Section 119 and the Changes in the Consumer Price Index, 68198-68199 [E7-23520]

Download as PDF 68198 Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Notices disclosure of information on which the exemption was based. For additional information, please refer to a related notice published at 72 FR 54072 on September 21, 2007 and the interim final rule published at 62 FR 66931 on December 22, 1997. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E7–23461 Filed 12–3–07; 8:45 am] BILLING CODE 4510–29–P LIBRARY OF CONGRESS Copyright Office [Docket No. 2007–12] Section 119 and the Changes in the Consumer Price Index Copyright Office, Library of Congress. ACTION: Notice of Rate Adjustment. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: The Library of Congress, through the Copyright Office, is announcing an upcoming royalty rate adjustment for satellite carriers based upon changes in the Consumer Price Index. FOR FURTHER INFORMATION CONTACT: Ben Golant, Assistant General Counsel, and Tanya M. Sandros, General Counsel, Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024. Telephone: (202) 707–8380. Telefax: (202) 707– 8366. SUPPLEMENTARY INFORMATION: Pursuant to Section 119(c) and our implementing rules, we are hereby giving notice to the public that royalty rates will be adjusted for the accounting period commencing January 1, 2008, based on changes in the Consumer Price Index. This action is consistent with voluntary agreements reached between satellite carriers and copyright owners under the Copyright Act. Section 119 and royalty payments for analog television signals. In 2004, Congress enacted the Satellite Home Viewer Extension and Reauthorization Act (‘‘SHVERA’’). SHVERA extended for an additional five years the statutory license for satellite carriers retransmitting over-the-air television broadcast stations to their subscribers and made a number of amendments to the license. One of the amendments to Section 119 sets forth a process for adjusting the royalty fees paid by satellite carriers for retransmitting analog television network and superstations. 17 U.S.C. 119(c)(1). The law directs the Librarian of Congress to publish notice in the Federal Register VerDate Aug<31>2005 17:38 Dec 03, 2007 Jkt 214001 requesting satellite carriers, distributors and copyright owners to submit to the Copyright Office any voluntary agreements they have negotiated as to the adjustment of the rates for analog stations. The Library published such a notice on December 30, 2004, and, pursuant to the statute, requested that any agreements be submitted no later than January 10, 2005. 69 FR 78482 (December 30, 2004). The Office received one agreement, submitted jointly by the satellite carriers DirecTV, Inc. and EchoStar Satellite L.L.C., the copyright owners of motion pictures and syndicated television series represented by the Motion Picture Association of America, and the copyright owners of sports programming represented by the Office of the Commissioner of Baseball. Section 119(c)(1)(D)(ii)(II) requires the Library to ‘‘provide public notice of the royalty fees from the voluntary agreement and afford parties an opportunity to state that they object to those fees.’’ 17 U.S.C. 119(c)(1)(D)(ii)(II). The Library published a Notice of Proposed Rulemaking on January 26, 2005, to fulfill this requirement. 70 FR 3656 (January 26, 2005). No objections were received. Consequently, the Library adopted the rates in the voluntary agreement as final. 70 FR 17320 (Apr. 6, 2005). The terms and conditions of the agreement were codified at Section 258.3 of the Copyright Office’s rules. Paragraph (g) of this rule specifically states, with regard to private home viewing, that the 2007 rate per subscriber per month for distant superstations and network stations shall be adjusted for the amount of inflation as measured by the change in the Consumer Price Index for all urban consumers from January 2007 to January 2008. For viewing in commercial establishments, the 2007 rate per subscriber per month for viewing distant superstations in commercial establishments shall be adjusted for the amount of inflation as measured by the change in the Consumer Price Index for all urban consumers from January 2007 to January 2008. Section 119 and royalty payments for digital television signals. Another amendment to Section 119 promulgated by SHVERA set forth a process, for the first time, for adjusting the royalty fees paid by satellite carriers for the retransmission of digital broadcast signals. 17 U.S.C. 119(c)(2). The law set the initial rates as the rates set by the Librarian in 1997 for the retransmission of analog broadcast signals, 37 CFR 258.3(b)(1)-(2), reduced by 22.5 percent. 17 U.S.C. 119(c)(2)(A). These rates are to PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 be adjusted in accordance with the procedures set forth in Section 119(c)(1) as directed by Section 119(c)(2) 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 would be in place before the July 31, 2005, deadline for satellite carriers to pay royalties for the first accounting period of 2005. The Office granted the request and, pursuant to Section 119(c)(1), published a Notice in the Federal Register initiating a voluntary negotiation period and requesting that any agreements reached during this period be submitted no later than April 25, 2005. See 70 FR 15368 (March 25, 2005). In accordance with the March 25 Notice, the Office received one agreement, submitted jointly by the satellite carriers EchoStar Satellite L.L.C. and DirecTV, Inc., the copyright owners of motion pictures and syndicated television series represented by the Motion Picture Association of America, and the copyright owners of sports programming represented by the Office of the Commissioner of Baseball. The agreement proposed rates for the private home viewing of distant superstations and distant network stations for the 2005-2009 period, as well as the viewing of those signals for commercial establishments. As required by statute, the Library provided public notice of the royalty fees from the voluntary agreement and afforded parties an opportunity to state that they object to those fees. 17 U.S.C. 119(c)(1)(D)(ii)(II). The Library published a Notice of Proposed Rulemaking on May 17, 2005, to fulfill this requirement. 