Distribution of 2010-13 Satellite Royalty Funds, 7879-7880 [2017-01357]

Download as PDF Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices entitled to receive them. See 37 CFR 382.2, 384.4(b). As the designated Collective, SoundExchange may, once during a calendar year, conduct an audit of a licensee for any or all of the prior three years in order to verify royalty payments. SoundExchange must first file with the Judges a notice of intent to audit a licensee and deliver the notice to the licensee. See 37 CFR 382.6, 384.6. On December 22, 2016, SoundExchange filed with the Judges a notice of intent to audit Music Choice’s Preexisting Subscription Service and Business Establishment Service for the years 2013, 2014, and 2015. The Judges must publish notice in the Federal Register within 30 days of receipt of a notice announcing the Collective’s intent to conduct an audit. See 37 CFR 382.6(c), 384.6(c). Today’s notice fulfills this requirement with respect to SoundExchange’s December 22, 2016, notice of intent to audit. Dated: January 13, 2017. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2017–01318 Filed 1–19–17; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board [Consolidated Docket No. 14–CRB–0011–SD (2010–13)] Distribution of 2010–13 Satellite Royalty Funds Copyright Royalty Board, Library of Congress. ACTION: Notice requesting comments. AGENCY: The Copyright Royalty Judges announce settlement of controversies and a request for partial distribution of satellite television retransmission royalties claimed by Music Claimants. Music Claimants include Broadcast Music, Inc. (BMI) and the American Society of Composers, Authors, and Publishers (ASCAP), as well as SESAC, Inc. DATES: Comments are due on or before February 22, 2017. ADDRESSES: Submit electronic comments via email to crb@loc.gov. Those who choose not to submit comments electronically should see ‘‘How to Submit Comments’’ in the Supplementary Information section below for physical addresses and further instructions. This notice and request is also posted on the agency’s Web site (www.loc.gov/crb) and on Regulations.gov (www.regulations.gov). mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:02 Jan 19, 2017 Jkt 241001 FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, Attorney-Advisor, by telephone at (202) 707–7658 or email at crb@loc.gov. SUPPLEMENTARY INFORMATION: Each year satellite systems must submit royalty payments to the Register of Copyrights as required by the statutory license set forth in section 119 of the Copyright Act for the retransmission to satellite subscribers of over-the-air television and radio broadcast signals. See 17 U.S.C. 119(b). The Copyright Royalty Judges (Judges) oversee distribution of royalties to copyright owners whose works were included in a qualifying retransmission and who filed a timely claim for royalties. Allocation of the royalties collected occurs in one of two ways. In the first instance, the Judges may authorize distribution in accordance with a negotiated settlement among all claiming parties. 17 U.S.C. 111(d)(4)(A). If all claimants do not reach agreement with respect to the royalties, the Judges must conduct a proceeding to determine the distribution of any royalties that remain in controversy. 17 U.S.C. 111(d)(4)(B). Alternatively, the Judges may, on motion of claimants and on notice to all interested parties, authorize a partial distribution of royalties, reserving on deposit sufficient funds to resolve identified disputes. 17 U.S.C. 111(d)(4)(C), 801(b)(3)(C). On December 15, 2016, the Judges received a motion (Joint Motion) seeking distribution by stipulation to the Music Claimants from the satellite royalty funds deposited for royalty years 2010 through 2013, inclusive (the Funds). All participants 1 in this consolidated proceeding (Moving Parties) endorsed the Joint Motion. In the Joint Motion, the Moving Parties notified the Judges that they stipulate and agree that Music Claimants shall receive a share of each of the 2010–13 Funds as follows (the Music Claimants’ Share): Year 2010 2011 2012 2013 Percentage .......................... .......................... .......................... .......................... 