Distribution of the 2004 and 2005 Cable Royalty Funds, 5597-5598 [E8-1661]
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Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices
corresponding Petition to Participate
will be dismissed.
Further procedural matters, including
scheduling, will be addressed after
Petitions to Participate have been
received.
Note that in accordance with 37 CFR
350.2 (Representation), only attorneys
who are members of the bar in one or
more states and in good standing will be
allowed to represent parties before the
Copyright Royalty Judges, unless the
party is an individual who represents
herself or himself.
Dated: January 24, 2008.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E8–1672 Filed 1–29–08; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
Distribution of 1999, 2000, 2001, 2002,
2003, 2004 and 2005 Satellite Royalty
Funds
Copyright Royalty Board,
Library of Congress.
ACTION: Request for comments.
AGENCY:
SUMMARY: The Copyright Royalty Judges
are requesting comments as to the
existence of controversies at Phase I and
Phase II for distribution of the 1999
through 2005 royalty funds collected
under the satellite carrier statutory
license.
Comments are due on or before
February 29, 2008.
ADDRESSES: Comments may be sent
electronically to crb@loc.gov. In the
alternative, send an original, five copies,
and an electronic copy on a CD either
by mail or hand delivery. Please do not
use multiple means of transmission.
Comments may not be delivered by an
overnight delivery service other than the
U.S. Postal Service Express Mail. If by
mail (including overnight delivery),
comments must be addressed to:
Copyright Royalty Board, P.O. Box
70977, Washington, DC 20024–0977. If
hand delivered by a private party,
comments must be brought to the
Library of Congress, James Madison
Memorial Building, LM–401, 101
Independence Avenue, SE.,
Washington, DC 20559–6000. If
delivered by a commercial courier,
comments must be delivered to the
Congressional Courier Acceptance Site
located at 2nd and D Street, NE.,
Washington, DC. The envelope must be
addressed to: Copyright Royalty Board,
Library of Congress, James Madison
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DATES:
VerDate Aug<31>2005
18:49 Jan 29, 2008
Jkt 214001
5597
Memorial Building, LM–403, 101
Independence Avenue, SE.,
Washington, DC 20559–6000.
LIBRARY OF CONGRESS
FOR FURTHER INFORMATION CONTACT:
[Docket No. 2007–3 CRB CD 2004–2005]
Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by
telephone at (202) 707–7658 or e-mail at
crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
Each year, semiannually, satellite
carriers must submit royalty payments
to the Copyright Office as required by
the satellite carrier statutory license for
the privilege of retransmitting over-theair television broadcast stations. 17
U.S.C. 119. These royalties are then
distributed to copyright owners whose
works were included in such
retransmissions and who timely file a
claim for royalties. Distribution of the
royalties for each calendar year are
conducted by the Copyright Royalty
Judges in two phases. At Phase I, the
royalties are divided among the
representatives of the major categories
of copyrightable content (movies, sports
programming, music, etc.) requesting
the distribution. At Phase II, the
royalties are divided among the various
copyright owners within each category.
Final distribution of royalties in any
given royalty year may be made by
agreement of all the copyright owners
making claim to the funds. If, however,
there is a controversy as to the proper
distribution, either at Phase I or Phase
II, the Copyright Royalty Judges are
required to conduct a proceeding under
chapter 8 of the Copyright Act. See 17
U.S.C. 119(b)(4)(B).
Request for Comments
In order to determine whether further
proceedings are necessary for the
distribution of the 1999–2005 satellite
royalty funds, the Copyright Royalty
Judges request that interested copyright
claimants identify the existence of both
Phase I and Phase II controversies.
Claimants should identify the specific
royalty years in which they have a
controversy, whether the controversy is
at Phase I and/or Phase II, and the
approximate extent of the controversy.
In addition, the Judges seek comment as
to the advisability of consolidating
multiple royalty years into a single
distribution proceeding and what, if
any, royalty years should be
consolidated.
Dated: January 24, 2008.
James Scott Sledge,
Chief, Copyright Royalty Judge.
[FR Doc. E8–1663 Filed 1–29–08; 8:45 am]
BILLING CODE 1410–72–P
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Copyright Royalty Board
Distribution of the 2004 and 2005 Cable
Royalty Funds
Copyright Royalty Board,
Library of Congress.
ACTION: Notice announcing partial Phase
I settlement and soliciting comments on
motion for partial distribution.
