83 FR 62714 - Adjustment of Cable Statutory License Royalty Rates
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 83, Issue 234 (December 6, 2018)
Copyright Royalty Board
Federal Register Volume 83, Issue 234 (December 6, 2018)
| Page Range | 62714-62716 | |
| FR Document | 2018-26275 |
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)] [Rules and Regulations] [Pages 62714-62716] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26275] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 387 [Docket No. 15-CRB-0010-CA-S] Adjustment of Cable Statutory License Royalty Rates AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges (Judges) publish a final rule requiring affected cable systems to pay a separate per-telecast royalty (a Sports Surcharge) in addition to the other royalties that those cable systems must pay under Section 111 of the Copyright Act. DATES: Effective date: December 6, 2018. Applicability date: January 1, 2019. ADDRESSES: Docket: For access to the docket to read submitted background documents or comments, go to eCRB, the Copyright Royalty Board's electronic filing and case management system, at https://app.crb.gov/ and search for docket number 15-CRB-0010-CA-S. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected]. SUPPLEMENTARY INFORMATION: On July 30, 2018, the Copyright Royalty Judges [[Page 62715]] (Judges) published a modified proposed rule that establishes affected cable operators' obligation to pay a Sports Surcharge royalty. 83 FR 36509. The Judges solicited general comments for or against the proposal and specific comments on the following questions: Could the proposed provision in section 387.2 (e)(9) (``Nothing herein shall preclude any copyright owner of a live television broadcast, the secondary transmission of which would have been subject to deletion under the FCC Sports Blackout Rule, from receiving a share of royalties paid pursuant to this paragraph.'') apply to the secondary transmissions of the live television broadcasts of any entity other than a current member of the Joint Sports Claimants (JSC)? \1\ If the answer is yes, which entities' transmissions would qualify for a share? If the answer is no (i.e., only JSC members could qualify), then is the current proposal nevertheless consistent with the section 111 license? If so, why? Id. at 36511. --------------------------------------------------------------------------- \1\ The Joint Sports Claimants are the Office of the Commissioner of Baseball, the National Football League, the National Basketball Association, the Women's National Basketball Association, the National Hockey League, and the National Collegiate Athletic Association. --------------------------------------------------------------------------- The Judges received joint comments from the JSC, NCTA-The Internet & Television Association, and American Cable Association stating support for the modified proposed rule as consistent with the section 111 license, answering the question in the affirmative, and specifying that ``non-JSC members (e.g., MLS)'' \2\ might qualify for a share of the royalties. Joint Comments of the Moving Parties at 5. The Judges received no other comments. --------------------------------------------------------------------------- \2\ Major League Soccer. --------------------------------------------------------------------------- The joint commenters point out that the focus of the proposed rule is to specify the circumstances in which cable systems will owe and make Sports Surcharge royalty payments, i.e., a ``pay-in'' methodology. Id. at 4. The modified proposed language applies to Surcharge payments for events of JSC members and other entities, if any, who sought protection under the Sports Blackout Rule in the two years prior to its repeal. The joint commenters are not aware of any other protected entities, but they proposed removing the reference to the JSC in the rule to address the Judges' concern that the language in the rule as originally proposed appeared limiting and exclusionary. Although JSC members may be the only entities that invoked the protection, even entities who did not invoke the protection may be entitled to receive a share of the Surcharge funds in the future. Id. at 5-6. The modified proposed rule also eliminates the reference to ``eligible'' sports events as it only included by definition JSC-member events. Id. at 3-4. The joint commenters believe the original proposed rule did not implicate any of the concerns the Judges expressed because distribution of shares is not a subject of this rule. Distribution of royalty fees will be determined by the Judges or by agreement of interested parties. The modified proposed rule nonetheless states expressly that copyright owners are not precluded from sharing in future payments for the regulated secondary transmissions. Id. at 4, 6. The removal of the references to JSC-member events in the proposed rule and the addition of the section clarifying that no entity will be precluded from receiving shares based on this rule allay the concerns of the Judges. List of Subjects in 37 CFR Part 387 Copyright, Cable television, Royalties. For the reasons set forth in the preamble, and under the authority of chapter 8, title 17, United States Code, the Copyright Royalty Judges amend 37 CFR chapter III as follows: PART 387--ADJUSTMENT OF ROYALTY FEE FOR CABLE COMPULSORY LICENSE 0 1. The authority citation for part 387 continues to read as follows: Authority: 17 U.S.C. 801(b)(2), 803(b)(6). 