Rate Adjustment for the Satellite Carrier Compulsory License, 15368-15369 [05-5953]
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Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Notices
State(s) of interest, since subscriptions
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Signed at Washington, DC this 17th day of
March 2005.
John Frank,
Acting Chief, Branch of Construction Wage
Determinations.
[FR Doc. 05–5609 Filed 3–24–05; 8:45 am]
BILLING CODE 4510–27–M
LEGAL SERVICES CORPORATION
Time and Date: The Legal Services
Corporation Board of Directors
Operations and Regulations Committee
will meet April 1, 2005, at 9 a.m.
Location: Caddell Conference Room,
Slaughter Hall, 3rd Floor, University of
Virginia School of Law, 580 Massie
Road, Charlottesville, Virginia.
Status of Meetings: Open.
Matters to be Considered:
Open Session
1. Approval of agenda.
2. Consider and act on Notice of
Proposed Rulemaking on Financial
Eligibility, 45 CFR part 1611.
a. Staff report;
b. OIG’s report; and
c. Public comment.
3. Other public comment.
4. Consider and act on other business.
5. Consider and act on adjournment of
meeting.
Contact Person for Information:
Patricia D. Batie, Manager of Board
Operations, at (202) 295–1500.
Special Needs: Upon request, meeting
notices will be made available in
alternate formats to accommodate visual
and hearing impairments. Individuals
who have a disability and need an
accommodation to attend the meeting
may notify Patricia D. Batie, at (202)
295–1500.
Dated: March 23, 2005.
Victor M. Fortuno,
Vice President for Legal Affairs, General
Counsel & Corporate Secretary.
[FR Doc. 05–6076 Filed 3–23–05; 2:57 pm]
BILLING CODE 7050–01–P
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Copyright Office
SUPPLEMENTARY INFORMATION:
[Docket No. 2005–4 CARP SRA–Digital]
Rate Adjustment for the Satellite
Carrier Compulsory License
Copyright Office, Library of
Congress.
ACTION: Notice of voluntary negotiation
period.
AGENCY:
SUMMARY: The Copyright Office of the
Library of Congress is announcing the
voluntary negotiation period for the
purpose of determining the royalty fees
for the retransmission of digital over–
the–air television broadcast signals by
satellite carriers under the statutory
license.
The voluntary negotiation period
commences on March 25, 2005 and
concludes on April 25, 2005. Voluntary
agreements must be submitted no later
than April 25, 2005.
ADDRESSES: If hand delivered by a
private party, an original and five copies
of voluntary agreements should be
brought to Room LM–401 of the James
Madison Memorial Building between
8:30 a.m. and 5 p.m. and the envelope
should be addressed as follows:
Copyright Office General Counsel/
CARP, U.S. Copyright Office, James
Madison Memorial Building, Room LM–
401, 101 Independence Avenue, S.E.,
Washington, D.C. 20559–6000. If
delivered by a commercial courier, an
original and five copies of voluntary
agreements must be delivered to the
Congressional Courier Acceptance Site
located at 2nd and D Streets, N.E.
between 8:30 a.m. and 4 p.m. The
envelope should be addressed as
follows: Copyright Office General
Counsel/CARP, Room LM–403, James
Madison Memorial Building, 101
Independence Avenue, S.E.,
Washington, D.C. If sent by mail
(including overnight delivery using U.S.
Postal Service Express Mail), an original
and five copies of voluntary agreements
should be addressed to: Copyright
Arbitration Royalty Panel (CARP), P.O.
Box 70977, Southwest Station,
Washington, D.C. 20024. Voluntary
agreements may not be delivered by
means of overnight delivery services
such as Federal Express, United Parcel
Service, etc., due to delays in processing
receipt of such deliveries.
FOR FURTHER INFORMATION CONTACT:
David O. Carson, General Counsel, or
Gina Giuffreda, Attorney Advisor,
Copyright Arbitration Royalty Panel
(CARP), P.O. Box 70977, Southwest
Station, Washington, D.C. 20024.
DATES:
Sunshine Act Meetings of the Board of
Directors Operations and Regulations
Committee
Telephone: (202) 707–8380. Telefax:
(202) 252–3423.