AGENCY:
SUMMARY: The Copyright Royalty Judges
are announcing a partial Phase I
settlement in connection with the 2004
and 2005 cable royalty funds. The
Judges are also soliciting comments on
a motion for partial distribution in
connection with those funds.
DATES: Comments are due on or before
February 29, 2008.
ADDRESSES: Comments may be sent
electronically to crb@loc.gov. In the
alternative, send an original, five copies,
and an electronic copy on a CD either
by mail or hand delivery. Please do not
use multiple means of transmission.
Comments may not be delivered by an
overnight delivery service other than the
U.S. Postal Service Express Mail. If by
mail (including overnight delivery),
comments must be addressed to:
Copyright Royalty Board, P.O. Box
70977, Washington, DC 20024–0977. If
hand delivered by a private party,
comments must be brought to the
Library of Congress, James Madison
Memorial Building, LM–401, 101
Independence Avenue, SE.,
Washington, DC 20559–6000. If
delivered by a commercial courier,
comments must be delivered to the
Congressional Courier Acceptance Site
located at 2nd and D Street, NE.,
Washington, DC. The envelope must be
addressed to: Copyright Royalty Board,
Library of Congress, James Madison
Memorial Building, LM–403, 101
Independence Avenue, SE.,
Washington, DC 20559–6000.
FOR FURTHER INFORMATION CONTACT:
Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by
telephone at (202) 707–7658 or e-mail at
crb@loc.gov.
SUPPLEMENTARY INFORMATION: Each year
cable systems must submit royalty
payments to the Register of Copyrights
as required by the statutory license set
forth in section 111 of the Copyright Act
for the retransmission to cable
subscribers of over-the-air television
and radio broadcast signals. See 17
U.S.C. 111(d). These royalties are then
distributed to copyright owners whose
works were included in a qualifying
E:\FR\FM\30JAN1.SGM
30JAN1
5598
Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
transmission and who timely filed a
claim for royalties. Allocation of the
royalties collected occurs in one of two
ways. In the first instance, these funds
will be distributed through a negotiated
settlement among the parties. 17 U.S.C.
111(d)(4)(A). If the claimants do not
reach an agreement with respect to the
royalties, the Copyright Royalty Judges
(‘‘Judges’’) must conduct a proceeding to
determine the distribution of any
royalties that remain in controversy. 17
U.S.C. 111(d)(4)(B).
On November 2, 2007, representatives
of the Phase I claimant categories (the
‘‘Phase I Parties’’) 1 filed with the Judges
a motion requesting a partial
distribution of 50% of each of the 2004
and 2005 cable royalty funds. Under
section 801(b)(3)(C) of the Copyright
Act, the Judges must publish a notice in
the Federal Register seeking responses
to the motion for partial distribution to
ascertain whether any controversy exists
over the requested funds before ruling
on the motion. Consequently, by today’s
Notice, the Judges seek comments on
whether any controversy exists that
would preclude the distribution of 50%
of the 2004 and/or 2005 cable royalty
funds to the Phase I Parties.
The Judges also seek comment on the
existence and extent of any
controversies to the 2004 and 2005 cable
royalty funds, either at Phase I or Phase
II, with respect to the 50% of those
funds that would remain if the partial
distribution is granted. In Phase I of a
cable royalty distribution, royalties are
distributed to certain categories of
broadcast programming that have been
retransmitted by cable systems. The
categories have traditionally been
movies and syndicated television series,
sports programming, commercial and
noncommercial broadcaster-owned
programming, religious programming,
music, public radio programming, and
Canadian programming. In Phase II of a
cable royalty distribution, royalties are
distributed to claimants within each of
the Phase I categories. Any party
submitting comments on the existence
of a Phase II controversy must identify
the category or categories in which there
is a dispute and the extent of the
controversy or controversies.
The Judges must be advised of the
existence and extent of all Phase I and
Phase II controversies by the end of the
comment period. It will not consider
1 The ‘‘Phase I Parties’’ are the Program Suppliers,
Joint Sports Claimants, Public Television
Claimants, the National Association of
Broadcasters, the American Society of Composers,
Authors and Publishers, Broadcast Music, Inc.,
SESAC, Inc., Canadian Claimants, National Public
Radio, and the Devotional Claimants.
VerDate Aug<31>2005
18:49 Jan 29, 2008
Jkt 214001
any controversies that come to their
attention after the close of that period.
