Rate Adjustment for the Satellite Carrier Compulsory License, 32228-32229 [2010-13575]

Download as PDF 32228 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Notices Katherine Ward, Executive Assistant to the Vice President for Legal Affairs, at (202) 295–1500. Questions may be sent by electronic mail to FR_NOTICE_QUESTIONS@lsc.gov. 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 Katherine Ward at (202) 295–1500 or FR_NOTICE_QUESTIONS@lsc.gov. June 2, 2010. Patricia D. Batie, Corporate Secretary. [FR Doc. 2010–13639 Filed 6–3–10; 11:15 am] BILLING CODE 7050–01–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2010–4 CRB Satellite Rate] Rate Adjustment for the Satellite Carrier Compulsory License WReier-Aviles on DSKGBLS3C1PROD with NOTICES AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Notice of voluntary negotiation period. SUMMARY: The Copyright Royalty Judges are announcing the voluntary negotiation period for the purpose of determining the royalty fees to be paid by satellite carriers under the satellite carrier compulsory license. DATES: The voluntary negotiation period commences on June 7, 2010, and concludes on June 17, 2010. ADDRESSES: 1 If hand delivered by a private party, an original and five copies of voluntary agreements should be brought to the Library of Congress, U.S. Copyright Office, Room LM–401, James Madison Memorial Building, 101 Independence Avenue, SE., Washington, DC 20559, between 8:30 a.m. and 5 p.m. The envelope should be addressed as follows: Office of the General Counsel, U.S. Copyright Office. If delivered by a commercial courier, an original and five copies of voluntary agreements must be delivered to the Congressional Courier Acceptance Site (‘‘CCAS’’) located at 2nd and D Streets, NE., Washington, DC, between 8:30 a.m. and 4 p.m. The envelope should be 1 Section 119(c)(D)(i) of the Copyright Act, title 17 of the United States Code, requires that voluntary agreements be filed with the Copyright Office within 30 days of execution of the agreement. The Satellite Television Extension and Localism Act of 2010 does not change this provision. VerDate Mar<15>2010 15:27 Jun 04, 2010 Jkt 220001 addressed as follows: Office of the General Counsel, U.S. Copyright Office, LM–403, James Madison Memorial Building, 101 Independence Avenue, SE., Washington, DC 20559. Please note that CCAS will not accept delivery by means of overnight delivery services such as Federal Express, United Parcel Service or DHL. 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 U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or Gina Giuffreda, Attorney Advisor, by telephone at (202) 707–7658 or by email at crb@loc.gov. SUPPLEMENTARY INFORMATION: under the Satellite Home Viewer Extension and Reauthorization Act of 2004 (‘‘SHVERA’’), copyright owners and satellite carriers reached separate voluntary agreements regarding the rates to be paid for analog and digital signals carried by satellite carriers; and the Librarian adopted the respective rates. See 70 FR 17320 (April 6, 2005) and 70 FR 39178 (July 7, 2005). STELA, in which Congress authorizes the Copyright Royalty Judges to determine the applicable satellite royalty rates moving forward, requires adjustment of the current rates to be paid by satellite carriers for the secondary transmission of the primary transmission of network stations and superstations. See 17 U.S.C. 119(c)(1)(B) & (F). This notice begins the process mandated by the statute. Background CONTACT PERSON FOR INFORMATION: Voluntary Negotiation Period Sections 119(c)(1)(B) of the Copyright Act, title 17 of the United States Code, provides that ‘‘[o]n or before June 1, 2010, the Copyright Royalty Judges 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 * * * under subsection (b)(1)(B).’’ 2 This notice initiates the voluntary negotiation period. The statute provides that ‘‘[w]ithin 10 days after publication in the Federal Register of a notice of the initiation of voluntary negotiation proceedings, parties who have reached a voluntary agreement may request that the royalty fees in that agreement be applied to all satellite carriers, distributors, and copyright owners without convening a proceeding under subparagraph (F).’’ 17 U.S.C. 119(c)(1)(D)(ii)(I). In accordance with this provision, the voluntary negotiation period commences today, June 7, 2010, and concludes June 17, 2010. If a voluntary agreement is reached by the end of the negotiation period, the parties can request that the Judges 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 intention to participate in a proceeding. 17 U.S.C. 119(c)(1)(D)(ii)(III). If an objection to the voluntary agreement is received or if the parties are unable to reach a voluntary agreement, the Judges will commence a rate proceeding in accordance with The satellite carrier compulsory license establishes a statutory copyright licensing scheme for satellite carriers that retransmit television broadcast signals to satellite dish owners for their private home viewing. 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 license for additional five-year periods in 1994, 1999, and 2004, and the license was slated to expire on December 1, 2009. However, Congress again reauthorized the satellite license for another five years with the passage of the Satellite Television Extension and Localism Act of 2010, (‘‘STELA’’), Public Law No. 111–175, which was signed into law by the President on May 27, 2010. Satellite carriers pay royalties based on a flat, per-subscriber, per-month fee. These rates were set initially 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 129052 (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, ad hoc Copyright Arbitration Royalty Panels (‘‘CARPs’’) administered by the Librarian of Congress and the Copyright Office. 