83 FR 62908 - Distribution of Cable and Satellite Royalty Funds
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 | 62908-62909 | |
| FR Document | 2018-26494 |
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)] [Notices] [Pages 62908-62909] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26494] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board [Docket Nos. 2012-6 CRB CD 2004-2009 (Phase II) and 2012-7 CRB SD 1999- 2009 (Phase II)] Distribution of Cable and Satellite Royalty Funds AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Final distribution determination. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges (Judges) announce the final distribution of satellite royalty funds for the year 2000. The distribution determination results from a contested motion by the Settling Devotional Claimants (SDC) requesting that the Judges order a final distribution to the SDC of 100% of the Devotional Claimants' share of the 2000 satellite royalties. DATES: Applicable date: December 5, 2018. ADDRESSES: The final distribution order is also published in eCRB at https://app.crb.gov/. Docket: For access to the docket to read submitted background documents, go to eCRB, the Copyright Royalty Board's electronic filing and case management system, at https://app.crb.gov/ and search for docket number 2012-6 CRB CD 2004-2009. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected]. SUPPLEMENTARY INFORMATION: On October 1, 2018, the Judges issued an initial determination relating to the requested distribution. The Register of Copyrights concluded her statutory review and issued no opinion. The Order is now before the Librarian of Congress for final review and publication. The essence of the initial determination follows. On November 21, 2017, the Settling Devotional Claimants (SDC) filed a motion seeking final distribution of the 2000 satellite royalty fund in the Devotional category (Motion). In the Motion, the SDC contended that there is no controversy with respect to the subject satellite royalties. The SDC argued that the direct cases filed by the SDC and Independent Producers Group (IPG) in this consolidated proceeding confirm that both parties agree to the allocation of 100% of the 2000 satellite royalties to the SDC. As a result, the SDC asked the Copyright Royalty Judges (Judges) to order a final distribution to SDC in an amount equal to the Devotional Claimants' share of the 2000 satellite royalty fund. Motion at 1-2. On December 1, 2017, IPG filed an opposition to the SDC's motion (IPG Opposition). IPG conceded that the written testimony of both IPG and the SDC conclude that ``subject to the current rulings of the Judges,'' IPG has no valid claim to satellite royalties for the year 2000. See IPG Opposition at 1. Nevertheless, IPG noted that it disputes and will appeal the Judges' claims rulings. Id. at 2. IPG continued: [I]f appellate review of the Judges' dismissal of 51 claims held by IPG-represented claimants is reversed as an excessive discovery sanction, as IPG contends, then the relative value of the previously-dismissed claims will require reconsideration for any award to IPG of 2000 satellite royalties. Under such circumstance, IPG will likely be awarded a substantial portion of the 2000 satellite royalties, and final distribution of 2000 satellite royalties will necessarily require repayment from the SDC of royalties with an attributed interest rate. Id. at 3. In light of the value IPG projected for its dismissed claims should they be reinstated, IPG maintained that distribution to SDC would be ``imprudent.'' Id. at 3-4. In their response (Response), the SDC noted that the Judges have twice rejected IPG's requests for rehearing of the order in which the Judges dismissed IPG's claims to 2000 satellite royalties. Response at 2. In the SDC's estimation, IPG has had full and fair opportunities to state its case to the Judges, and an appeal to the Court of Appeals is unlikely to succeed. Id. Moreover, the SDC noted that the Judges addressed the identical situation with respect to the 2008 satellite royalties, and the Judges ordered a final distribution of the Devotional Claimants' share to the SDC. Id., citing Order Granting Final Distribution of 2008 Satellite Royalties for the Devotional Category, Dkt. No. 2012-7 CRB SD 1999-2009 (Phase II) (Dec. 22, 2015). In response to IPG's concerns regarding the SDC's repayment of royalties should IPG prevail on appeal, the SDC noted that they have executed the royalty repayment agreement required by the Library of Congress prior to any partial distribution of royalty funds. Response at 3. The SDC added: All devotional ministries that are members of the SDC in the relevant period are bound by that obligation. How the remission might be accomplished is the responsibility of the SDC, which are among the largest religious ministries in the United States. Collectively, they would be fully capable of meeting any obligation to the Library . . . . To suggest otherwise is without foundation. Response at 3. Section 801(b)(3)(A) of the Copyright Act states that the Judges may authorize distribution of royalty fees deposited pursuant to Section 119 of the Copyright Act if they find that the distribution is not subject to controversy. 