83_FR_61355 83 FR 61126 - Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates

83 FR 61126 - Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 83, Issue 229 (November 28, 2018)

Page Range61126-61127
FR Document2018-25907

The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2.5% 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 2017 to October 2018.

Federal Register, Volume 83 Issue 229 (Wednesday, November 28, 2018) 
[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)]
[Rules and Regulations]
[Pages 61126-61127]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25907]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 386

[Docket No. 18-CRB-0011-SA-COLA (2019)]


Cost of Living Adjustment to Satellite Carrier Compulsory License 
Royalty Rates

AGENCY: Copyright Royalty Board (CRB), Library of Congress.

ACTION: Final rule; cost of living adjustment.

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SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (COLA) of 2.5% 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 2017 to October 
2018.

DATES: 
    Effective date: January 1, 2019.
    Applicability dates: These rates are applicable to the period 
January 1, 2019, through December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Assistant, 
by telephone at (202) 707-7658 or by email at crb@loc.gov.

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

[[Page 61127]]

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).
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    \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.
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    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, 
2017, to the most recent index published before December 1, 2018, is 
2.5%.\2\ Application of the 2.5% COLA to the current rate for the 
secondary transmission of broadcast stations by satellite carriers for 
private home viewing--28 cents per subscriber per month--results in a 
rate of 29 cents per subscriber per month (rounded to the nearest 
cent). See 37 CFR 386.2(b)(1). Application of the 2.5% COLA to the 
current rate for viewing in commercial establishments--58 cents per 
subscriber per month--results in a rate of 59 cents per subscriber per 
month (rounded to the nearest cent). See 37 CFR 386.2(b)(2).
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    \2\ On November 14, 2018, the Bureau of Labor Statistics 
announced that the CPI-U increased 2.5% over the last 12 months.
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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)(x) and 
(b)(2)(x) to read as follows:


Sec.  386.2  Royalty fee for secondary transmission by satellite 
carriers.

* * * * *
    (b) * * *
    (1) * * *
    (x) 2019: 29 cents per subscriber per month.
    (2) * * *
    (x) 2019: 59 cents per subscriber per month.

Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2018-25907 Filed 11-27-18; 8:45 am]
 BILLING CODE 1410-72-P