LIBRARY OF CONGRESS
PO 00000
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Background
The satellite carrier compulsory
license establishes a statutory copyright
licensing scheme for satellite carriers
that retransmit over–the–air television
broadcast signals to satellite dish
owners. 17 U.S.C. 119. Congress created
the license in 1988 with the passage of
the Satellite Home Viewer Act of 1988.
Congress reauthorized the satellite
license for additional five–year periods
in 1994 and 1999, and the license was
slated to expire on December 31, 2004.
However, Congress again reauthorized
the satellite license for another five
years with the passage of the Satellite
Home Viewer Extension and
Reauthorization Act of 2004
(‘‘SHVERA’’) (as part of the
Consolidated Appropriations Act, 2005),
Pub. L. 108–447, which was signed into
law by the President on December 8,
2004.
Rates for the statutory license were
initially set by Congress in the Satellite
Home Viewer Act of 1988 and then later
adjusted by a three–person arbitration
panel convened by the former Copyright
Royalty Tribunal. 57 FR 19052 (May 1,
1992). When the license was
reauthorized in 1994, Congress directed
that the rates be adjusted by the
Librarian of Congress using the system
that replaced the Copyright Royalty
Tribunal, namely, a Copyright
Arbitration Royalty Panel (‘‘CARP’’).
Accordingly, the Librarian adjusted the
rates in 1997. 62 FR 55742 (October 28,
1997). In the Satellite Home Viewer
Improvement Act of 1999, which
reauthorized the license for an
additional five years, Congress reduced
the rates set by the Librarian. 17 U.S.C.
119(c)(4).
SHVERA adopts the rates as reduced
by Congress in 1999 for the
retransmission of analog signals but
calls for the adjustment of those rates.1
In addition, SHVERA calls for the
setting of rates, for the first time, for the
retransmission of the primary digital
transmissions of network stations and
superstations. SHVERA provides that
the rates to be paid by satellite carriers
for the retransmission of digital signals
shall be the rates set by the Librarian in
1997 for the retransmission of analog
signals, 37 CFR 258.3(b)(1)&(2), reduced
1 The Library has begun the process to adjust the
rates paid for the retransmission of analog signals.
See 69 FR 78482 (December 30, 2004); 70 FR 3656
(January 26, 2005).
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Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Notices
by 22.5 percent but provides for a rate
adjustment in accordance with the
procedures set forth in section 119(c)(1)
of the Copyright Act.
On March 8, 2005, the Copyright
Office received a letter from EchoStar
Satellite L.L.C., DirecTV, Inc., Program
Suppliers, and the Joint Sports
Claimants requesting that the Office
begin the process of setting the rates for
the retransmission of digital broadcast
signals by initiating a voluntary
negotiation period so that rates for both
digital and analog signals ‘‘will be in
place before the July 31, 2005 deadline
for satellite carriers to pay royalties for
the first accounting period of 2005.’’ 2
Letter at 2. The Office sees no reason not
to grant this request. Accordingly,
today’s notice begins the process
mandated by statute.
Voluntary Negotiation Period
Section 119(c)(2) of the Copyright Act,
17 U.S.C., provides that ‘‘[t]he process
and requirements for establishing the
royalty fee payable . . . for the secondary
transmission of the primary digital
transmissions of network stations and
superstations shall be the same’’ as that
set forth in section 119(c)(1) for the
amendment of the rates paid for the
retransmission of analog signals. Section
119(c)(1) provides that ‘‘the Librarian of
Congress shall cause to be published in
the Federal Register [notice] of the
initiation of the voluntary negotiation
proceedings for the purpose of
determining the royalty fee to be paid by
satellite carriers’’ for the retransmission
of digital broadcast signals. This notice
initiates the voluntary negotiation
period.
The statute does not specify how long
the voluntary negotiation period is to
last. However, the regulations governing
CARP proceedings provide for a ‘‘30–
day period for negotiation of a
settlement’’ when adjusting rates under
the cable, phonorecord and jukebox
statutory licenses. 37 CFR 251.63(a).
Since the rates will be determined
under the current CARP system3 should
parties be unable to negotiate a
2 We note that the letter referenced Docket No.
2004–9 CARP SRA, which is the proceeding to
adjust the rates for the retransmission of analog
signals. As the parties state in their letter, ‘‘the
analog rates and digital rates are distinct and
separate.’’ Letter at 1. We agree. Therefore, we have
assigned a separate docket number to this
proceeding.