3.50 3.50 3.50 3.50 The Moving Parties stipulate that the value of the Music Claimants’ Share is as listed above, minus the dollar value of partial distributions of the 2010–13 1 Participants are: Motion Picture Association of America, Joint Sports Claimants, National Association of Broadcasters and the Commercial Television Claimants, Music Claimants, Canadian Claimants Group, Settling Devotional Claimants, National Public Radio, Public Broadcasting Service and the Public Television Claimants, and Multigroup Claimants. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 7879 Funds that Music Claimants have received to date.2 The Moving Parties represent that there are no outstanding inter- or intracategory controversies regarding the claims in the Music Claimant category. The Parties further stipulate and agree that these sums shall not be subject to repayment once distributed, that Music Claimants need not participate further in royalty distribution proceedings related to the 2010–13 Funds, and that no additional sums shall be distributed to Music Claimants in the future with respect to the 2010–13 Funds, provided that Music Claimants shall be entitled to receive the Music Claimants’ Share of any additional royalties deposited into any of the 2010–13 Funds due to any audit of any cable system operator’s Statement of Account pursuant to 37 CFR 201.16 that Music Claimants joined as participating copyright owners. The Moving Parties’ further stipulate that the terms described in the Joint Motion represent a compromise and settlement and apply to the 2010, 2011, 2012, and 2013 Cable Royalty Distribution Proceedings only; no party accepts the requested allocation as precedent and no party admits to any principle underlying the Music Claimants’ Share. The Moving Parties therefore request that the Judges order a partial distribution of royalties to Music Claimants in the agreed amounts pursuant to section 801(b)(3)(C) of the Copyright Act.3 17 U.S.C. 801(b)(3)(C). That section requires that, before ruling on the motion, the Judges publish a notice in the Federal Register seeking responses to the motion for partial distribution to ascertain whether any claimant entitled to receive the subject royalties has a reasonable objection to the requested distribution. Accordingly, this Notice seeks comments from interested claimants on whether any reasonable objection exists that would preclude the distributions to Music 2 The amounts Music Claimants have received in partial distribution from each year’s portion of the 2010–13 Funds were calculated pursuant to confidential settlement agreements among the parties and were received from monies distributed by the Office of the Commissioner of Baseball as Common Agent for the parties. The amount of these partial distributions constitutes Restricted information pursuant to the Protective Order in this proceeding; the amounts are redacted from the public version of the Joint Motion and are disclosed only to the parties in accordance with the terms of the settlement agreements. 3 The requested distributions represent partial distributions of the 2010–13 Funds, but constitute final distributions to the Music Claimants, except that Music claimants may share in the same proportion in the event a future audit results in additional deposits into any fund at issue in this proceeding. E:\FR\FM\23JAN1.SGM 23JAN1 7880 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices Claimants described in this Notice. Parties making objection to the partial distribution must advise the Judges of the existence and details of all objections by the end of the comment period. The Judges will not consider any objections with respect to the partial distribution motion that come to their attention after the close of the comment period. The Judges have caused the joint motion (redacted public version) to be posted on the Copyright Royalty Board Web site at https://www.loc.gov/crb. How To Submit Comments Interested members of the public must submit comments to only one of the following addresses. If not commenting by email or online, commenters must submit an original of their comments, five paper copies, and an electronic version on a CD. Email: crb@loc.gov; or Online: www.regulations.gov; or U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024– 0977; or Overnight service (only USPS Express Mail is acceptable): Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024–0977; or Commercial courier: