Determination of Reasonable Rates and Terms for Noncommercial Broadcasting, 24662-24667 [2012-9927]
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Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules
are required by a Federal agency rather
than submit a balance sheet that is
certified by a certified public accountant
(CPA). Additionally, a change that
affects the provision requiring banks to
give the Commission notice of actions
alleging insolvency or bankruptcy is
also being proposed. North Dakota is
proposing these changes both in order to
be compliant with state and Federal
banking regulations and to assist banks
that could possibly have difficulty
submitting CPA certified balance sheets.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the amendment
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the North Dakota program.
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Electronic or Written Comments
If you submit written comments, they
should be specific, confined to issues
pertinent to the proposed regulations,
and explain the reason for any
recommended change(s). We appreciate
any and all comments, but those most
useful and likely to influence decisions
on the final regulations will be those
that either involve personal experience
or include citations to and analyses of
SMCRA, its legislative history, its
implementing regulations, case law,
other pertinent state or Federal laws or
regulations, technical literature, or other
relevant publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed above (see
ADDRESSES) will be included in the
docket for this rulemaking and
considered.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available in the
electronic docket for this rulemaking at
www.regulations.gov. While you can ask
us in your comment to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4 p.m., m.d.t. on May 10, 2012. If you
are disabled and need reasonable
accommodations to attend a public
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hearing, contact the person listed under
We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
the hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at a public
hearing provide us with a written copy
of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
FOR FURTHER INFORMATION CONTACT.
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
IV. Procedural Determinations
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866
(Regulatory Planning and Review).
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
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List of Subjects in 30 CFR Part 934
Intergovernmental relations, Surface
mining, Underground mining.
Dated: March 7, 2012.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2012–9869 Filed 4–24–12; 8:45 am]
BILLING CODE 4310–05–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 2011–2 CRB NCEB II]
Determination of Reasonable Rates
and Terms for Noncommercial
Broadcasting
Copyright Royalty Board,
Library of Congress.
ACTION: Proposed rule.
AGENCY:
The Copyright Royalty Judges
are publishing for comment proposed
rates and terms for use of certain works
in connection with noncommercial
broadcasting for the period commencing
January 1, 2013, and ending on
December 31, 2017.
DATES: Comments and objections, if any,
are due no later than May 25, 2012.
ADDRESSES: Comments and objections
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 by hand
delivery. Please do not use multiple
means of transmission. Comments and
objections 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 and objections must be
addressed to: Copyright Royalty Board,
P.O. Box. 70977, Washington, DC
20024–0977. If hand delivered by a
private party, comments and objections
must be brought to the Copyright Office,
Public Information Office, Library of
Congress, James Madison Memorial
Building, Room LM–401, 101
Independence Avenue SE., Washington,
DC 20559–6000, between 8:30 a.m. and
5 p.m. If delivered by a commercial
courier, comments and objections must
be delivered between 8:30 a.m. and
4 p.m. to the Congressional Courier
Acceptance Site located at 2nd and D
Street NE., Washington, DC, and the
envelope must be addressed to:
Copyright Royalty Board, Library of
Congress, James Madison Memorial
Building, Room LM–403, 101
Independence Avenue SE., Washington,
DC 20559–6000.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
LaKeshia Keys, Program Specialist, by
telephone: (202) 707–7658 or email at
crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 118 of the Copyright Act, title
17 of the United States Code, establishes
a statutory license for the use of certain
copyrighted works in connection with
noncommercial television and radio
broadcasting. Chapter 8 of the Copyright
Act requires the Copyright Royalty
Judges (‘‘Judges’’) to conduct
proceedings every five years to
determine the rates and terms for the
section 118 license.1 17 U.S.C. 801(b)(1),
804(b)(6). In accordance with section
804(b)(6), the Judges commenced the
proceeding to set rates and terms for the
period 2008–2012 on January 9, 2006,
71 FR 1453, and published final
regulations setting those rates and terms
on November 30, 2007. 72 FR 67646.
