Distribution of the 2009 Cable Royalty Funds, 55122-55123 [2011-22620]

Download as PDF 55122 Federal Register / Vol. 76, No. 172 / Tuesday, September 6, 2011 / Notices that period. Each such affidavit shall also include a description of the efforts GE has taken to solicit buyers for the Divestiture Assets, and to provide required information to prospective Acquirers, including the limitations, if any, on such information. Assuming the information set forth in the affidavit is true and complete, any objection by the United States to information provided by GE, including limitations on information, shall be made within fourteen (14) calendar days of receipt of such affidavit. B. Within twenty (20) calendar days of the filing of the Complaint in this matter, GE shall deliver to the United States an affidavit that describes in reasonable detail all actions defendants have taken and all steps defendants have implemented on an ongoing basis to comply with Section VIII of this Final Judgment. GE shall deliver to the United States an affidavit describing any changes to the efforts and actions outlined in defendants’ earlier affidavits filed pursuant to this Section within fifteen (15) calendar days after the change is implemented. C. Defendants shall keep all records of all efforts made to preserve and divest the Divestiture Assets until one year after such divestiture has been completed. mstockstill on DSK4VPTVN1PROD with NOTICES X. Compliance Inspection A. For the purposes of determining or securing compliance with this Final Judgment, or of determining whether the Final Judgment should be modified or vacated, and subject to any legally recognized privilege, from time to time authorized representatives of the United States Department of Justice Antitrust Division, including consultants and other persons retained by the United States, shall, upon written request of an authorized representative of the Assistant Attorney General in charge of the Antitrust Division, and on reasonable notice to defendants, be permitted: (1) Access during defendants’ office hours to inspect and copy, or at the option of the United States, to require defendants to provide hard copy or electronic copies of, all books, ledgers, accounts, records, data, and documents in the possession, custody, or control of defendants, relating to any matters contained in this Final Judgment; and (2) To interview, either informally or on the record, defendants’ officers, employees, or agents, who may have their individual counsel present, regarding such matters. The interviews shall be subject to the reasonable convenience of the interviewee and VerDate Mar<15>2010 18:00 Sep 02, 2011 Jkt 223001 without restraint or interference by defendants. B. Upon the written request of an authorized representative of the Assistant Attorney General in charge of the Antitrust Division, defendants shall submit written reports or respond to written interrogatories, under oath if requested, relating to any of the matters contained in this Final Judgment as may be requested. C. No information or documents obtained by the means provided in this section shall be divulged by the United States to any person other than an authorized representative of the executive branch of the United States, except in the course of legal proceedings to which the United States is a party (including grand jury proceedings), or for the purpose of securing compliance with this Final Judgment, or as otherwise required by law. D. If, at the time information or documents are furnished by defendants to the Antitrust Division, defendants represent and identify in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure, and defendants mark each pertinent page of such material, ‘‘Subject to claim of protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure,’’ then the United States shall give defendants ten calendar days notice prior to divulging such material in any legal proceeding (other than a grand jury proceeding). XI. No Reacquisition Defendants may not reacquire any part of the Divestiture Assets during the term of this Final Judgment. XII. Retention of Jurisdiction This Court retains jurisdiction to enable any party to this Final Judgment to apply to this Court at any time for further orders and directions as may be necessary or appropriate to carry out or construe this Final Judgment, to modify any of its provisions, to enforce compliance, and to punish violations of its provisions. XIII. Expiration of Final Judgment Unless this Court grants an extension, this Final Judgment shall expire ten (10) years from the date of its entry. XIV. Public Interest Determination Entry of this Final Judgment is in the public interest. The parties have complied with the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. 16, including making copies available to the public of this Final PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 Judgment, the Competitive Impact Statement, and any comments thereon and the United States’s responses to comments. Based upon the record before the Court, which includes the Competitive Impact Statement and any comments and response to comments filed with the Court, entry of this Final Judgment is in the public interest. Date: llllllllllllllll Court Approval Subject to Procedures of Antitrust Procedures and Penalties Act, 15 U.S.C. 16 llllllllllllllllll l United States District Judge [FR Doc. 2011–22623 Filed 9–2–11; 8:45 am] BILLING CODE P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2011–7 CRB CD 2009] Distribution of the 2009 Cable Royalty Funds Copyright Royalty Board, Library of Congress. ACTION: Notice requesting comments. AGENCY: The Copyright Royalty Judges are soliciting comments on a motion of Phase I claimants for partial distribution in connection with the 2009 cable royalty funds. The Judges are also requesting comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2009 cable royalty funds. DATES: Comments are due on or before October 6, 2011. 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, SUMMARY: E:\FR\FM\06SEN1.SGM 06SEN1 Federal Register / Vol. 76, No. 172 / Tuesday, September 6, 2011 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 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 August 5, 2011, 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 the 2009 cable royalty funds pursuant to Section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 801(b)(3)(C). Under that section of the Copyright Act, before ruling on a partial distribution motion the Judges must publish a notice in the Federal Register seeking responses to the motion to ascertain whether any claimant entitled to receive such royalty fees has a reasonable objection to the proposed distribution. Consequently, this Notice seeks comments from interested claimants on whether any 1 The ‘‘Phase I Parties’’ are the Program Suppliers, Joint Sports Claimants, Public Television Claimants, Commercial Television Claimants (represented by National Association of Broadcasters), Music Claimants (represented by American Society of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.), Canadian Claimants, National Public Radio, and the Devotional Claimants. In Phase I of a cable royalty distribution proceeding, royalties are allocated among 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 proceeding, royalties are allocated among claimants within each of the Phase I categories. VerDate Mar<15>2010 18:00 Sep 02, 2011 Jkt 223001 reasonable objection exists that would preclude the distribution of 50% of the 2009 cable royalty funds to the Phase I Parties. The Judges must be advised of the existence and extent of all such 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 that period. The Judges also seek comment on the existence and extent of any controversies to the 2009 cable royalty funds at Phase I or Phase II with respect to those funds that would remain if the partial distribution is granted. The Motion of Phase I Claimants for Partial Distribution is posted on the Copyright Royalty Board Web site at https://www.loc.gov/crb. Dated: August 30, 2011. James Scott Sledge, Chief U.S. Copyright Royalty Judge. [FR Doc. 2011–22620 Filed 9–2–11; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2011–8 CRB SD 2009] Distribution of the 2009 Satellite Royalty Funds Copyright Royalty Board, Library of Congress. ACTION: Notice requesting comments. AGENCY: The Copyright Royalty Judges are soliciting comments on a motion of Phase I claimants for partial distribution in connection with the 2009 satellite royalty funds. The Judges are also requesting comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2009 satellite royalty funds. DATES: Comments are due on or before October 6, 2011. 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., SUMMARY: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 55123 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: On August 5, 2011, representatives of the Phase I claimant categories (the ‘‘Phase I Claimants’’) 1 filed with the Judges a motion requesting a partial distribution of 50% of the 2009 satellite royalty funds pursuant to section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 801(b)(3)(C). That section requires that 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 such fees has a reasonable objection to the requested distribution before ruling on the motion. Consequently, this Notice seeks comments from interested claimants on whether any reasonable objection exists that would preclude the distribution of 50% of the 2009 satellite royalty funds to the Phase I Claimants. The Judges must be advised of the existence and extent of all such 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 that period. The Judges also seek comment on the existence and extent of any controversies to the 2009 satellite royalty funds at Phase I or Phase II with respect to those funds that would 1 The ‘‘Phase I Claimants’’ are the Program Suppliers, Joint Sports Claimants, Broadcaster Claimants Group, Music Claimants (American Society of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.), and Devotional Claimants. In Phase I of a satellite royalty distribution proceeding, royalties are allocated among certain categories of broadcast programming that have been retransmitted by satellite systems. The categories have traditionally been movies and syndicated television series, sports programming, commercial broadcaster-owned programming, religious programming, and music. Public Television Claimants, Canadian Claimants, and National Public Radio, which traditionally have received Phase I shares of cable royalties, do not claim Phase I shares of the satellite royalty funds. In Phase II of a satellite royalty distribution proceeding, royalties are allocated among claimants within each of the Phase I categories. E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Notices]
[Pages 55122-55123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22620]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2011-7 CRB CD 2009]