17 U.S.C. 801(b)(3)(A). In the current proceeding, the parties agree that the Judges have dismissed all claims that IPG-represented claimants had to satellite royalties for 2000 in the Devotional category. As a result, the SDC are the only claimants in the proceeding with valid claims to satellite royalties for 2000 in the Devotional category. Therefore, in the current circumstances, satellite royalties for 2000 in the Devotional category are no longer in controversy. In November 2008, the parties to this proceeding filed a motion seeking partial distribution of 98% of the satellite royalty funds deposited for royalty years 1999 through 2003. In that motion, the parties designated specific [[Page 62909]] amounts of the proposed two percent reserve to be allocated among Program Suppliers claimants, Sports claimants, and Devotional claimants. In their motion, the moving parties represented that they had reached a settlement with regard to royalty category allocation. The moving parties maintained that the allocation settlement was non- precedential and confidential. Because the moving parties maintain the confidentiality of the allocation shares, however, the Judges have no way to allocate the reserved funds among the categories with continuing controversies. By Order dated December 8, 2008, the Judges ordered distribution of 90% of the satellite royalty funds deposited for royalty years 1999 through 2003. While the Judges ordered ten percent of the royalty funds to be held in reserve, they did not allocate the reserve among the categories with remaining distribution controversies. See Order Granting in Part . . . Partial Distribution . . ., Dkt. Nos. 2008-5 CRB SD 1999-2000, 2005-2 CRB SD 2001-03 at 2-3 (Dec. 8, 2008) (Phase I Order). To direct execution of this final determination, therefore, the Judges must first know the exact dollar amount they should order disbursed to the SDC to complete the distribution. The Judges therefore Grant the Motion as to the percentage of distribution.\1\ --------------------------------------------------------------------------- \1\ This finding is based on IPG's lack of compensable claims and not on expert valuation of the relative value of SDC's and IPG's respective claims to 2000 satellite royalties. See Order Granting Final Distribution of 2008 Satellite Royalties for the Devotional Category, Docket No. 2012-7 CRB SD 1999-2009 (Phase II) (Dec. 22, 2015). --------------------------------------------------------------------------- The Judges Further Order that this final distribution determination is without prejudice to the parties' right to appeal the Judges' interlocutory ruling in this consolidated proceeding with regard to both cable and satellite claims issues. The Judges Further Order the Phase I Claimants jointly to notify the Judges and the Licensing Division no later than seven days after the date of publication of this Determination of the percentage of 2000 satellite royalty funds that was allocable to the SDC as of December 8, 2008. The Judges Further Order the Licensing Division of the Copyright Office, based upon the percentage allocable to the SDC provided by the Phase I Claimants, to calculate the dollar amount that is available to be distributed from 2000 satellite royalty funds to the SDC by taking the principal balance as of December 8, 2008, as reported jointly by the remaining categories of claimants to 2000 satellite royalty funds, adjusting that balance for a proportional deduction of administrative fees, and adding the interest accrued on the Devotional category balance from and after December 8, 2008. The Licensing Division shall provide the result of its calculation to the Judges and to the Phase I Claimants. The SDC may then request that the Judges distribute those funds to complete the final distribution. The Register of Copyrights (``Register'') has concluded her statutory review. The Librarian of Congress shall review and cause this final determination, and any correction thereto by the Register, to be published in the Federal Register. October 1, 2018. So Ordered. Suzanne M. Barnett, Chief United States Copyright Royalty Judge. David R. Strickler, United States Copyright Royalty Judge. Jesse M. Feder, United States Copyright Royalty Judge. Dated: November 7, 2018. Suzanne M. Barnett, Chief United States Copyright Royalty Judge. Approved by: Carla B. Hayden, Librarian of Congress. [FR Doc. 2018-26494 Filed 12-4-18; 8:45 am] BILLING CODE 1410-72-P
![62908 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices
Attorney General, Environment and DATES: Applicable date: December 5, In light of the value IPG projected for its
Natural Resources Division, and should 2018. dismissed claims should they be
refer to In the Matter of the Liquidation ADDRESSES: The final distribution order reinstated, IPG maintained that
of The Home Insurance Company, is also published in eCRB at https:// distribution to SDC would be
Docket No. 217–2003–EQ–00106, D.J. app.crb.gov/. Docket: For access to the ‘‘imprudent.’’ Id. at 3–4.