Therefore, the next proceeding to
determine the rates and terms for the
section 118 license was to be
commenced in January 2011 for the
period 2013–2017. 17 U.S.C. 804(b)(6).
Accordingly, the Judges published in
the Federal Register a notice
commencing the proceeding to
determine the rates and terms for the
2013–2017 period and requesting
interested parties to submit their
petitions to participate. 76 FR 591
(January 5, 2011). Petitions to
Participate were received from: The
American Society of Authors,
Composers and Publishers (‘‘ASCAP’’);
SESAC, Inc.; Broadcast Music, Inc.
(‘‘BMI’’); Educational Media Foundation
(‘‘EMF’’); Music Reports, Inc.; National
Public Radio, the Public Broadcasting
Service, and noncommercial radio and
television stations eligible to receive
funding from the Corporation for Public
Broadcasting jointly (‘‘NPR/PBS/CPB’’);
National Religious Broadcasters
Noncommercial Music License
Committee (‘‘NRBNMLC’’); the Church
Music Publishers’ Association; the
National Music Publishers’ Association,
Inc. and the Harry Fox Agency, jointly
(‘‘NMPA/HFA’’); the Catholic Radio
Association (‘‘CRA’’); and the American
Council on Education (‘‘ACE’’). The
Judges set the timetable for the threemonth negotiation period, see 17 U.S.C.
803(b)(3), and directed the participants
to submit their written direct statements
1 Prior to the enactment of the Copyright Royalty
and Distribution Reform Act of 2004, which
established the Copyright Royalty Judges, rates and
terms for the section 118 statutory license were set
under the Copyright Arbitration Royalty Panel
system, which was administered by the Librarian of
Congress.
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no later than October 31, 2011. In
response to the October 31 deadline, the
Judges received written direct
statements from CRA, BMI, ASCAP, and
Music Reports, Inc.2 as well as several
notifications of settlement and proposed
rates and terms for the Copyright
Royalty Judges to adopt.
There are two ways that copyright
owners and public broadcasting
entities 3 may negotiate rates and terms
under the section 118 statutory license.
First, copyright owners may negotiate
rates and terms with specific public
broadcasting entities for the use of all of
the copyright owners’ works covered by
the license. Section 118(b)(2) provides
that such license agreements ‘‘shall be
given effect in lieu of any determination
by the * * * Copyright Royalty Judges,’’
provided that copies of the agreement
are submitted to the Judges ‘‘within 30
days of execution.’’ 17 U.S.C. 118(b)(2).
The Judges received several agreements
in this category for which no further
action is required.
Second, copyright owners and public
broadcasting entities may negotiate rates
and terms for categories of copyrighted
works and uses that would be binding
on all owners and entities and submit
them to the Judges for approval. Section
801(b)(7)(A) provides that in such event:
(i) The Copyright Royalty Judges shall
provide those that would be bound by the
terms, rates, or other determination set by
any agreement in a proceeding to determine
royalty rates an opportunity to comment on
the agreement and shall provide to
participants in the proceeding under section
803(b)(2) that would be bound by the terms,
rates, or other determination set by the
agreement to comment on the agreement and
object to its adoption as a basis for statutory
terms and rates; and
(ii) the Copyright Royalty Judges may
decline to adopt the agreement as a basis for
statutory terms and rates for participants that
are not parties to the agreement, if any
participant described in clause (i) objects to
the agreement and the Copyright Royalty
Judges conclude, based on the record before
them if one exists, that the agreement does
not provide a reasonable basis for setting
statutory terms and rates.
2 Pursuant to 17 U.S.C. 803(b)(6)(C)(x), the Judges
set the 60-day discovery period to run from
November 30, 2011, through January 30, 2012.
During the discovery period, Music Reports, Inc.,
and CRA each withdrew from the proceeding on
December 13, 2011, and January 27, 2012,
respectively. CRA also requested that the Judges
vacate their Order dated January 20, 2012,
compelling CRA to produce certain discovery; the
Judges deny this request as moot, given CRA’s
withdrawal from the proceeding.