70 FR 28231 (May 17, 2005). The Office received no objections as a result of the Notice. Consequently, the Library adopted the rates as set forth in the voluntary agreement as final. 70 FR 39178 (Jul. 7, 2006). The terms and conditions of the agreement were codified at Section 258.4 of the Copyright Office’s rules. Paragraph (d) of the rule states the royalty rate for secondary transmission of digital signals of broadcast stations by satellite carriers and the process for readjusting the rates for the accounting period commencing on January 1, 2008. For private home viewing, the 2007 rate per subscriber per month for distant superstations and network stations shall be adjusted for the amount of inflation E:\FR\FM\04DEN1.SGM 04DEN1 Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Notices as measured by the change in the Consumer Price Index for all Urban Consumers from January 2007 to January 2008. For viewing in commercial establishments, the 2007 rate per subscriber per month for viewing distant superstations in commercial establishments shall be adjusted for the amount of inflation as measured by the change in the Consumer Price Index for all Urban Consumers from January 2007 to January 2008. Conclusion. The Office shall be adjusting the royalty rates for the secondary transmission of the analog and digital transmissions of network and superstations to reflect changes in the Consumer Price Index for all Urban Consumers from January 2007 to January 2008. Another notice will be published after January 1, 2008, to announce the new CPI adjustments. Dated: November 29, 2007. Tanya M. Sandros, General Counsel [FR Doc. E7–23520 Filed 12–3–07; 8:45 am] BILLING CODE 1410–30–S NATIONAL AERONAUTICS AND SPACE ADMINISTRATION NASA International Space Station Advisory Committee; Meeting National Aeronautics and Space Administration (NASA). ACTION: Notice of meeting. mstockstill on PROD1PC66 with NOTICES AGENCY: 17:38 Dec 03, 2007 Jkt 214001 SUMMARY: The Institute of Museum and Library Service (IMLS) as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3508(2)(A)]. This program helps to ensure that requested data can be 1. Background The Institute of Museum and Library Services is authorized by the Museum and Library Services Act, Public Law 108–81, and is the primary source of federal support for the nation’s 122,000 libraries and 17,500 museums. The Institute’s mission is to create strong libraries and museums that connect people to information and ideas. The Institute works at the national level and in coordination with state and local organizations to sustain heritage, culture, and knowledge; enhance learning and innovation; and support professional development. Attendees will be requested to sign a register and to comply with NASA security requirements, including the presentation of a valid picture ID, before receiving an access badge. Foreign nationals attending this meeting will be required to provide the following information: full name; gender; date/ place of birth; citizenship; visa/green card information (number, type, expiration date); passport information (number, country, expiration date); employer/affiliation information (name of institution, address, country, phone); title/position of attendee. To expedite admittance, attendees should provide identifying information in advance by contacting Glen Asner via e-mail at glen.asner@nasa.gov or by telephone at (202) 358–0903 by December 13, 2007. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. BILLING CODE 7510–13–P SUMMARY: In accordance with the Federal Advisory Committee Act, Public Law 92–463, as amended, the National Aeronautics and Space Administration announces an open meeting of the NASA International Space Station Advisory Committee. DATES: December 20, 2007, 11 a.m.–12 p.m. Eastern Standard Time. ADDRESSES: National Aeronautics and Space Administration Headquarters, 300 E Street, SW., Room 3H46, Washington, DC 20546. FOR FURTHER INFORMATION CONTACT: Dr. Glen R. Asner, Office of External Relations, (202) 358–0903, National Aeronautics and Space Administration, Washington, DC 20546–0001. SUPPLEMENTARY INFORMATION: This meeting will be open to the public up to the seating capacity of the room. Five seats will be reserved for members of the press. The agenda for the meeting is as follows: —To assess the progress of the Expedition Sixteen mission. VerDate Aug<31>2005 AGENCY: provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently the Institute of Museum and Library Services is soliciting comments concerning the proposed study to assess the impact of access to computers and the Internet and to related services at public libraries on individuals, families, and communities. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before February 4, 2008. IMLS is particularly interested in comments that help the agency to: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submissions of responses. ADDRESSES: Send comments to: Mary Downs, Ph.D., Research Officer, Office of Policy, Planning, Research, and Communications, Institute of Museum and Library Services, 1800 M Street, NW., 9th floor, Washington, DC 20036, by telephone: 202–653–4682; fax: 202– 653–4625; or by e-mail at mdowns@imls.gov. SUPPLEMENTARY INFORMATION: —To assess the readiness of the International Space Station to accept visiting vehicles from international partners. —To assess NASA and Roscosmos plans for accommodating a six-person crew aboard the International Space Station. P. Diane Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. E7–23409 Filed 12–3–07; 8:45 am] [Notice (07–084)] 68199 THE NATIONAL FOUNDATION FOR THE ARTS AND THE HUMANITIES Notice of Proposed Information Collection: Assessing the Impact of Access to Computers and the Internet and to Related Services at Public Libraries on Individuals, Families, and Communities Institute of Museum and Library Services, National Foundation for the Arts and Humanities. ACTION: Notice. PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\04DEN1.SGM 04DEN1