3 On November 30, 2004, the President signed
into law the Copyright Royalty and Distribution Act
of 2004, Pub. L. 108–419, which phases out the
CARP system and replaces it with three permanent
Copyright Royalty Judges. However, SHVERA calls
for satellite royalty rates to be determined ‘‘under
chapter 8 as in effect on the day before the date of
enactment of the Copyright Royalty and
Distribution Act of 2004.’’ 17 U.S.C. 119(c)(1)(F).
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voluntary agreement or an objection to
such agreement is raised, the Library
sees no reason not to adopt the period
set forth in § 251.63(a) here. Therefore,
the voluntary negotiation period
commences today, March 25, 2005, and
concludes April 25, 2005.
If a voluntary agreement is reached by
the end of the negotiation period, the
parties can request that the Librarian
publish the agreement for notice and
comment in accordance with section
119(c)(1)(D)(ii)(II) and adopt the rates in
the voluntary agreement if no objections
are received from a party with a
significant interest and an intention to
participate in a CARP proceeding. 17
U.S.C. 119(c)(1)(D)(ii)(III). Voluntary
agreements must be submitted no later
than April 25, 2005. If no agreements
are received by that time, the Library
will proceed in accordance with the
rules and regulations of 37 CFR part
251.
Dated: March 22, 2005
David O. Carson,
General Counsel.
[FR Doc. 05–5953 Filed 3–24–05; 8:45 am]
BILLING CODE 1410–33–S
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–17]
Notice of Issuance of Partial
Conditional Exemption; Portland
General Electric Company, Trojan
Independent Spent Fuel Storage
Facility
Nuclear Regulatory
Commission.
ACTION: Notice of partial conditional
exemption.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Christopher M. Regan, Senior Project
Manager, Spent Fuel Project Office,
Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555.
Telephone: (301) 415–8500; fax number:
(301) 415–8555; e-mail: cmr1@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Portland General Electric Company
(PGE) is the licensee and holder of
License No. SNM–2509 for the Trojan
Independent Spent Fuel Storage Facility
(Trojan ISFSI). In addition, PGE holds
License No. NPF–1, pursuant to 10 CFR
part 50, for the Trojan Nuclear Plant.
The licensee will complete
decommissioning of the Trojan Nuclear
Plant and intends to terminate its Part
50 license for the Trojan Nuclear Plant.
PO 00000
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15369
The Trojan ISFSI contains the spent fuel
removed from the Trojan Nuclear Plant.
Currently, the licensee provides
financial assurance for the Trojan ISFSI
pursuant to 10 CFR 72.30(c)(5), which
allows a part 50 license holder to use
the financial assurance provisions of
part 50 to provide financial assurance
for an ISFSI. The licensee maintains an
external sinking fund for
decommissioning funds pursuant to 10
CFR 50.75(e). However, when its part 50
license is terminated, it will no longer
meet the condition of 10 CFR 72.30(c)(5)
that allows it to use its existing external
sinking fund to provide financial
assurance for its ISFSI.
On April 29, 2004, PGE filed a request
for NRC approval of a partial exemption
from the provision of 10 CFR 72.30(c)(5)
that requires an ISFSI licensee to
additionally hold a part 50 license in
order to use an external sinking fund as
the exclusive means of financial
assurance for decommissioning costs of
an ISFSI.
II. Requested Action
Pursuant to the requirements of 10
CFR 72.7, PGE requested a partial
exemption from the financial assurance
requirements of 10 CFR 72.30(c)(5). The
exemption request was ‘‘partial’’
because it would apply only to the
requirement that the ISFSI licensee also
hold a Part 50 license to use an external
sinking fund as its exclusive method of
providing financial assurance for its
ISFSI. The licensee will continue to
provide financial assurance conforming
to the requirements of 10 CFR 50.75(e)
and (h), although it reserved the right to
change to another method as provided
in other sections of 10 CFR 72.30(c). The
licensee pointed out that the wording of
10 CFR 72.30(c)(5) allowed an ‘‘electric
utility’’ to use an external sinking fund
as the exclusive method of providing
financial assurance when its part 72
ISFSI license was first issued. However,
the rule was amended effective on
December 24, 2003, which resulted in
the change of the condition from
‘‘electric utility’’ to ‘‘a part 50 licensee.’’