3 A ‘‘public broadcasting entity’’ is defined as a
‘‘noncommercial educational broadcast station as
defined in section 397 of title 47 and any nonprofit
institution or organization engaged in the activities
described in paragraph (2) of subsection (c)’’ of
section 118. 17 U.S.C. 118(f).
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17 U.S.C. 801(b)(7)(A). The Judges
received seven proposals within this
category from the following
participants: (1) SESAC and ACE; (2)
BMI and ACE; (3) ASCAP and ACE; (4)
NMPA/HFA and NRBNMLC; (5) SESAC
and NRBNMLC, (6) ASCAP and
NRBNMLC; and (7) BMI and
NRBNMLC.4
ACE Joint Proposals
The joint proposals entered into by
ACE and each of SESAC, BMI, and
ASCAP propose to modify the royalty
rates set forth in § 381.5. The rates
proposed in the ASCAP/ACE and BMI/
ACE submissions reflect a change in
both the fees and the fee structure, going
from a flat rate to tiered rates primarily
based on the number of full-time
students enrolled in the educational
entity operating the station, with an
exception that looks to the college radio
station’s authorized effective radiation
power (‘‘ERP’’) as set forth in its current
FCC license. ASCAP/ACE Joint Proposal
at 4; BMI/ACE Joint Proposal at 4.
Moreover, the proposed rates for ASCAP
and BMI eliminate the need for the
historic annual Consumer Price Index
adjustments, as the proposed rates
increase at the rate of two percent per
year. Id. at 5.
The SESAC/ACE submission retains a
flat rate which is then adjusted, starting
in 2014, by the change in the Consumer
Price Index or two percent, whichever is
greater. SESAC/ACE Joint Proposal at
2.5
Each joint proposal proposes to
require that each annual payment of the
royalty rate be accompanied by a
declaration stating the number of fulltime students enrolled in the
educational entity operating the station
and/or the ERP as specified in the
entity’s current FCC license. See
proposed § 381.5(d).
NRBNMLC Joint Proposals
The joint proposals entered into by
NRBNMLC and each of NMPA/HFA,
ASCAP, BMI, and SESAC propose
carrying forward unchanged the current
provisions set forth in §§ 381.1 (except
4 On October 31, 2011, EMF notified the Judges
that as a member of NRBNMLC it was a party to
each of the joint proposals involving NRBNMLC.
5 The proposed elimination of the CPI
adjustments for ASCAP and BMI necessitated a
change to § 381.10. However, no proposed language
was provided with the initial proposals.
Consequently, the Judges issued an order requesting
proposed language to § 381.10, and the parties
provided the same. See Order Regarding
Submission of Settlement Proposals, Docket No.
2011–3 CRB NCEB II (February 2, 2012). See also
Joint Submission of American Council on
Education, the American Society of Composers,
Authors and Publishers, Broadcast Music, Inc., and
SESAC, Inc. (filed March 16, 2012).
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to replace ‘‘2008’’ with ‘‘2013’’ and
‘‘2012’’ with ‘‘2017’’), 381.2, 381.9, and
381.11.
The joint proposal between NMPA/
HFA and NRBNMLC stated that the
rates in § 381.7(b)(4) should remain the
same as those currently set for 2008–
2012, ‘‘subject to the additional
provisions’’ of §§ 381.7(b)(3) and (5),
since they ‘‘are reasonable’’ and ‘‘no
circumstances exist that would warrant
modification of these fees.’’ NMPA/HFA
and NRBNMLC Joint Proposal at 2. The
proposal also stated that separate
negotiations were ongoing between HFA
and NMPA and NPR and PBS with
respect to provisions in § 381.7 other
than § 381.7(b)(4). Id. at 2–3. When such
proposal did not appear to be
forthcoming, the Judges issued an order
requesting in part that such proposal, if
finalized, be submitted by March 16,
2012, in order to allow for publication
of all proposed rates and terms in a
single document. See Order Regarding
Submission of Settlement Proposals,
Docket No. 2011–2 CRB NCEB II
(February 2, 2012); see also n.5.