Distribution of the 2009 Cable Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice requesting comments.

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

SUMMARY: The Copyright Royalty Judges are soliciting comments on a 
motion of Phase I claimants for partial distribution in connection with 
the 2009 cable royalty funds. The Judges are also requesting comments 
as to the existence of Phase I and Phase II controversies with respect 
to the distribution of 2009 cable royalty funds.

DATES: Comments are due on or before October 6, 2011.

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,

[[Page 55123]]

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 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 August 5, 2011, 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 the 2009 cable royalty 
funds pursuant to Section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 
801(b)(3)(C). Under that section of the Copyright Act, before ruling on 
a partial distribution motion the Judges must publish a notice in the 
Federal Register seeking responses to the motion to ascertain whether 
any claimant entitled to receive such royalty fees has a reasonable 
objection to the proposed distribution. Consequently, this Notice seeks 
comments from interested claimants on whether any reasonable objection 
exists that would preclude the distribution of 50% of the 2009 cable 
royalty funds to the Phase I Parties. The Judges must be advised of the 
existence and extent of all such 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 that period.
---------------------------------------------------------------------------

    \1\ The ``Phase I Parties'' are the Program Suppliers, Joint 
Sports Claimants, Public Television Claimants, Commercial Television 
Claimants (represented by National Association of Broadcasters), 
Music Claimants (represented by American Society of Composers, 
Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.), 
Canadian Claimants, National Public Radio, and the Devotional 
Claimants. In Phase I of a cable royalty distribution proceeding, 
royalties are allocated among 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 proceeding, royalties are allocated among 
claimants within each of the Phase I categories.
---------------------------------------------------------------------------

    The Judges also seek comment on the existence and extent of any 
controversies to the 2009 cable royalty funds at Phase I or Phase II 
with respect to those funds that would remain if the partial 
distribution is granted.
    The Motion of Phase I Claimants for Partial Distribution is posted 
on the Copyright Royalty Board Web site at https://www.loc.gov/crb.

    Dated: August 30, 2011.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2011-22620 Filed 9-2-11; 8:45 am]
BILLING CODE 1410-72-P

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