PGE stated that it will remain an electric
utility after the termination of its part 50
license, hence it will continue to meet
the intent of the rule as originally
issued.
III. Discussion
The Commission may grant a specific
exemption to the financial assurance
requirements of 10 CFR 72.30(c)(5)
provided that the requirements of 10
CFR 72.7 are satisfied. The Commission
determined that a partial exemption
from 10 CFR 72.30(c)(5) meets the
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]]>Agencies
[Federal Register Volume 70, Number 57 (Friday, March 25, 2005)]
[Notices]
[Pages 15368-15369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5953]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2005-4 CARP SRA-Digital]
Rate Adjustment for the Satellite Carrier Compulsory License
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of voluntary negotiation period.
-----------------------------------------------------------------------
SUMMARY: The Copyright Office of the Library of Congress is announcing
the voluntary negotiation period for the purpose of determining the
royalty fees for the retransmission of digital over-the-air television
broadcast signals by satellite carriers under the statutory license.
DATES: The voluntary negotiation period commences on March 25, 2005 and
concludes on April 25, 2005. Voluntary agreements must be submitted no
later than April 25, 2005.
ADDRESSES: If hand delivered by a private party, an original and five
copies of voluntary agreements should be brought to Room LM-401 of the
James Madison Memorial Building between 8:30 a.m. and 5 p.m. and the
envelope should be addressed as follows: Copyright Office General
Counsel/CARP, U.S. Copyright Office, James Madison Memorial Building,
Room LM-401, 101 Independence Avenue, S.E., Washington, D.C. 20559-
6000. If delivered by a commercial courier, an original and five copies
of voluntary agreements must be delivered to the Congressional Courier
Acceptance Site located at 2nd and D Streets, N.E. between 8:30 a.m.
and 4 p.m. The envelope should be addressed as follows: Copyright
Office General Counsel/CARP, Room LM-403, James Madison Memorial
Building, 101 Independence Avenue, S.E., Washington, D.C. If sent by
mail (including overnight delivery using U.S. Postal Service Express
Mail), an original and five copies of voluntary agreements should be
addressed to: Copyright Arbitration Royalty Panel (CARP), P.O. Box
70977, Southwest Station, Washington, D.C. 20024. Voluntary agreements
may not be delivered by means of overnight delivery services such as
Federal Express, United Parcel Service, etc., due to delays in
processing receipt of such deliveries.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Gina Giuffreda, Attorney Advisor, Copyright Arbitration Royalty Panel
(CARP), P.O. Box 70977, Southwest Station, Washington, D.C. 20024.
Telephone: (202) 707-8380. Telefax: (202) 252-3423.
SUPPLEMENTARY INFORMATION:
Background
The satellite carrier compulsory license establishes a statutory
copyright licensing scheme for satellite carriers that retransmit over-
the-air television broadcast signals to satellite dish owners. 17
U.S.C. 119. Congress created the license in 1988 with the passage of
the Satellite Home Viewer Act of 1988. Congress reauthorized the
satellite license for additional five-year periods in 1994 and 1999,
and the license was slated to expire on December 31, 2004. However,
Congress again reauthorized the satellite license for another five
years with the passage of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 (``SHVERA'') (as part of the Consolidated
Appropriations Act, 2005), Pub. L. 108-447, which was signed into law
by the President on December 8, 2004.
Rates for the statutory license were initially set by Congress in
the Satellite Home Viewer Act of 1988 and then later adjusted by a
three-person arbitration panel convened by the former Copyright Royalty
Tribunal. 57 FR 19052 (May 1, 1992). When the license was reauthorized
in 1994, Congress directed that the rates be adjusted by the Librarian
of Congress using the system that replaced the Copyright Royalty
Tribunal, namely, a Copyright Arbitration Royalty Panel (``CARP'').
Accordingly, the Librarian adjusted the rates in 1997. 62 FR 55742
(October 28, 1997). In the Satellite Home Viewer Improvement Act of
1999, which reauthorized the license for an additional five years,
Congress reduced the rates set by the Librarian. 17 U.S.C. 119(c)(4).