The Motion of the Phase I Claimants
for Partial Distribution is posted on the
Copyright Royalty Board Web site at
https://www.loc.gov/crb/proceedings/
2007–3/11–02–07-phase1motion.pdf.
Dated: January 24, 2008.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E8–1661 Filed 1–29–08; 8:45 am]
BILLING CODE 1410–72–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–20836; License No. 25–
21479–01; EA–07–303]
In the Matter of Mattingly Testing
Services, Inc., Molt, MT; Demand for
Information
I
Mattingly Testing Services, Inc.,
(Mattingly Testing) is the holder of
Materials License No. 25–21479–01
issued by the Nuclear Regulatory
Commission (NRC or Commission)
pursuant to 10 CFR Part 30 and 10 CFR
Part 34. The license, initially issued on
December 2, 1983, authorizes Mattingly
Testing to possess radioactive sealed
sources for use in industrial radiography
in Molt, Montana, and at temporary job
sites anywhere in the United States
where the NRC maintains jurisdiction
for regulating licensed material,
including areas of exclusive Federal
jurisdiction within Agreement States.
The license was last renewed in its
entirety on February 22, 2006, and is
due to expire on February 28, 2016.
II
On November 7, 2007, during an
inspection of Mattingly Testing’s
radiographic operations at a temporary
job site, several apparent violations of
NRC regulations were identified. In
addition, during a follow-up inspection
and investigation during the week of
November 12, 2007, the NRC inspector
and investigator were informed that
senior management of Mattingly Testing
discouraged employees from speaking
with NRC inspectors and investigators.
The NRC is concerned that an
environment exists within Mattingly
Testing’s workplace that could inhibit
employees from raising safety concerns
to the NRC. The NRC inspections and
investigation, which are still ongoing,
have indicated that:
1. Mattingly Testing’s control of
licensed material at temporary job sites
is not in compliance with NRC
requirements;
PO 00000
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Fmt 4703
Sfmt 4703
2. Mattingly Testing’s senior
management has apparently caused
employees to engage in activities that
are in violation of NRC regulations and
Orders; and
3. Mattingly Testing’s senior
management has discouraged employees
from raising safety concerns both to
their management and to the NRC.
This information demonstrates a lack
of management control and supervision
over licensed activities, raises questions
as to whether Mattingly Testing will
provide complete and accurate
information to the NRC in compliance
with 10 CFR 30.9, and whether
Mattingly Testing is complying with the
provisions with 10 CFR 19.15(b).
Therefore, further information is needed
to determine whether the Commission
can have reasonable assurance that
Mattingly Testing will comply with the
Commission’s requirements, ensure a
healthy work environment, provide
complete and accurate information to
the Commission and otherwise conduct
its activities in accordance with the
Commission’s requirements.
Accordingly, pursuant to sections
161c, 161o, 182 and 186 of the Atomic
Energy Act of 1954, as amended, and
the Commission’s regulations in 10 CFR
2.204, and 10 CFR 30.9, and 10 CFR
30.32(b), in order for the Commission to
determine whether your license should
be modified, suspended or revoked, or
other enforcement action taken to
ensure compliance with NRC regulatory
requirements, Mattingly Testing is
required to submit the following
information in writing to the Director,
Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, within 20 days of the
date of this Demand for Information. If
security-related information is necessary
to provide an acceptable response, you
must mark your entire response
‘‘Proprietary Information in accordance
with 10 CFR 2.390(d)(1)’’ and follow the
instructions for withholding in 10 CFR
2.390(b)(1). In accordance with 10 CFR
2.390(b)(1)(ii), the NRC is waiving the
affidavit requirements for your
response.
1. Provide the information requested
in the non-publicly available Appendix
to this Demand for Information.
2. Describe the actions it has taken
and plans to take to provide reasonable
assurance that its organization
establishes and maintains an
appropriate safety conscious work
environment1 where employees are free
1 NRC defines Safety Conscious Work
Environment as a work environment in which
employees are encouraged to raise safety concerns,
are free to raise concerns both to their own
E:\FR\FM\30JAN1.SGM
30JAN1
Agencies
[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Notices]
[Pages 5597-5598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1661]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2007-3 CRB CD 2004-2005]
Distribution of the 2004 and 2005 Cable Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice announcing partial Phase I settlement and soliciting
comments on motion for partial distribution.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges are announcing a partial Phase I
settlement in connection with the 2004 and 2005 cable royalty funds.
