revision reads as follows:
1. The proposed language was not sought proceeding, and it does not qualify as a § 381.4 Performance of musical
by any party before the proposed regulations participant to the proceeding.7 compositions by PBS, NPR and other public
were published for public comment. Therefore, having received no objections broadcasting entities engaged in the
2. The proposed language is not in the to the reasonableness of the proposed activities set forth in 17 U.S.C. 118(c).
current regulations. rates and terms from a participant in (a) Determination of royalty rate. The
3. The proposed regulation includes a rate this proceeding, the Copyright Royalty
for licenses that are not subject to a following rates and terms shall apply to
Judges adopt with one minor revision the performance by PBS, NPR and other
voluntary, negotiated agreement.
4. Extension, renewal, or renegotiation of
the final regulations as published on public broadcasting entities engaged in
any negotiated agreement to avoid the November 3, 2017, which set the rates activities set forth in 17 U.S.C. 118(c) of
statutory rate is within the control of ASCAP, and terms for the section 118 statutory copyrighted published nondramatic
BMI, and SESAC. license for the period 2018 through musical compositions, except for public
Notwithstanding the agreement of all 2022. broadcasting entities covered by
parties who allegedly might be affected List of Subjects in 37 CFR Part 381 §§ 381.5 and 381.6, and except for
by this late-proposed change, making compositions which are the subject of
this change would alter the proposed Copyright, Music, Radio, Television, voluntary license agreements: The
regulation without affording interested Rates. royalty shall be $1.
parties an opportunity for review and Final Regulations * * * * *
comment or objection. ■ 4. Amend § 381.5 by revising
The comment from GMR raised two For the reasons set forth in the paragraph (c) to read as follows:
concerns. GMR objects to a decrease in preamble, the Copyright Royalty Judges
the § 381.4 rate for non-participants and amend part 381 to chapter III of title 37 § 381.5 Performance of musical
requests the Judges keep the current of the Code of Federal Regulations as set compositions by public broadcasting
rates and add a one-time cost of living forth below: entities licensed to colleges and
adjustment. It also objects to leaving the universities.
§§ 381.5 and 381.6 rates for non- PART 381—USE OF CERTAIN * * * * *
participants at the current level and COPYRIGHTED WORKS IN (c) Royalty rate. A public broadcasting
requests the Judges revise it to match CONNECTION WITH entity within the scope of this section
the increase in the SESAC rate. NONCOMMERCIAL EDUCATIONAL may perform published nondramatic
GMR did not file a Petition to BROADCASTING musical compositions subject to the
Participate in the proceeding. It is following schedule of royalty rates:
allowed to comment, but the Judges ■ 1. The authority citation for part 381 (1) For all such compositions in the
need not accept its comments as an continues to read as follows: repertory of ASCAP, the royalty rates
‘‘objection’’ to be weighed. The Judges Authority: 17 U.S.C. 118, 801(b)(1) and shall be as follows:
respectfully acknowledge GMR’s 803. (i) Music fees.
Number of full-time students 2018 2019 2020 2021 2022
Level 1 ................. <1,000 ................................................ $352 $359 $366 $373 $380
Level 2 ................. 1,000–4,999 ....................................... 407 415 423 431 440
Level 3 ................. 5,000–9,999 ....................................... 557 568 579 591 603
Level 4 ................. 10,000–19,999 ................................... 722 736 751 766 781
Level 5 ................. 20,000+ .............................................. 908 926 945 964 983
They remove the preface after the heading of 381.4 those establishing the $1.00 backstop rate. None of Proceeding), the Judges gave the comments of non-
because that language (with proposed revisions) is the participants sought the limitation language they participant Major League Soccer (‘‘MLS’’) more
daltland on DSKBBV9HB2PROD with RULES
now in subparagraph (a). now urge. consideration by soliciting reply comments because
5 In the SUPPLEMENTARY INFORMATION provided in
6 The Register of Copyrights has opined that the the settlement in that proceeding excluded MLS
the Proposed Rule relating to this license, the from any royalty consideration. 82 FR 44368. In this
statutory direction does not imply or require that
Judges noted that ‘‘NPR and PBS filed proposed
the Judges must adopt proposed regulations that are proceeding, the settling parties proposed a rate for
changes . . . in § 381.4 . . . [which] conform to
analogous changes in §§ 381.5 and 381.6.’’ 82 FR at inherently contrary to law. See 78 FR 47421. non-settling entities that would cover non-
51591 (Nov. 7, 2017). See Submission of NPR and 7 In the Cable Sports Rule proceeding, docket participant GMR.
PBS (Oct. 25, 2017). The conforming changes were number 15–CRB–0010–CA–S (Sports Rule
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![Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations 2743
§ 381.7 Recording rights, rates and terms. (1) The change in the cost of living SUPPLEMENTARY INFORMATION:
* * * * * determined as provided in paragraph (a)
Background Information
(b) * * * of this section; or
(1)(i) * * * (2) One-and-a-half percent (1.5%). In the Improving Head Start for
(3) Such royalty rates shall be fixed at School Readiness Act of 2007, Congress
2018–2022 the nearest dollar. instructed the Office of Head Start to
* * * * * update its Head Start Program
(A) Feature ............................... $118.70 Performance Standards (HSPPS) by
(B) Concert feature (per Dated: December 12, 2017. regulation and ensure that any such
minute) .................................. 35.65 Suzanne M. Barnett, revisions in the standards do not result
(C) Background ........................ 59.99 Chief U.S. Copyright Royalty Judge.