Ref. No. 90–11–3–08308. All comments docket to read submitted background In their response (Response), the SDC
must be submitted no later than thirty documents, go to eCRB, the Copyright noted that the Judges have twice
(30) days after the publication date of rejected IPG’s requests for rehearing of
Royalty Board’s electronic filing and
this notice. Comments may be the order in which the Judges dismissed
case management system, at https://
submitted either by email or by mail: IPG’s claims to 2000 satellite royalties.
app.crb.gov/ and search for docket
Response at 2. In the SDC’s estimation,
number 2012–6 CRB CD 2004–2009.
To submit IPG has had full and fair opportunities
Send them to: FOR FURTHER INFORMATION CONTACT:
comments: to state its case to the Judges, and an
Anita Blaine, CRB Program Specialist, appeal to the Court of Appeals is
By email ....... pubcomment-ees.enrd@ by telephone at (202) 707–7658 or email unlikely to succeed. Id.
usdoj.gov. at crb@loc.gov. Moreover, the SDC noted that the
By mail ......... Assistant Attorney General, SUPPLEMENTARY INFORMATION:
U.S. DOJ—ENRD, P.O.
Judges addressed the identical situation
On October 1, 2018, the Judges issued with respect to the 2008 satellite
Box 7611, Washington, DC
20044–7611.
an initial determination relating to the royalties, and the Judges ordered a final
requested distribution. The Register of distribution of the Devotional
During the public comment period, Copyrights concluded her statutory Claimants’ share to the SDC. Id., citing
the Settlement Agreement may be review and issued no opinion. The Order Granting Final Distribution of
examined and downloaded at this Order is now before the Librarian of 2008 Satellite Royalties for the
Justice Department website: https:// Congress for final review and Devotional Category, Dkt. No. 2012–7
www.justice.gov/enrd/consent-decrees. publication. The essence of the initial CRB SD 1999–2009 (Phase II) (Dec. 22,
We will provide a paper copy of the determination follows. 2015). In response to IPG’s concerns
On November 21, 2017, the Settling regarding the SDC’s repayment of
Settlement Agreement upon written
Devotional Claimants (SDC) filed a royalties should IPG prevail on appeal,
request and payment of reproduction
motion seeking final distribution of the the SDC noted that they have executed
costs. Please mail your request and
2000 satellite royalty fund in the the royalty repayment agreement
payment to: U.S. DOJ—ENRD, P.O. Box
Devotional category (Motion). In the required by the Library of Congress
7611, Washington, DC 20044–7611.
Motion, the SDC contended that there is prior to any partial distribution of
Please enclose a check or money order
no controversy with respect to the royalty funds. Response at 3. The SDC
for $3.50 (25 cents per page
subject satellite royalties. The SDC added:
reproduction costs) payable to the
argued that the direct cases filed by the
United State Treasury. All devotional ministries that are members
SDC and Independent Producers Group of the SDC in the relevant period are bound
Robert Maher, (IPG) in this consolidated proceeding by that obligation. How the remission might
Assistant Section Chief, Environmental confirm that both parties agree to the be accomplished is the responsibility of the
Enforcement Section, Environment and allocation of 100% of the 2000 satellite SDC, which are among the largest religious
Natural Resources Division. royalties to the SDC. As a result, the ministries in the United States. Collectively,
[FR Doc. 2018–26417 Filed 12–4–18; 8:45 am] SDC asked the Copyright Royalty Judges they would be fully capable of meeting any
obligation to the Library . . . . To suggest
BILLING CODE 4410–15–P (Judges) to order a final distribution to
otherwise is without foundation.
SDC in an amount equal to the
Devotional Claimants’ share of the 2000 Response at 3.
LIBRARY OF CONGRESS satellite royalty fund. Motion at 1–2. Section 801(b)(3)(A) of the Copyright
On December 1, 2017, IPG filed an Act states that the Judges may authorize
Copyright Royalty Board opposition to the SDC’s motion (IPG distribution of royalty fees deposited
Opposition). IPG conceded that the pursuant to Section 119 of the Copyright
[Docket Nos. 2012–6 CRB CD 2004–2009 written testimony of both IPG and the Act if they find that the distribution is
(Phase II) and 2012–7 CRB SD 1999–2009 SDC conclude that ‘‘subject to the not subject to controversy. 17 U.S.C.