Agencies

[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Notices]
[Pages 68198-68199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23520]


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LIBRARY OF CONGRESS

Copyright Office

[Docket No. 2007-12]


Section 119 and the Changes in the Consumer Price Index

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of Rate Adjustment.

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

SUMMARY: The Library of Congress, through the Copyright Office, is 
announcing an upcoming royalty rate adjustment for satellite carriers 
based upon changes in the Consumer Price Index.

FOR FURTHER INFORMATION CONTACT: Ben Golant, Assistant General Counsel, 
and Tanya M. Sandros, General Counsel, Copyright GC/I&R, P.O. Box 
70400, Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 
707-8366.

SUPPLEMENTARY INFORMATION: Pursuant to Section 119(c) and our 
implementing rules, we are hereby giving notice to the public that 
royalty rates will be adjusted for the accounting period commencing 
January 1, 2008, based on changes in the Consumer Price Index. This 
action is consistent with voluntary agreements reached between 
satellite carriers and copyright owners under the Copyright Act.
    Section 119 and royalty payments for analog television signals. In 
2004, Congress enacted the Satellite Home Viewer Extension and 
Reauthorization Act (``SHVERA''). SHVERA extended for an additional 
five years the statutory license for satellite carriers retransmitting 
over-the-air television broadcast stations to their subscribers and 
made a number of amendments to the license. One of the amendments to 
Section 119 sets forth a process for adjusting the royalty fees paid by 
satellite carriers for retransmitting analog television network and 
superstations. 17 U.S.C. 119(c)(1). The law directs the Librarian of 
Congress to publish notice in the Federal Register requesting satellite 
carriers, distributors and copyright owners to submit to the Copyright 
Office any voluntary agreements they have negotiated as to the 
adjustment of the rates for analog stations. The Library published such 
a notice on December 30, 2004, and, pursuant to the statute, requested 
that any agreements be submitted no later than January 10, 2005. 69 FR 
78482 (December 30, 2004).
    The Office received one agreement, submitted jointly by the 
satellite carriers DirecTV, Inc. and EchoStar Satellite L.L.C., the 
copyright owners of motion pictures and syndicated television series 
represented by the Motion Picture Association of America, and the 
copyright owners of sports programming represented by the Office of the 
Commissioner of Baseball. Section 119(c)(1)(D)(ii)(II) requires the 
Library to ``provide public notice of the royalty fees from the 
voluntary agreement and afford parties an opportunity to state that 
they object to those fees.'' 17 U.S.C. 119(c)(1)(D)(ii)(II). The 
Library published a Notice of Proposed Rulemaking on January 26, 2005, 
to fulfill this requirement. 70 FR 3656 (January 26, 2005). No 
objections were received. Consequently, the Library adopted the rates 
in the voluntary agreement as final. 70 FR 17320 (Apr. 6, 2005).
    The terms and conditions of the agreement were codified at Section 
258.3 of the Copyright Office's rules. Paragraph (g) of this rule 
specifically states, with regard to private home viewing, that the 2007 
rate per subscriber per month for distant superstations and network 
stations shall be adjusted for the amount of inflation as measured by 
the change in the Consumer Price Index for all urban consumers from 
January 2007 to January 2008. For viewing in commercial establishments, 
the 2007 rate per subscriber per month for viewing distant 
superstations in commercial establishments shall be adjusted for the 