Address package to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM–403, 101 Independence Avenue SE., Washington, DC 20559– 6000. Deliver to: Congressional Courier Acceptance Site, 2nd Street NE and D Street NE., Washington, DC; or Hand delivery: Library of Congress, James Madison Memorial Building, LM– 401, 101 Independence Avenue SE., Washington, DC 20559–6000. Dated: January 17, 2017. Suzanne M. Barnett, Chief U.S. Copyright Royalty Judge. NATIONAL SCIENCE FOUNDATION Notice of Permits Issued Under the Antarctic Conservation Act of 1978 National Science Foundation. Notice of permits issued under the Antarctic Conservation of 1978, Public Law 95–541. AGENCY: mstockstill on DSK3G9T082PROD with NOTICES ACTION: The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice. FOR FURTHER INFORMATION CONTACT: Nature McGinn, ACA Permit Officer, 19:02 Jan 19, 2017 Jkt 241001 Nadene G. Kennedy, Polar Coordination Specialist, Office of Polar Programs. [FR Doc. 2017–01355 Filed 1–19–17; 8:45 am] BILLING CODE 7555–01–P NATIONAL SCIENCE FOUNDATION Sunshine Act Meeting; National Science Board The National Science Board’s Executive Committee, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n–5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice of the scheduling of a teleconference for the transaction of National Science Board business, as follows: & TIME: Wednesday, January 25, 2017 from 3:00–4:00 p.m. EST. DATE SUBJECT MATTER: (1) Committee Chair’s opening remarks; (2) Approval of Executive Committee minutes of October 20, 2016; and (3) Discuss issues and topics for an agenda of the NSB meeting scheduled for February 21–22, 2017. Open. This meeting will be held by teleconference at the National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. A public listening line will be available. Members of the public must contact the Board Office (call 703–292–7000 or send an email message to nationalsciencebrd@nsf.gov) at least 24 hours prior to the teleconference for the public listening number. & POINT OF CONTACT: Please refer to the National Science Board Web site www.nsf.gov/nsb for additional information. Meeting information and updates (time, place, subject matter or status of meeting) may be found at https://www.nsf.gov/nsb/notices/. Point of contact for this meeting is: James UPDATES PO 00000 Frm 00098 Fmt 4703 Hamos, 4201 Wilson Blvd., Arlington, VA 22230. Telephone: (703) 292–8000. Chris Blair, Executive Assistant to the NSB Office. [FR Doc. 2017–01553 Filed 1–18–17; 4:15 pm] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–412; NRC–2016–0277] Beaver Valley Power Station, Unit 2; Consideration of Approval of Transfer of License and Conforming Amendment Nuclear Regulatory Commission. ACTION: Application for direct transfer of license; opportunity to comment, request a hearing, and petition for leave to intervene. AGENCY: LOCATION: BILLING CODE 1410–72–P VerDate Sep<11>2014 On December 15, 2016, the National Science Foundation published a notice in the Federal Register of a permit application received. The permit was issued on January 17, 2017 to: Robert B. Dunbar, Permit No. 2017–038. SUPPLEMENTARY INFORMATION: STATUS: [FR Doc. 2017–01357 Filed 1–19–17; 8:45 am] SUMMARY: Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Or by email: ACApermits@nsf.gov. Sfmt 4703 The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an application filed by FirstEnergy Nuclear Operating Company (FENOC), acting as agent for and on behalf of FirstEnergy Nuclear Generation, LLC (FENGen), the Toledo Edison Company (TE), and the Ohio Edison Company (OE) on June 24, 2016, as supplemented on September 13, 2016, and December 15, 2016. The application seeks NRC approval of the direct transfer of License No. NPF–73 for the Beaver Valley Power Station, Unit 2, to the extent currently held by TE and OE, to FENGen. The NRC is also considering amending the renewed facility operating license for administrative purposes to reflect the proposed transfer. DATES: Comments must be filed by February 22, 2017. A request for a hearing must be filed by February 13, 2017. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2016–0277. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Email comments to: Hearingdocket@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. SUMMARY: E:\FR\FM\23JAN1.SGM 23JAN1