SHVERA adopts the rates as reduced by Congress in 1999 for the
retransmission of analog signals but calls for the adjustment of those
rates.\1\ In addition, SHVERA calls for the setting of rates, for the
first time, for the retransmission of the primary digital transmissions
of network stations and superstations. SHVERA provides that the rates
to be paid by satellite carriers for the retransmission of digital
signals shall be the rates set by the Librarian in 1997 for the
retransmission of analog signals, 37 CFR 258.3(b)(1)&(2), reduced
[[Page 15369]]
by 22.5 percent but provides for a rate adjustment in accordance with
the
---------------------------------------------------------------------------
\1\ The Library has begun the process to adjust the rates paid
for the retransmission of analog signals. See 69 FR 78482 (December
30, 2004); 70 FR 3656 (January 26, 2005).
---------------------------------------------------------------------------
procedures set forth in section 119(c)(1) of the Copyright Act.
On March 8, 2005, the Copyright Office received a letter from
EchoStar Satellite L.L.C., DirecTV, Inc., Program Suppliers, and the
Joint Sports Claimants requesting that the Office begin the process of
setting the rates for the retransmission of digital broadcast signals
by initiating a voluntary negotiation period so that rates for both
digital and analog signals ``will be in place before the July 31, 2005
deadline for satellite carriers to pay royalties for the first
accounting period of 2005.'' \2\ Letter at 2. The Office sees no reason
not to grant this request. Accordingly, today's notice begins the
process mandated by statute.
---------------------------------------------------------------------------
\2\ We note that the letter referenced Docket No. 2004-9 CARP
SRA, which is the proceeding to adjust the rates for the
retransmission of analog signals. As the parties state in their
letter, ``the analog rates and digital rates are distinct and
separate.'' Letter at 1. We agree. Therefore, we have assigned a
separate docket number to this proceeding.
---------------------------------------------------------------------------
Voluntary Negotiation Period
Section 119(c)(2) of the Copyright Act, 17 U.S.C., provides that
``[t]he process and requirements for establishing the royalty fee
payable . . . for the secondary transmission of the primary digital
transmissions of network stations and superstations shall be the same''
as that set forth in section 119(c)(1) for the amendment of the rates
paid for the retransmission of analog signals. Section 119(c)(1)
provides that ``the Librarian of Congress shall cause to be published
in the Federal Register [notice] of the initiation of the voluntary
negotiation proceedings for the purpose of determining the royalty fee
to be paid by satellite carriers'' for the retransmission of digital
broadcast signals. This notice initiates the voluntary negotiation
period.
The statute does not specify how long the voluntary negotiation
period is to last. However, the regulations governing CARP proceedings
provide for a ``30-day period for negotiation of a settlement'' when
adjusting rates under the cable, phonorecord and jukebox statutory
licenses. 37 CFR 251.63(a). Since the rates will be determined under
the current CARP system\3\ should parties be unable to negotiate a
voluntary agreement or an objection to such agreement is raised, the
Library sees no reason not to adopt the period set forth in Sec.
251.63(a) here. Therefore, the voluntary negotiation period commences
today, March 25, 2005, and concludes April 25, 2005.
---------------------------------------------------------------------------
\3\ On November 30, 2004, the President signed into law the
Copyright Royalty and Distribution Act of 2004, Pub. L. 108-419,
which phases out the CARP system and replaces it with three
permanent Copyright Royalty Judges. However, SHVERA calls for
satellite royalty rates to be determined ``under chapter 8 as in
effect on the day before the date of enactment of the Copyright
Royalty and Distribution Act of 2004.'' 17 U.S.C. 119(c)(1)(F).
---------------------------------------------------------------------------
If a voluntary agreement is reached by the end of the negotiation
period, the parties can request that the Librarian publish the
agreement for notice and comment in accordance with section
119(c)(1)(D)(ii)(II) and adopt the rates in the voluntary agreement if
no objections are received from a party with a significant interest and
an intention to participate in a CARP proceeding. 17 U.S.C.
119(c)(1)(D)(ii)(III). Voluntary agreements must be submitted no later
than April 25, 2005. If no agreements are received by that time, the
Library will proceed in accordance with the rules and regulations of 37
CFR part 251.
Dated: March 22, 2005
David O. Carson,
General Counsel.
[FR Doc. 05-5953 Filed 3-24-05; 8:45 am]
BILLING CODE 1410-33-S