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. When Congress again reauthorized the license PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 2 Since STELA was not signed until May 27, 2010, this notice is being published as soon as practicable after its enactment. E:\FR\FM\07JNN1.SGM 07JNN1 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Notices section 119(c)(1)(F). Therefore, should a rate proceeding become necessary, the Judges will publish a subsequent notice commencing the proceeding and calling for the filing of petitions to participate. Dated: June 2, 2010. James S. Sledge, Chief U.S. Copyright Royalty Judge. [FR Doc. 2010–13575 Filed 6–4–10; 8:45 am] BILLING CODE 1410–72–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Advisory Committee on the Records of Congress AGENCY: National Archives and Records Administration. ACTION: Notice of meeting. SUMMARY: In accordance with the Federal Advisory Committee Act, the National Archives and Records Administration (NARA) announces a meeting of the Advisory Committee on the Records of Congress. The committee advises NARA on the full range of programs, policies, and plans for the Center for Legislative Archives in the Office of Records Services. DATES: June 21, 2010 from 10 a.m. to 11:30 a.m. Capitol Visitor Center, Congressional Meeting Room South. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Richard H. Hunt, Director; Center for Legislative Archives; (202) 357–5350. SUPPLEMENTARY INFORMATION: WReier-Aviles on DSKGBLS3C1PROD with NOTICES Agenda (1) Chair’s opening remarks—Clerk of the House. (2) Recognition of Co-chair—Secretary of the Senate. (3) Recognition of the Archivist of the United States. (4) Approval of the minutes of the last meeting. (5) Discussion of on-going projects and activities. (6) Annual Report of the Center for Legislative Archives. (7) Other current issues and new business. The meeting is open to the public. Dated: May 26, 2010. Mary Ann Hadyka, Committee Management Officer. [FR Doc. 2010–13577 Filed 6–4–10; 8:45 am] BILLING CODE 7515–01–P VerDate Mar<15>2010 15:27 Jun 04, 2010 Jkt 220001 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION National Declassification Center (NDC) AGENCY: National Archives and Records Administration. ACTION: Notice of meeting. SUMMARY: Pursuant to Section 3.7(d) of Executive Order 13526, Classified National Security Information, announcement is made for the National Declassification Center (NDC) Prioritization Plan Public Meeting. The meeting is being held to solicit public input regarding declassification priorities as identified by the Draft Prioritization Plan developed by The National Declassification Center. This draft plan is available for review at http://www.archives.gov/ declassification/prioritizationplan.html. This meeting will be open to the public. To ensure that all interested parties have the opportunity to comment, individual remarks may be limited to 10 minutes. Due to access procedure requirements, the name and telephone number of individuals planning to attend must be submitted to the National Declassification Center. Information may be submitted via email, ndc@nara.gov or via phone 301– 837–0587. NDC will provide additional instructions for gaining access to the location of the meeting. DATES: The meeting will be held on June 23, 2010 from 2 p.m.–4 p.m. ADDRESSES: National Archives and Records Administration, 700 Pennsylvania Avenue, NW., McGowan Theater, Washington, DC 20408. FOR FURTHER INFORMATION CONTACT: Don McIlwain, Supervisory Archivist, National Declassification Center, National Archives at College Park, 8601 Adelphi Road, College Park, MD 20740; 301–837–0587. Dated: June 1, 2010. David S. Ferriero, Archivist of the United States. [FR Doc. 2010–13580 Filed 6–4–10; 8:45 am] BILLING CODE 7515–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on ABWR The ACRS Subcommittee on Advanced Boiling Water Reactor (ABWR) will hold a meeting on June 23–24, 2010, Room T–2B3, 11545 Rockville Pike, Rockville, Maryland. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 32229 The entire meeting will be open to public attendance, with the exception of a portion that may be closed to protect proprietary information pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows: June 23, 2010—1:30 p.m.–5 p.m., June 24, 2010—8:30 a.m. until 5 p.m. The purpose of this meeting is to review Chapters 6, 10, and 13 of the Safety Evaluation Report with Open Items associated with the combined license application for the South Texas Project Units 3 and 4. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, the South Texas Project Nuclear Operating Company, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Maitri Banerjee (Telephone 301–415–6973 or E-mail Maitri.Banerjee@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be e-mailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 14, 2009 (74 FR 58268–58269). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at http://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the website cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 75, Number 108 (Monday, June 7, 2010)]
[Notices]
[Pages 32228-32229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13575]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2010-4 CRB Satellite Rate]