0 2. Amend Sec. 387.2 by redesignating paragraph (e) as paragraph (f) and adding a new paragraph (e) to read as follows: Sec. 387.2 Royalty fee for compulsory license for secondary transmission by cable systems. * * * * * (e) Sports programming surcharge. Commencing with the first semiannual accounting period of 2019 and for each semiannual accounting period thereafter, in the case of an affected cable system filing Form SA3 as referenced in 37 CFR 201.17(d)(2)(ii) (2014), the royalty rate shall be, in addition to the amounts specified in paragraphs (a), (c), and (d) of this section, a surcharge of 0.025 percent of the affected cable system's gross receipts for the secondary transmission to subscribers of each live television broadcast of a sports event where the secondary transmission of that broadcast would have been subject to deletion under the FCC Sports Blackout Rule. For purposes of this paragraph: (1) The term ``cable system'' shall have the same meaning as in 17 U.S.C. 111(f)(3); (2) An ``affected cable system''-- (i) Is a ``community unit,'' as the comparable term is defined or interpreted in accordance with Sec. 76.5(dd) of the rules and regulations of the Federal Communications Commission, in effect as of November 23, 2014, 47 CFR 76.5(dd) (2014); (ii) That is located in whole or in part within the 35-mile specified zone of a television broadcast station licensed to a community in which a sports event is taking place, provided that if there is no television broadcast station licensed to the community in which a sports event is taking place, the applicable specified zone shall be that of the television broadcast station licensed to the community with which the sports event or team is identified, or, if the event or local team is not identified with any particular community, the nearest community to which a television station is licensed; and (iii) Whose royalty fee is specified by 17 U.S.C. 111(d)(1)(B); (3) A ``television broadcast'' of a sports event must qualify as a ``non-network television program'' within the meaning of 17 U.S.C. 111(d)(3)(A); (4) The term ``specified zone'' shall be defined as the comparable term is defined or interpreted in accordance with Sec. 76.5(e) of the rules and regulations of the Federal Communications Commission in effect as of November 23, 2014, 47 CFR 76.5(e) (2014); (5) The term ``gross receipts'' shall have the same meaning as in 17 U.S.C. 111(d)(1)(B) and shall include all gross receipts of the affected cable system during the semiannual accounting period except those from the affected cable system's subscribers who reside in: (i) The local service area of the primary transmitter, as defined in 17 U.S.C. 111(f)(4); (ii) Any community where the cable system has fewer than 1000 subscribers; (iii) Any community located wholly outside the specified zone referenced in paragraph (e)(4) of this section; and (iv) Any community where the primary transmitter was lawfully carried prior to March 31, 1972; (6) The term ``FCC Sports Blackout Rule'' refers to Sec. 76.111 of the rules and regulations of the Federal Communications Commission in effect as of November 23, 2014, 47 CFR 76.111 (2014); (7) Subject to paragraph (e)(8) of this section, the surcharge will apply to the secondary transmission of a primary [[Page 62716]] transmission of a live television broadcast of a sports event only where the holder of the broadcast rights to the sports event or its agent has provided the affected cable system-- (i) Advance written notice regarding the secondary transmission as required by Sec. 76.111(b) and (c) of the FCC Sports Blackout Rule; and (ii) Documentary evidence that the specific team on whose behalf the notice is given had invoked the protection afforded by the FCC Sports Blackout Rule during the period from January 1, 2012, through November 23, 2014; (8) In the case of collegiate sports events, the number of events involving a specific team as to which an affected cable system must pay the surcharge will be no greater than the largest number of events as to which the FCC Sports Blackout Rule was invoked in a particular geographic area by that team during any one of the accounting periods occurring between January 1, 2012, and November 23, 2014; (9) Nothing herein shall preclude any copyright owner of a live television broadcast, the secondary transmission of which would have been subject to deletion under the FCC Sports Blackout Rule, from receiving a share of royalties paid pursuant to this paragraph (e). * * * * * Dated: October 1, 2018. David R. Strickler, Copyright Royalty Judge. Jesse M. Feder, Copyright Royalty Judge. Suzanne M. Barnett, Chief Copyright Royalty Judge. Approved by: Carla D. Hayden, Librarian of Congress. [FR Doc. 2018-26275 Filed 12-4-18; 8:45 am] BILLING CODE 1410-72-P
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orthopaedic articles; suture materials; transport and storage of materials in 40. Treatment of materials.