amount of inflation as measured by the change in the Consumer Price 
Index for all urban consumers from January 2007 to January 2008.
    Section 119 and royalty payments for digital television signals. 
Another amendment to Section 119 promulgated by SHVERA set forth a 
process, for the first time, for adjusting the royalty fees paid by 
satellite carriers for the retransmission of digital broadcast signals. 
17 U.S.C. 119(c)(2). The law set the initial rates as the rates set by 
the Librarian in 1997 for the retransmission of analog broadcast 
signals, 37 CFR 258.3(b)(1)-(2), reduced by 22.5 percent. 17 U.S.C. 
119(c)(2)(A). These rates are to be adjusted in accordance with the 
procedures set forth in Section 119(c)(1) as directed by Section 
119(c)(2) 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 would be in place before the July 31, 2005, 
deadline for satellite carriers to pay royalties for the first 
accounting period of 2005. The Office granted the request and, pursuant 
to Section 119(c)(1), published a Notice in the Federal Register 
initiating a voluntary negotiation period and requesting that any 
agreements reached during this period be submitted no later than April 
25, 2005. See 70 FR 15368 (March 25, 2005).
    In accordance with the March 25 Notice, the Office received one 
agreement, submitted jointly by the satellite carriers EchoStar 
Satellite L.L.C. and DirecTV, Inc., the copyright owners of motion 
pictures and syndicated television series represented by the Motion 
Picture Association of America, and the copyright owners of sports 
programming represented by the Office of the Commissioner of Baseball. 
The agreement proposed rates for the private home viewing of distant 
superstations and distant network stations for the 2005-2009 period, as 
well as the viewing of those signals for commercial establishments.
    As required by statute, the Library provided public notice of the 
royalty fees from the voluntary agreement and afforded parties an 
opportunity to state that they object to those fees. 17 U.S.C. 
119(c)(1)(D)(ii)(II). The Library published a Notice of Proposed 
Rulemaking on May 17, 2005, to fulfill this requirement. 70 FR 28231 
(May 17, 2005). The Office received no objections as a result of the 
Notice. Consequently, the Library adopted the rates as set forth in the 
voluntary agreement as final. 70 FR 39178 (Jul. 7, 2006).
    The terms and conditions of the agreement were codified at Section 
258.4 of the Copyright Office's rules. Paragraph (d) of the rule states 
the royalty rate for secondary transmission of digital signals of 
broadcast stations by satellite carriers and the process for 
readjusting the rates for the accounting period commencing on January 
1, 2008. For private home viewing, the 2007 rate per subscriber per 
month for distant superstations and network stations shall be adjusted 
for the amount of inflation

[[Page 68199]]

as measured by the change in the Consumer Price Index for all Urban 
Consumers from January 2007 to January 2008. For viewing in commercial 
establishments, the 2007 rate per subscriber per month for viewing 
distant superstations in commercial establishments shall be adjusted 
for the amount of inflation as measured by the change in the Consumer 
Price Index for all Urban Consumers from January 2007 to January 2008.
    Conclusion. The Office shall be adjusting the royalty rates for the 
secondary transmission of the analog and digital transmissions of 
network and superstations to reflect changes in the Consumer Price 
Index for all Urban Consumers from January 2007 to January 2008. 
Another notice will be published after January 1, 2008, to announce the 
new CPI adjustments.

    Dated: November 29, 2007.
Tanya M. Sandros,
General Counsel
[FR Doc. E7-23520 Filed 12-3-07; 8:45 am]
BILLING CODE 1410-30-S