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[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7879-7880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01357]


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LIBRARY OF CONGRESS

Copyright Royalty Board

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


Distribution of 2010-13 Satellite Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice requesting comments.

-----------------------------------------------------------------------

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

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

ADDRESSES: Submit electronic comments via email to crb@loc.gov. Those 
who choose not to submit comments electronically should see ``How to 
Submit Comments'' in the Supplementary Information section below for 
physical addresses and further instructions. This notice and request is 
also posted on the agency's Web site (www.loc.gov/crb) and on 
Regulations.gov (www.regulations.gov).

FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, Attorney-Advisor, by 
telephone at (202) 707-7658 or email at crb@loc.gov.

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

    \1\ Participants are: Motion Picture Association of America, 
Joint Sports Claimants, National Association of Broadcasters and the 
Commercial Television Claimants, Music Claimants, Canadian Claimants 
Group, Settling Devotional Claimants, National Public Radio, Public 
Broadcasting Service and the Public Television Claimants, and 
Multigroup Claimants.

------------------------------------------------------------------------
                   Year                              Percentage
------------------------------------------------------------------------
2010......................................  3.50
2011......................................  3.50
2012......................................  3.50
2013......................................  3.50
------------------------------------------------------------------------

    The Moving Parties stipulate that the value of the Music Claimants' 
Share is as listed above, minus the dollar value of partial 
distributions of the 2010-13 Funds that Music Claimants have received 
to date.\2\
---------------------------------------------------------------------------

    \2\ The amounts Music Claimants have received in partial 
distribution from each year's portion of the 2010-13 Funds were 
calculated pursuant to confidential settlement agreements among the 
parties and were received from monies distributed by the Office of 
the Commissioner of Baseball as Common Agent for the parties. The 
amount of these partial distributions constitutes Restricted 
information pursuant to the Protective Order in this proceeding; the 
amounts are redacted from the public version of the Joint Motion and 
are disclosed only to the parties in accordance with the terms of 
the settlement agreements.
---------------------------------------------------------------------------

    The Moving Parties represent that there are no outstanding inter- 
or intra-category controversies regarding the claims in the Music 
Claimant category. The Parties further stipulate and agree that these 
sums shall not be subject to repayment once distributed, that Music 
Claimants need not participate further in royalty distribution 
proceedings related to the 2010-13 Funds, and that no additional sums 
shall be distributed to Music Claimants in the future with respect to 
the 2010-13 Funds, provided that Music Claimants shall be entitled to 
receive the Music Claimants' Share of any additional royalties 
deposited into any of the 2010-13 Funds due to any audit of any cable 
system operator's Statement of Account pursuant to 37 CFR 201.16 that 
Music Claimants joined as participating copyright owners.
    The Moving Parties' further stipulate that the terms described in 
the Joint Motion represent a compromise and settlement and apply to the 
2010, 2011, 2012, and 2013 Cable Royalty Distribution Proceedings only; 
no party accepts the requested allocation as precedent and no party 
admits to any principle underlying the Music Claimants' Share.
    The Moving Parties therefore request that the Judges order a 
partial distribution of royalties to Music Claimants in the agreed 
amounts pursuant to section 801(b)(3)(C) of the Copyright Act.\3\ 17 
U.S.C. 801(b)(3)(C). That section requires that, before ruling on the 
motion, the Judges publish a notice in the Federal Register seeking 
responses to the motion for partial distribution to ascertain whether 
any claimant entitled to receive the subject royalties has a reasonable 
objection to the requested distribution. Accordingly, this Notice seeks 
comments from interested claimants on whether any reasonable objection 
exists that would preclude the distributions to Music

[[Page 7880]]

Claimants described in this Notice. Parties making objection to the 
partial distribution must advise the Judges of the existence and 
details of all objections by the end of the comment period. The Judges 
will not consider any objections with respect to the partial 
distribution motion that come to their attention after the close of the 
comment period.
---------------------------------------------------------------------------

    \3\ The requested distributions represent partial distributions 
of the 2010-13 Funds, but constitute final distributions to the 
Music Claimants, except that Music claimants may share in the same 
proportion in the event a future audit results in additional 
deposits into any fund at issue in this proceeding.
---------------------------------------------------------------------------

    The Judges have caused the joint motion (redacted public version) 
to be posted on the Copyright Royalty Board Web site at https://www.loc.gov/crb.

How To Submit Comments

    Interested members of the public must submit comments to only one 
of the following addresses. If not commenting by email or online, 
commenters must submit an original of their comments, five paper 
copies, and an electronic version on a CD.
    Email: crb@loc.gov; or
    Online: www.regulations.gov; or
    U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 
20024-0977; or
    Overnight service (only USPS Express Mail is acceptable): Copyright 
Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or
    Commercial courier: Address package to: Copyright Royalty Board, 
Library of Congress, James Madison Memorial Building, LM-403, 101 
Independence Avenue SE., Washington, DC 20559-6000. Deliver to: 
Congressional Courier Acceptance Site, 2nd Street NE and D Street NE., 
Washington, DC; or
    Hand delivery: Library of Congress, James Madison Memorial 
Building, LM-401, 101 Independence Avenue SE., Washington, DC 20559-
6000.

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

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