therapeutic and assistive devices bulk; padding, cushioning and stuffing 41. Education; providing of training;
adapted for the disabled; massage materials, except of paper, cardboard, entertainment; sporting and cultural
apparatus; apparatus, devices and rubber or plastics; raw fibrous textile activities.
articles for nursing infants; sexual materials and substitutes therefor. 42. Scientific and technological
activity apparatus, devices and articles. 23. Yarns and threads for textile use. services and research and design
11. Apparatus and installations for 24. Textiles and substitutes for relating thereto; industrial analysis and
lighting, heating, cooling, steam textiles; household linen; curtains of industrial research services; design and
generating, cooking, drying, ventilating, textile or plastic. development of computer hardware and
water supply and sanitary purposes. 25. Clothing, footwear, headwear. software.
12. Vehicles; apparatus for 26. Lace, braid and embroidery, and 43. Services for providing food and
locomotion by land, air or water. haberdashery ribbons and bows; drink; temporary accommodation.
13. Firearms; ammunition and buttons, hooks and eyes, pins and 44. Medical services; veterinary
projectiles; explosives; fireworks. needles; artificial flowers; hair services; hygienic and beauty care for
14. Precious metals and their alloys; decorations; false hair. human beings or animals; agriculture,
jewellery, precious and semi-precious 27. Carpets, rugs, mats and matting,
horticulture and forestry services.
stones; horological and chronometric linoleum and other materials for
45. Legal services; security services
instruments. covering existing floors; wall hangings,
for the physical protection of tangible
15. Musical instruments; music stands not of textile.
28. Games, toys and playthings; video property and individuals; personal and
and stands for musical instruments; social services rendered by others to
conductors’ batons. game apparatus; gymnastic and sporting
articles; decorations for Christmas trees. meet the needs of individuals.
16. Paper and cardboard; printed
matter; bookbinding material; 29. Meat, fish, poultry and game; meat Dated: November 28, 2018.
photographs; stationery and office extracts; preserved, frozen, dried and Andrei Iancu,
requisites, except furniture; adhesives cooked fruits and vegetables; jellies, Under Secretary of Commerce for Intellectual
for stationery or household purposes; jams, compotes; eggs; milk, cheese, Property and Director of the United States
drawing materials and materials for butter, yoghurt and other milk products; Patent and Trademark Office.
artists; paintbrushes; instructional and oils and fats for food. [FR Doc. 2018–26373 Filed 12–4–18; 8:45 am]
teaching materials; plastic sheets, films 30. Coffee, tea, cocoa and artificial BILLING CODE 3510–16–P
and bags for wrapping and packaging; coffee; rice, pasta and noodles; tapioca
printers’ type, printing blocks. and sago; flour and preparations made
17. Unprocessed and semi-processed from cereals; bread, pastries and
confectionery; chocolate; ice cream, LIBRARY OF CONGRESS
rubber, gutta-percha, gum, asbestos,
mica and substitutes for all these sorbets and other edible ices; sugar, Copyright Royalty Board
materials; plastics and resins in honey, treacle; yeast, baking-powder;
extruded form for use in manufacture; salt, seasonings, spices, preserved herbs; 37 CFR Part 387
packing, stopping and insulating vinegar, sauces and other condiments;
materials; flexible pipes, tubes and ice (frozen water). [Docket No. 15–CRB–0010–CA–S]
31. Raw and unprocessed agricultural,
hoses, not of metal. Adjustment of Cable Statutory License
aquacultural, horticultural and forestry
18. Leather and imitations of leather; Royalty Rates
products; raw and unprocessed grains
animal skins and hides; luggage and
and seeds; fresh fruits and vegetables,
carrying bags; umbrellas and parasols; AGENCY: Copyright Royalty Board,
fresh herbs; natural plants and flowers;
walking sticks; whips, harness and Library of Congress.
bulbs, seedlings and seeds for planting;
saddlery; collars, leashes and clothing ACTION: Final rule.
live animals; foodstuffs and beverages
for animals.