Rate Adjustment for the Satellite Carrier Compulsory License

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice of voluntary negotiation period.

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

SUMMARY: The Copyright Royalty Judges are announcing the voluntary 
negotiation period for the purpose of determining the royalty fees to 
be paid by satellite carriers under the satellite carrier compulsory 
license.

DATES: The voluntary negotiation period commences on June 7, 2010, and 
concludes on June 17, 2010.

ADDRESSES: \1\ If hand delivered by a private party, an original and 
five copies of voluntary agreements should be brought to the Library of 
Congress, U.S. Copyright Office, Room LM-401, James Madison Memorial 
Building, 101 Independence Avenue, SE., Washington, DC 20559, between 
8:30 a.m. and 5 p.m. The envelope should be addressed as follows: 
Office of the General Counsel, U.S. Copyright Office. If delivered by a 
commercial courier, an original and five copies of voluntary agreements 
must be delivered to the Congressional Courier Acceptance Site 
(``CCAS'') located at 2nd and D Streets, NE., Washington, DC, between 
8:30 a.m. and 4 p.m. The envelope should be addressed as follows: 
Office of the General Counsel, U.S. Copyright Office, LM-403, James 
Madison Memorial Building, 101 Independence Avenue, SE., Washington, DC 
20559. Please note that CCAS will not accept delivery by means of 
overnight delivery services such as Federal Express, United Parcel 
Service or DHL. 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 U.S. Copyright Office, 
Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024.
---------------------------------------------------------------------------

    \1\ Section 119(c)(D)(i) of the Copyright Act, title 17 of the 
United States Code, requires that voluntary agreements be filed with 
the Copyright Office within 30 days of execution of the agreement. 
The Satellite Television Extension and Localism Act of 2010 does not 
change this provision.

FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or 
Gina Giuffreda, Attorney Advisor, by telephone at (202) 707-7658 or by 
---------------------------------------------------------------------------
e-mail at crb@loc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The satellite carrier compulsory license establishes a statutory 
copyright licensing scheme for satellite carriers that retransmit 
television broadcast signals to satellite dish owners for their private 
home viewing. 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 license for additional five-year periods in 1994, 
1999, and 2004, and the license was slated to expire on December 1, 
2009. However, Congress again reauthorized the satellite license for 
another five years with the passage of the Satellite Television 
Extension and Localism Act of 2010, (``STELA''), Public Law No. 111-
175, which was signed into law by the President on May 27, 2010.
    Satellite carriers pay royalties based on a flat, per-subscriber, 
per-month fee. These rates were set initially 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 129052 (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, ad hoc Copyright Arbitration Royalty Panels 
(``CARPs'') administered by the Librarian of Congress and the Copyright 
Office. 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. When Congress again 
reauthorized the license under the Satellite Home Viewer Extension and 
Reauthorization Act of 2004 (``SHVERA''), copyright owners and 
satellite carriers reached separate voluntary agreements regarding the 
rates to be paid for analog and digital signals carried by satellite 
carriers; and the Librarian adopted the respective rates. See 70 FR 
17320 (April 6, 2005) and 70 FR 39178 (July 7, 2005).
    STELA, in which Congress authorizes the Copyright Royalty Judges to 
determine the applicable satellite royalty rates moving forward, 
requires adjustment of the current rates to be paid by satellite 
carriers for the secondary transmission of the primary transmission of 
network stations and superstations. See 17 U.S.C. 119(c)(1)(B) & (F). 
This notice begins the process mandated by the statute.

Voluntary Negotiation Period

    Sections 119(c)(1)(B) of the Copyright Act, title 17 of the United 
States Code, provides that ``[o]n or before June 1, 2010, the Copyright 
Royalty Judges 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 * * * under subsection (b)(1)(B).'' \2\ This notice initiates 
the voluntary negotiation period.
---------------------------------------------------------------------------

    \2\ Since STELA was not signed until May 27, 2010, this notice 
is being published as soon as practicable after its enactment.
---------------------------------------------------------------------------

    The statute provides that ``[w]ithin 10 days after publication in 
the Federal Register of a notice of the initiation of voluntary 
negotiation proceedings, parties who have reached a voluntary agreement 
may request that the royalty fees in that agreement be applied to all 
satellite carriers, distributors, and copyright owners without 
convening a proceeding under subparagraph (F).'' 17 U.S.C. 
119(c)(1)(D)(ii)(I). In accordance with this provision, the voluntary 
negotiation period commences today, June 7, 2010, and concludes June 
17, 2010.
    If a voluntary agreement is reached by the end of the negotiation 
period, the parties can request that the Judges 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 intention to 
participate in a proceeding. 17 U.S.C. 119(c)(1)(D)(ii)(III). If an 
objection to the voluntary agreement is received or if the parties are 
unable to reach a voluntary agreement, the Judges will commence a rate 
proceeding in accordance with

[[Page 32229]]

section 119(c)(1)(F). Therefore, should a rate proceeding become 
necessary, the Judges will publish a subsequent notice commencing the 
proceeding and calling for the filing of petitions to participate.

    Dated: June 2, 2010.
James S. Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2010-13575 Filed 6-4-10; 8:45 am]
BILLING CODE 1410-72-P