(D) Theme: in the elimination of or any reduction in
(1) Single program or first se- Jesse M. Feder, the quality, scope, or types of health,
ries program ...................... 59.99 U.S. Copyright Royalty Judge. educational, parental involvement,
(2) Other series program ...... 24.36 David R. Strickler, nutritional, social, or other social
U.S. Copyright Royalty Judge. services. We published a final rule to
(ii) * * * Carla D. Hayden, complete this revision at 45 CFR chapter
XIII, subchapter B, on September 6,
2018–2022 Librarian of Congress.
2016. This final rule included a
[FR Doc. 2018–00735 Filed 1–18–18; 8:45 am]
provision at § 1302.21(c)(2)(iii) that
(A) Feature ............................... $9.81 BILLING CODE 1410–72–P would require each Head Start center-
(B) Concert feature (per
minute) .................................. 2.58
based program, by August 1, 2019, to
(C) Background ........................ 4.26 provide 1,020 annual hours of planned
(D) Theme: DEPARTMENT OF HEALTH AND class operations over the course of at
(1) Single program or first se- HUMAN SERVICES least eight months per year for at least
ries program ...................... 4.26 50 percent of its Head Start center-based
(2) Other series program ...... 1.69 Administration for Children and funded enrollment. This requirement
Families represents an increase from the existing
* * * * * minimum requirement of 3.5 hours per
(2) * * * 45 CFR Part 1302 day, 4 days per week, for 128 days per
RIN 0970–AC63 year, which is equivalent to 448 annual
2018–2022 hours. The longer 1,020 annual hour
Secretarial Determination To Lower service duration requirement was based
(i) Feature ................................. $12.85
(ii) Concert feature (per minute) 18.86 Head Start Center-Based Service on a body of research that suggests
(iii) Background ......................... 6.44 Duration Requirement individual disadvantaged children
(iv) Theme: benefit from longer exposure to
AGENCY:Office of Head Start (OHS),
(A) Single program or first enriching early learning programs than
Administration for Children and
series program .................. 6.44 what is provided by the part-day, part-
(B) Other series program ...... 2.57 Families (ACF), Department of Health year programs. Research on full-day
and Human Services (HHS). programs, instructional time, summer
* * * * * ACTION: Secretarial determination on learning loss, and attendance all
(4) * * * Head Start center-based service duration indicate longer service duration is
requirements; waiver. linked with improved child outcomes.
2018–2022 Moreover, increased service duration
With this document, the
SUMMARY:
(i) Feature .................................Secretary exercises his authority to
$.81
allows teachers more time to provide
(ii) Feature (concert) (per half waive the August 1, 2019 Head Start individualized and content-rich
hour) ......................................
1.69 center-based service duration learning that is important for positive
(iii) Background .........................
.41 requirements, effectively lowering this child outcomes. However, the research
requirement from 50 percent to 0 does not provide clarity on an exact
* * * * * threshold or combination of hours and
percent. However, the requirement that
■ 7. Amend § 381.10 as follows: days needed to achieve positive child
Early Head Start programs provide 1,380
■ a. In paragraph (a), remove ‘‘2013’’ outcomes.
annual hours of planned class We also recognize extended services
everywhere it appears and in its place operations for all center-based
add ‘‘2018’’ and remove ‘‘2012’’ and in come at a significant cost for Head Start
enrollment by August 1, 2018 remains programs. Without additional funding
its place add ‘‘2017’’; and in effect.
■ b. Revise paragraph (b). from Congress to support longer hours
DATES: This waiver is effective January of program operations, a requirement to
The revision reads as follows:
19, 2018. increase service duration so that 50
§ 381.10 Cost of living adjustment. ADDRESSES: Office of Head Start, Mary percent of Head Start center-based slots
* * * * * Switzer Bldg., 330 C Street SW, in each program operate for 1,020
(b) On the same date of the notices Washington, DC. annual hours would result in the Head
published pursuant to paragraph (a) of FOR FURTHER INFORMATION CONTACT: Start program serving significantly
this section, the Copyright Royalty Colleen Rathgeb, Division Director for fewer children. Although research
Judges shall publish in the Federal Planning, Oversight and Policy, Office points to the benefits of increased
daltland on DSKBBV9HB2PROD with RULES
Register a revised schedule of the rates Head Start, OHS_duration@acf.hhs.gov, service duration for an individual child,
for § 381.5(c)(3), the rate to be charged (202) 358–3263 (not a toll-free call). research has not answered whether the
for compositions in the repertory of Deaf and hearing impaired individuals population as a whole benefits more
SESAC, which shall adjust the royalty may call the Federal Dual Party Relay when fewer children are served for a
amounts established in a dollar amount Service at 1–800–877–8339 between 8 longer time as compared to more
according to the greater of: a.m. and 7 p.m. Eastern Standard Time. children being served for a shorter time.
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Document Created: 2018-01-19 02:42:46
Document Modified: 2018-01-19 02:42:46
| 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: This rule is effective on January 19, 2018. | |
| Contact | Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected] | |
| FR Citation | 83 FR 2739 | |
| CFR Associated | Copyright; Music; Radio; Television and Rates |
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