(Phase II)]
current rulings of the Judges,’’ IPG has 801(b)(3)(A). In the current proceeding,
Distribution of Cable and Satellite no valid claim to satellite royalties for the parties agree that the Judges have
Royalty Funds the year 2000. See IPG Opposition at 1. dismissed all claims that IPG-
Nevertheless, IPG noted that it disputes represented claimants had to satellite
AGENCY: Copyright Royalty Board, and will appeal the Judges’ claims royalties for 2000 in the Devotional
Library of Congress. rulings. Id. at 2. IPG continued: category. As a result, the SDC are the
ACTION: Final distribution [I]f appellate review of the Judges’ only claimants in the proceeding with
determination. dismissal of 51 claims held by IPG- valid claims to satellite royalties for
represented claimants is reversed as an 2000 in the Devotional category.
SUMMARY: The Copyright Royalty Judges excessive discovery sanction, as IPG Therefore, in the current circumstances,
(Judges) announce the final distribution contends, then the relative value of the satellite royalties for 2000 in the
of satellite royalty funds for the year previously-dismissed claims will require
khammond on DSK30JT082PROD with NOTICES
Devotional category are no longer in
2000. The distribution determination reconsideration for any award to IPG of 2000 controversy.
results from a contested motion by the satellite royalties. Under such circumstance, In November 2008, the parties to this
IPG will likely be awarded a substantial
Settling Devotional Claimants (SDC) proceeding filed a motion seeking
portion of the 2000 satellite royalties, and
requesting that the Judges order a final final distribution of 2000 satellite royalties partial distribution of 98% of the
distribution to the SDC of 100% of the will necessarily require repayment from the satellite royalty funds deposited for
Devotional Claimants’ share of the 2000 SDC of royalties with an attributed interest royalty years 1999 through 2003. In that
satellite royalties. rate. Id. at 3. motion, the parties designated specific
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![Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices 62909
amounts of the proposed two percent royalty funds, adjusting that balance for FOR FURTHER INFORMATION CONTACT:
reserve to be allocated among Program a proportional deduction of Nature McGinn, ACA Permit Officer, at
Suppliers claimants, Sports claimants, administrative fees, and adding the the above address, 703–292–8030, or
and Devotional claimants. In their interest accrued on the Devotional ACApermits@nsf.gov.
motion, the moving parties represented category balance from and after
that they had reached a settlement with December 8, 2008. The Licensing SUPPLEMENTARY INFORMATION: The
regard to royalty category allocation. Division shall provide the result of its National Science Foundation, as
The moving parties maintained that the calculation to the Judges and to the directed by the Antarctic Conservation
allocation settlement was non- Phase I Claimants. The SDC may then Act of 1978 (Pub. L. 95–541, 45 CFR
precedential and confidential. Because request that the Judges distribute those 671), as amended by the Antarctic
the moving parties maintain the funds to complete the final distribution. Science, Tourism and Conservation Act
confidentiality of the allocation shares, The Register of Copyrights of 1996, has developed regulations for
however, the Judges have no way to (‘‘Register’’) has concluded her statutory the establishment of a permit system for
allocate the reserved funds among the review. The Librarian of Congress shall various activities in Antarctica and
categories with continuing review and cause this final designation of certain animals and
controversies. determination, and any correction certain geographic areas a requiring
By Order dated December 8, 2008, the thereto by the Register, to be published special protection. The regulations
Judges ordered distribution of 90% of in the Federal Register. establish such a permit system to
the satellite royalty funds deposited for October 1, 2018.
designate Antarctic Specially Protected
royalty years 1999 through 2003. While So Ordered.
Suzanne M. Barnett, Chief United Areas.
the Judges ordered ten percent of the
royalty funds to be held in reserve, they States Copyright Royalty Judge. Application Details
David R. Strickler, United States
did not allocate the reserve among the
Copyright Royalty Judge. 1. Applicant Permit Application:
categories with remaining distribution Jesse M. Feder, United States
controversies. See Order Granting in 2019–016
Copyright Royalty Judge.