61126 Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Rules and Regulations LIBRARY OF CONGRESS change in the cost of living as (ii) 2019: $159 per station. determined by the Consumer Price * * * * * Copyright Royalty Board Index (all consumers, all items) (‘‘CPI– U’’) ‘‘during the period from the most Suzanne M. Barnett, 37 CFR Part 381 recent index published prior to the Chief Copyright Royalty Judge. previous notice to the most recent index [FR Doc. 2018–25906 Filed 11–27–18; 8:45 am] [Docket No. 16–CRB–0002–PBR (2018– 2022) COLA (2019)] published prior to December 1, of that BILLING CODE 1410–72–P year’’ or (2) 1.5%. 37 CFR 381.10. Cost of Living Adjustment to Public The change in the cost of living as Broadcasters Compulsory License determined by the CPI–U during the LIBRARY OF CONGRESS Royalty Rate period from the most recent index Copyright Royalty Board published prior to the previous notice, AGENCY: Copyright Royalty Board, i.e., before December 1, 2017,1 to the 37 CFR Part 386 Library of Congress. most recent index published before ACTION: Final rule; cost of living December 1, 2018, is 2.5%.2 In [Docket No. 18–CRB–0011–SA–COLA adjustment. accordance with 37 CFR 381.10(b), the (2019)] Judges announce that the COLA for SUMMARY: The Copyright Royalty Judges Cost of Living Adjustment to Satellite calendar year 2019 shall be 2.5%. announce a cost of living adjustment Carrier Compulsory License Royalty Application of the 2.5% COLA to the (COLA) to the royalty rate that Rates 2018 rate for the performance of noncommercial radio stations at certain published nondramatic musical AGENCY: Copyright Royalty Board (CRB), colleges, universities, and other compositions in the repertory of Library of Congress. educational institutions that are not SESAC—$155 per station 3—results in ACTION: Final rule; cost of living affiliated with National Public Radio an adjusted rate of $159 per station. adjustment. must pay for the use in 2019 of published nondramatic musical List of Subjects in 37 CFR Part 381 SUMMARY: The Copyright Royalty Judges compositions in the SESAC repertory announce a cost of living adjustment pursuant to the statutory license under Copyright, Music, Radio, Television, Rates. (COLA) of 2.5% in the royalty rates the Copyright Act for noncommercial satellite carriers pay for a compulsory broadcasting. Because the current rates Final Regulations license under the Copyright Act. The did not become final until January 2018, COLA is based on the change in the the revised regulation includes the In consideration of the foregoing, the Judges amend part 381 of title 37 of the Consumer Price Index from October revised rate for 2018 that reflects the 2017 to October 2018. cost of living adjustment announced in Code of Federal Regulations as follows: DATES: 2017. PART 381—USE OF CERTAIN Effective date: January 1, 2019. DATES: COPYRIGHTED WORKS IN Applicability dates: These rates are Effective date: December 28, 2018. CONNECTION WITH applicable to the period January 1, 2019, Applicability dates: These rates are NONCOMMERCIAL EDUCATIONAL through December 31, 2019. applicable to the period beginning BROADCASTING FOR FURTHER INFORMATION CONTACT: January 1, 2019, and ending December Anita Blaine, CRB Program Assistant, by 31, 2019. ■ 1. The authority citation for part 381 telephone at (202) 707–7658 or by email FOR FURTHER INFORMATION CONTACT: continues to read as follows: at crb@loc.gov. Anita Blaine, CRB Program Assistant, by Authority: 17 U.S.C. 118, 801(b)(1), and SUPPLEMENTARY INFORMATION: The telephone at (202) 707–7658 or by email 803. satellite carrier compulsory license at crb@loc.gov. ■ 2. Section 381.5 is amended by establishes a statutory copyright SUPPLEMENTARY INFORMATION: Section revising paragraphs (c)(3)(i) and (ii) to licensing scheme for the distant 118 of the Copyright Act, title 17 of the read as follows: retransmission of television United States Code, creates a statutory programming by satellite carriers. 17 license for the use of published § 381.5 Performance of musical U.S.C. 119. Congress created the license nondramatic musical works and compositions by public broadcasting in 1988 and has reauthorized the license published pictorial, graphic, and entities licensed to colleges and for additional five-year periods, most universities. recently with the passage of the STELA sculptural works in connection with noncommercial broadcasting. * * * * * Reauthorization Act of 2014, Public Law On January 19, 2018, the Copyright (c) * * * 113–200. Royalty Judges (Judges) adopted final (3) * * * On August 31, 2010, the Copyright regulations governing the rates and (i) 2018: $155 per station. Royalty Judges (Judges) adopted rates terms of copyright royalty payments for the section 119 compulsory license under section 118 of the Copyright Act 1 See Cost of Living Adjustment to Satellite for the 2010–2014 term. See 75 FR for the license period 2018–2022. See 83 Carrier Compulsory License Royalty Rates, 82 FR 53198. The rates were proposed by FR 2743. Pursuant to these regulations, 55946 (Nov. 27, 2017) (previous notice of the Copyright Owners and Satellite change in cost of living). Carriers 1 and were unopposed. Id. on or before December 1 of each year, 2 On November 14, 2018, the Bureau of Labor the Judges shall publish in the Federal Statistics announced that the CPI–U increased 2.5% Section 119(c)(2) of the Copyright Act Register notice of the change in the cost over the last 12 months. provides that, effective January 1 of each of living and a revised schedule of the 3 The 2018 rate is calculated by applying a 2% rates codified at § 381.5(c)(3) relating to COLA (based on the CPI–U published in November 1 Program Suppliers and Joint Sports Claimants 2017) to the rate for 2017 ($152). See https:// comprised the Copyright Owners while DIRECTV, compositions in the repertory of SESAC. www.bls.gov/news.release/archives/cpi_ Inc., DISH Network, LLC, and National The adjustment, fixed to the nearest 11152017.htm (last accessed on November 14, Programming Service, LLC, comprised the Satellite dollar, shall be the greater of (1) the 2018). Carriers. VerDate Sep<11>2014 15:57 Nov 27, 2018 Jkt 247001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\28NOR1.SGM 28NOR1

Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Rules and Regulations 61127 year, the Judges shall adjust the royalty (x) 2019: 59 cents per subscriber per and Environmental Impacts Division, fee payable under Section 119(b)(1)(B) month. Mail Code C539–07, Environmental ‘‘to reflect any changes occurring in the Protection Agency, Research Triangle Suzanne M. Barnett, cost of living as determined by the most Park, NC 27711; telephone: (919) 541– recent Consumer Price Index (for all Chief Copyright Royalty Judge. 4359; fax number: (919) 541–5315; consumers and for all items) [CPI–U] [FR Doc. 2018–25907 Filed 11–27–18; 8:45 am] email address: benromdhane.souad@ published by the Secretary of Labor BILLING CODE 1410–72–P epa.gov. before December 1 of the preceding SUPPLEMENTARY INFORMATION: year.’’ Section 119 also requires that ‘‘[n]otification of the adjusted fees shall ENVIRONMENTAL PROTECTION Table of Contents be published in the Federal Register at AGENCY I. Does this action apply to me? least 25 days before January 1.’’ 17 II. Background U.S.C. 119(c)(2). 40 CFR Part 51 A. The EPA’s VOC Exemption Policy [EPA–HQ–OAR–2017–0175; FRL–9987–02– B. Petition To List HFO–1336mzz–Z as an The change in the cost of living as OAR] Exempt Compound determined by the CPI–U during the III. The EPA’s Assessment of the Petition period from the most recent index RIN 2060–AT52 A. Contribution to Tropospheric Ozone published before December 1, 2017, to Formation the most recent index published before Air Quality: Revision to the Regulatory B. Potential Impacts on Other December 1, 2018, is 2.5%.2 Application Definition of Volatile Organic Environmental Endpoints of the 2.5% COLA to the current rate for Compounds—Exclusion of cis- 1. Contribution to Stratospheric Ozone the secondary transmission of broadcast 1,1,1,4,4,4-hexafluorobut-2-ene (HFO– Depletion stations by satellite carriers for private 1336mzz–Z) 2. The Significant New Alternatives Policy (SNAP) Program Acceptability Findings home viewing—28 cents per subscriber AGENCY: Environmental Protection 3. Toxicity per month—results in a rate of 29 cents 4. Contribution to Climate Change Agency (EPA). per subscriber per month (rounded to C. Response to Comments and Conclusion the nearest cent). See 37 CFR ACTION: Final rule. IV. Final Action 386.2(b)(1). Application of the 2.5% SUMMARY: On May 1, 2018, the U.S. V. Statutory and Executive Order Reviews COLA to the current rate for viewing in Environmental Protection Agency (EPA) A. Executive Order 12866: Regulatory commercial establishments—58 cents Planning and Review and Executive published a proposed rule seeking Order 13563: Improving Regulation and per subscriber per month—results in a comments in response to a petition rate of 59 cents per subscriber per Regulatory Review requesting the revision of the EPA’s B. Executive Order 13771: Reducing month (rounded to the nearest cent). See regulatory definition of volatile organic Regulations and Controlling Regulatory 37 CFR 386.2(b)(2). compounds (VOC) to exempt cis- Costs List of Subjects in 37 CFR Part 386 1,1,1,4,4,4-hexafluorobut-2-ene (also C. Paperwork Reduction Act (PRA) known as HFO–1336mzz–Z; CAS D. Regulatory Flexibility Act (RFA) Copyright, Satellite, Television. number 692–49–9). The EPA is now E. Unfunded Mandates Reform Act (UMRA) Final Regulations taking final action to revise the F. Executive Order 13132: Federalism regulatory definition of VOC under the G. Executive Order 13175: Consultation In consideration of the foregoing, the Clean Air Act (CAA). This final action and Coordination With Indian Tribal Judges amend part 386 of title 37 of the adds HFO–1336mzz–Z to the list of Governments Code of Federal Regulations as follows: compounds excluded from the H. Executive Order 13045: Protection of regulatory definition of VOC on the Children From Environmental Health PART 386—ADJUSTMENT OF basis that this compound makes a and Safety Risks ROYALTY FEES FOR SECONDARY negligible contribution to tropospheric I. Executive Order 13211: Actions TRANSMISSIONS BY SATELLITE ozone (O3) formation. Concerning Regulations That CARRIERS Significantly Affect Energy Supply, DATES: This final rule is effective on Distribution or Use January 28, 2019. J. National Technology Transfer and ■ 1. The authority citation for part 386 ADDRESSES: The EPA has established a Advancement Act (NTTAA) continues to read as follows: docket for this action under Docket ID K. Executive Order 12898: Federal Actions Authority: 17 U.S.C. 119(c), 801(b)(1). No. EPA–HQ–OAR–2017–0175. All To Address Environmental Justice in documents in the docket are listed on Minority Populations and Low-Income ■ 2. Section 386.2 is amended by adding Populations the https://www.regulations.gov paragraphs (b)(1)(x) and (b)(2)(x) to read L. Congressional Review Act (CRA) website. Although listed in the index, M. Judicial Review as follows: some information is not publicly § 386.2 Royalty fee for secondary available, e.g., Confidential Business I. Does this action apply to me? transmission by satellite carriers. Information or other information whose Entities potentially affected by this * * * * * disclosure is restricted by statute. final rule include, but are not Certain other material, such as necessarily limited to, the following: (b) * * * copyrighted materials, is not placed on State and local air pollution control (1) * * * the internet and will be publicly agencies that adopt and implement (x) 2019: 29 cents per subscriber per available only in hard copy form. regulations to control air emissions of month. Publicly available docket materials are VOC; and industries manufacturing available electronically through https:// and/or using HFO–1336mzz–Z for use (2) * * * www.regulations.gov. in polyurethane rigid insulating foams, 2 On November 14, 2018, the Bureau of Labor FOR FURTHER INFORMATION CONTACT: Dr. refrigeration, and air conditioning. Statistics announced that the CPI–U increased 2.5% Souad Benromdhane, Office of Air Potential entities that may be affected by over the last 12 months. Quality Planning and Standards, Health this action include: VerDate Sep<11>2014 15:57 Nov 27, 2018 Jkt 247001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\28NOR1.SGM 28NOR1


Document Created: 2018-11-27 23:48:26
Document Modified: 2018-11-27 23:48:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; cost of living adjustment.
DatesEffective date: January 1, 2019.
ContactAnita Blaine, CRB Program Assistant, by telephone at (202) 707-7658 or by email at [email protected]
FR Citation83 FR 61126 
CFR AssociatedCopyright; Satellite and Television
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