The Judges are also soliciting comments on a motion for partial
distribution in connection with those funds.
DATES: Comments are due on or before February 29, 2008.
ADDRESSES: Comments may be sent electronically to crb@loc.gov. In the
alternative, send an original, five copies, and an electronic copy on a
CD either by mail or hand delivery. Please do not use multiple means of
transmission. Comments may not be delivered by an overnight delivery
service other than the U.S. Postal Service Express Mail. If by mail
(including overnight delivery), comments must be addressed to:
Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If
hand delivered by a private party, comments must be brought to the
Library of Congress, James Madison Memorial Building, LM-401, 101
Independence Avenue, SE., Washington, DC 20559-6000. If delivered by a
commercial courier, comments must be delivered to the Congressional
Courier Acceptance Site located at 2nd and D Street, NE., Washington,
DC. The envelope must be addressed to: Copyright Royalty Board, Library
of Congress, James Madison Memorial Building, LM-403, 101 Independence
Avenue, SE., Washington, DC 20559-6000.
FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by telephone at (202) 707-7658 or e-
mail at crb@loc.gov.
SUPPLEMENTARY INFORMATION: Each year cable systems must submit royalty
payments to the Register of Copyrights as required by the statutory
license set forth in section 111 of the Copyright Act for the
retransmission to cable subscribers of over-the-air television and
radio broadcast signals. See 17 U.S.C. 111(d). These royalties are then
distributed to copyright owners whose works were included in a
qualifying
[[Page 5598]]
transmission and who timely filed a claim for royalties. Allocation of
the royalties collected occurs in one of two ways. In the first
instance, these funds will be distributed through a negotiated
settlement among the parties. 17 U.S.C. 111(d)(4)(A). If the claimants
do not reach an agreement with respect to the royalties, the Copyright
Royalty Judges (``Judges'') must conduct a proceeding to determine the
distribution of any royalties that remain in controversy. 17 U.S.C.
111(d)(4)(B).
On November 2, 2007, representatives of the Phase I claimant
categories (the ``Phase I Parties'') \1\ filed with the Judges a motion
requesting a partial distribution of 50% of each of the 2004 and 2005
cable royalty funds. Under section 801(b)(3)(C) of the Copyright Act,
the Judges must publish a notice in the Federal Register seeking
responses to the motion for partial distribution to ascertain whether
any controversy exists over the requested funds before ruling on the
motion. Consequently, by today's Notice, the Judges seek comments on
whether any controversy exists that would preclude the distribution of
50% of the 2004 and/or 2005 cable royalty funds to the Phase I Parties.
---------------------------------------------------------------------------
\1\ The ``Phase I Parties'' are the Program Suppliers, Joint
Sports Claimants, Public Television Claimants, the National
Association of Broadcasters, the American Society of Composers,
Authors and Publishers, Broadcast Music, Inc., SESAC, Inc., Canadian
Claimants, National Public Radio, and the Devotional Claimants.
---------------------------------------------------------------------------
The Judges also seek comment on the existence and extent of any
controversies to the 2004 and 2005 cable royalty funds, either at Phase
I or Phase II, with respect to the 50% of those funds that would remain
if the partial distribution is granted. In Phase I of a cable royalty
distribution, royalties are distributed to certain categories of
broadcast programming that have been retransmitted by cable systems.
The categories have traditionally been movies and syndicated television
series, sports programming, commercial and noncommercial broadcaster-
owned programming, religious programming, music, public radio
programming, and Canadian programming. In Phase II of a cable royalty
distribution, royalties are distributed to claimants within each of the
Phase I categories. Any party submitting comments on the existence of a
Phase II controversy must identify the category or categories in which
there is a dispute and the extent of the controversy or controversies.
The Judges must be advised of the existence and extent of all Phase
I and Phase II controversies by the end of the comment period. It will
not consider any controversies that come to their attention after the
close of that period.
The Motion of the Phase I Claimants for Partial Distribution is
posted on the Copyright Royalty Board Web site at https://www.loc.gov/
crb/proceedings/2007-3/11-02-07-phase1motion.pdf.
Dated: January 24, 2008.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E8-1661 Filed 1-29-08; 8:45 am]
BILLING CODE 1410-72-P