Part . . . Partial Distribution . . ., Dkt. Ashley Perrin, Antarctic Ice Pilot, for
Nos. 2008–5 CRB SD 1999–2000, 2005– Dated: November 7, 2018. SY Destination, 14 Washington Ave.,
2 CRB SD 2001–03 at 2–3 (Dec. 8, 2008) Suzanne M. Barnett, San Rafael, CA 94903.
(Phase I Order). To direct execution of Chief United States Copyright Royalty Judge.
this final determination, therefore, the Activity for Which Permit Is Requested
Approved by:
Judges must first know the exact dollar Waste Management. The applicant is
Carla B. Hayden,
amount they should order disbursed to requesting a permit for waste
Librarian of Congress.
the SDC to complete the distribution. management activities associated with
The Judges therefore Grant the Motion [FR Doc. 2018–26494 Filed 12–4–18; 8:45 am]
operating the yacht, SY Destination, in
as to the percentage of distribution.1 BILLING CODE 1410–72–P
The Judges Further Order that this the Antarctic Treaty area for three weeks
final distribution determination is in January 2019. The cruise program
without prejudice to the parties’ right to NATIONAL SCIENCE FOUNDATION would consist of a one-time voyage to
appeal the Judges’ interlocutory ruling Antarctica with operations in the
in this consolidated proceeding with Notice of Permit Applications Received Southern Ocean, Antarctic Peninsula
regard to both cable and satellite claims Under the Antarctic Conservation Act region, and the South Shetland Islands.
issues. of 1978 The applicant expects there to be a total
The Judges Further Order the Phase I AGENCY: National Science Foundation. of thirteen people total aboard the vessel
Claimants jointly to notify the Judges ACTION: Notice of permit applications during the voyage. Activities would
and the Licensing Division no later than received. include sightseeing, small boat cruising,
seven days after the date of publication brief shore excursions, polar plunging,
of this Determination of the percentage SUMMARY: The National Science snorkeling/diving, and operation of a
of 2000 satellite royalty funds that was Foundation (NSF) is required to publish remotely piloted aircraft system (RPAS)
allocable to the SDC as of December 8, a notice of permit applications received as a navigational and safety aid. The
2008. to conduct activities regulated under the RPAS would consist of a small, camera-
The Judges Further Order the Antarctic Conservation Act of 1978. equipped quadcopter, operated by an
Licensing Division of the Copyright NSF has published regulations under experienced pilot, within visual line of
Office, based upon the percentage the Antarctic Conservation Act in the sight, under fair weather conditions,
allocable to the SDC provided by the Code of Federal Regulations. This is the and according to best operating
Phase I Claimants, to calculate the required notice of permit applications practices. The yacht has an onboard
dollar amount that is available to be received.
distributed from 2000 satellite royalty sewage treatment plant that meets
DATES: Interested parties are invited to MARPOL standards. All food waste and
funds to the SDC by taking the principal submit written data, comments, or
balance as of December 8, 2008, as garbage would be collected, maintained
views with respect to this permit onboard the vessel, and properly
reported jointly by the remaining application by January 4, 2019. This
categories of claimants to 2000 satellite disposed of outside the Treaty area. Best
application may be inspected by
khammond on DSK30JT082PROD with NOTICES
practices would be employed to mitigate
1 This finding is based on IPG’s lack of
interested parties at the Permit Office, the risk of accidental releases to the
compensable claims and not on expert valuation of address below. environment.
the relative value of SDC’s and IPG’s respective ADDRESSES: Comments should be
claims to 2000 satellite royalties. See Order addressed to Permit Office, Office of Location
Granting Final Distribution of 2008 Satellite
Royalties for the Devotional Category, Docket No.
Polar Programs, National Science
Foundation, 2415 Eisenhower Avenue, Southern Ocean, Antarctic Peninsula
2012–7 CRB SD 1999–2009 (Phase II) (Dec. 22,
2015). Alexandria, Virginia 22314. region, South Shetland Islands.
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Document Created: 2018-12-05 02:36:51
Document Modified: 2018-12-05 02:36:51
| 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 | Notices | |
| Action | Final distribution determination. | |
| Dates | Applicable date: December 5, 2018. | |
| Contact | Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected] | |
| FR Citation | 83 FR 62908 |
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