19. Materials, not of metal, for for animals; malt.
SUMMARY: The Copyright Royalty Judges
32. Beers; non-alcoholic beverages;
building and construction; rigid pipes, (Judges) publish a final rule requiring
mineral and aerated waters; fruit
not of metal, for building; asphalt, pitch, affected cable systems to pay a separate
beverages and fruit juices; syrups and
tar and bitumen; transportable per-telecast royalty (a Sports Surcharge)
other non-alcoholic preparations for
buildings, not of metal; monuments, not in addition to the other royalties that
making beverages.
of metal. 33. Alcoholic beverages, except beers; those cable systems must pay under
20. Furniture, mirrors, picture frames; Section 111 of the Copyright Act.
alcoholic preparations for making
containers, not of metal, for storage or DATES:
beverages.
transport; unworked or semi-worked 34. Tobacco and tobacco substitutes; Effective date: December 6, 2018.
bone, horn, whalebone or mother-of- cigarettes and cigars; electronic Applicability date: January 1, 2019.
pearl; shells; meerschaum; yellow cigarettes and oral vaporizers for ADDRESSES: Docket: For access to the
amber. smokers; smokers’ articles; matches. docket to read submitted background
21. Household or kitchen utensils and
Services documents or comments, go to eCRB,
containers; cookware and tableware,
the Copyright Royalty Board’s electronic
except forks, knives and spoons; combs 35. Advertising; business filing and case management system, at
and sponges; brushes, except management; business administration; https://app.crb.gov/ and search for
paintbrushes; brush-making materials; office functions. docket number 15–CRB–0010–CA–S.
khammond on DSK30JT082PROD with RULES
articles for cleaning purposes; 36. Insurance; financial affairs;
unworked or semi-worked glass, except FOR FURTHER INFORMATION CONTACT:
monetary affairs; real estate affairs.
building glass; glassware, porcelain and 37. Building construction; repair; Anita Blaine, CRB Program Specialist,
earthenware. installation services. by telephone at (202) 707–7658 or email
22. Ropes and string; nets; tents and 38. Telecommunications. at crb@loc.gov.
tarpaulins; awnings of textile or 39. Transport; packaging and storage SUPPLEMENTARY INFORMATION: On July
synthetic materials; sails; sacks for the of goods; travel arrangement. 30, 2018, the Copyright Royalty Judges
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![62716 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations
transmission of a live television 63, the eDiscovery Enterprise Tool we view this as a noncontroversial
broadcast of a sports event only where Suite, from certain requirements of the action and anticipate no adverse
the holder of the broadcast rights to the Privacy Act because records in EPA’s comment. However, in the ‘‘Proposed
sports event or its agent has provided eDiscovery Enterprise Tool Suite are Rules’’ section of the Federal Register,
the affected cable system— maintained for use in civil and criminal we are publishing a separate document
(i) Advance written notice regarding actions. A notice has been published in that will serve as the proposed rule to
the secondary transmission as required the Federal Register on July 27, 2018 for exempt a new system of records, EPA–
by § 76.111(b) and (c) of the FCC Sports the creation of this new system of 63, the eDiscovery Enterprise Tool
Blackout Rule; and records that will contain information Suite, from certain requirements of the
(ii) Documentary evidence that the collected using the Agency’s suite of Privacy Act if adverse comments are
specific team on whose behalf the notice tools that search and preserve received on this direct final rule. We
is given had invoked the protection electronically stored information (ESI) will not institute a second comment
afforded by the FCC Sports Blackout in support of the Agency’s eDiscovery period on this action. Any parties
Rule during the period from January 1, (electronic discovery) and Freedom of interested in commenting must do so at
2012, through November 23, 2014; Information Act processes. this time. For further information about
(8) In the case of collegiate sports DATES: This rule is effective on March 6, commenting on this rule, see the
events, the number of events involving 2019 without further notice, unless EPA ADDRESSES section of this document.
a specific team as to which an affected receives adverse comment by January 7, If EPA receives adverse comment, we
cable system must pay the surcharge 2019. If EPA receives adverse comment, will publish a timely withdrawal in the
will be no greater than the largest we will publish a timely withdrawal in Federal Register informing the public
number of events as to which the FCC the Federal Register informing the that this direct final rule will not take
Sports Blackout Rule was invoked in a public that the direct final rule will not effect. We would address all public
particular geographic area by that team take effect. comments in any subsequent final rule
during any one of the accounting based on the proposed rule.
ADDRESSES: Submit your comments,
periods occurring between January 1, identified by Docket ID No. EPA–HQ– II. General Information
2012, and November 23, 2014; OEI–2014–0849, at https://
(9) Nothing herein shall preclude any The EPA published a Privacy Act
www.regulations.gov/. Follow the online system of records notice for information
copyright owner of a live television instructions for submitting comments.
broadcast, the secondary transmission of collected using the eDiscovery
Once submitted, comments cannot be Enterprise Tool Suite. Depending on the
which would have been subject to edited or removed from Regulations.gov.
deletion under the FCC Sports Blackout specific need, the Agency will use a
The EPA may publish any comment combination of several electronic tools
Rule, from receiving a share of royalties received to its public docket. Do not that together assist with the
paid pursuant to this paragraph (e). submit electronically any information preservation, search, processing, review
* * * * * you consider to be Confidential and production of electronically stored
Dated: October 1, 2018. Business Information (CBI) or other information (ESI). The tool suite will be
David R. Strickler, information whose disclosure is used to preserve, search, collect, sort
Copyright Royalty Judge.
restricted by statute. Multimedia and review ESI including email
submissions (audio, video, etc.) must be messages, word processing documents,
Jesse M. Feder,
accompanied by a written comment. media files, spreadsheets, presentations,
Copyright Royalty Judge. The written comment is considered the scanned documents and data sets in
Suzanne M. Barnett, official comment and should include support of legal discovery. The Agency
Chief Copyright Royalty Judge. discussion of all points you wish to will also use these tools to search for
Approved by: make. The EPA will generally not ESI that is responsive to requests for
Carla D. Hayden, consider comments or comment information submitted under the
Librarian of Congress. contents located outside of the primary Freedom of Information Act (FOIA), or
[FR Doc. 2018–26275 Filed 12–4–18; 8:45 am]
submission (i.e. on the web, cloud, or other formal information requests.
other file sharing system). For The records in EPA’s eDiscovery
BILLING CODE 1410–72–P
additional submission methods, the full Enterprise Tool Suite are maintained for
EPA public comment policy, use in civil and criminal actions. The
information about CBI or multimedia Agency’s system of records, EPA–63, is
ENVIRONMENTAL PROTECTION submissions, and general guidance on maintained by the Office of
AGENCY making effective comments, please visit Environmental Information, Office of
40 CFR Part 16 https://www.epa.gov/dockets/ Enterprise Information Programs,
commenting-epa-dockets. eDiscovery Division, on behalf of
[EPA–HQ–OEI–2014–0849; FRL–9941–44– FOR FURTHER INFORMATION CONTACT: Agency offices that will require use of
OEI] Brian K. Thompson, Acting Director, the eDiscovery tool suite for both civil
eDiscovery Division, Office of and criminal actions. When information
Revision of the Agency’s Privacy Act
Enterprise Information Programs, U.S. is maintained for the purpose of civil
Regulations for EPA–63
Environmental Protection Agency, Mail actions, the relevant provision of the
AGENCY: Environmental Protection Code 2822T, 1200 Pennsylvania Avenue Privacy Act is 5 U.S.C. 552a(d)(5) which
Agency (EPA). NW, Washington, DC 20460; email: states ‘‘nothing in this [Act] shall allow
khammond on DSK30JT082PROD with RULES
ACTION: Direct final rule. thompson.briank@epa.gov; telephone an individual access to any information
number: 202–564–4256. compiled in reasonable anticipation of a
SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: civil action or proceeding.’’ 5 U.S.C.
Agency (EPA) is taking direct final 552a(d)(5).
action on revisions to the Agency’s I. Why is EPA using a direct final rule? The system is also maintained for
Privacy Act regulations in order to The EPA is publishing this rule support of criminal enforcement activity
exempt a new system of records, EPA– without a prior proposed rule because by the EPA. In those cases, the system
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Document Created: 2018-12-05 02:36:39
Document Modified: 2018-12-05 02:36:39
| 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: December 6, 2018. | |
| Contact | Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected] | |
| FR Citation | 83 FR 62714 | |
| CFR Associated | Copyright; Cable Television and Royalties |
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