However, after receiving no responsive
filings, the Judges issued a subsequent
order requiring HFA, NMPA, NPR, and
PBS to show cause why the provisions
to be covered by their separate proposal
(§§ 381.7(b)(1)(i)–(iii), 381.7(b)(2)(i)–(iv),
381.7(c), 381.7(d), and 381.7(e)) should
not be removed from Part 381. See
Order to Show Cause, Docket No. 2011–
2 CRB NCEB II (March 28, 2012). In
response, HFA, NMPA, NPR and PBS
submitted their joint proposal covering
the provisions specified in the March 28
order. Specifically, they proposed that
the rates set forth in §§ 381.7(b)(1) and
(2) ‘‘be changed to reflect a rate increase
consistent with the prior percentage
increase from the 2003–2007 license
period to the 2008–2012 license period’’
as such increase ‘‘is fair and
reasonable.’’ Response to Order to Show
Cause, and Joint Proposal of the Harry
Fox Agency, Inc., National Music
Publishers’ Association, Inc., National
Public Radio, Inc. and Public
Broadcasting Service, at 3 (April 4,
2012). These parties proposed no
changes to §§ 381.7(c)–(e) and requested
that these provisions be carried forward
as is because they ‘‘are fair and
reasonable in that they facilitate
efficient, consistent and accurate
payments of royalties for uses governed
by [§ ] 381.7.’’ Id. at 4.
Each of the joint proposals between
NRBNMLC and ASCAP, BMI, and
SESAC propose modifications to
§ 381.6. Under the proposals,
alternatives have been provided to a
Religious/Community Noncommercial
Radio Station in determining its
Population Count which is the basis of
the rates paid. In addition, the proposals
include a new reduced rate for a
Religious/Community Noncommercial
Radio Station using a talk format
necessitating a number of newly defined
terms. Finally, the proposals address a
Religious/Community Noncommercial
Radio Station’s broadcast of in-band, onchannel, digital radio (‘‘HD Radio’’)
signals.
Other Provisions
Finally, the Judges have removed and
reserved two sections for which no
proposals were submitted. Specifically,
§ 381.4, which governed performance of
musical compositions by PBS, NPR and
other public broadcasting entities
engaged in the activities of 17 U.S.C.
118(c), and § 381.8, which governed the
terms and rates of royalty payments for
the use of published pictorial, graphic,
and sculptural works in PBS-distributed
programs as well as in other than PBSdistributed programs, have been
removed and their section numbers
reserved.
As noted above, the public may
comment and object to any or all of the
proposed regulations contained in this
notice. Such comments and objections
Number of full-time students
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47 CFR 73.310(a), of 100 Watts or less,
as specified on its current FCC license,
regardless of the size of the student
population.
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List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television,
Rates.
Proposed Regulations
For the reasons set forth in the
preamble, the Copyright Royalty Judges
propose to amend Part 381 to Chapter III
of title 37 of the Code of Federal
Regulations to read as follows:
PART 381—USE OF CERTAIN
COPYRIGHTED WORKS IN
CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL
BROADCASTING
1. The authority citation for part 381
continues to read as follows:
Authority: 17 U.S.C. 118, 801(b)(1) and
803.
§ 381.1
Sfmt 4702
[Amended]
2. Section 381.1 is amended by
removing ‘‘2008’’ and adding ‘‘2013’’ in
its place and by removing ‘‘2012’’ and
adding ‘‘2017’’ in its place.
§ 381.4
[Removed and Reserved]
3. Remove and reserve § 381.4.
4. Section 381.5 is amended by
revising paragraphs (c) and (d) to read
as follows:
§ 381.5 Performance of musical
compositions by public broadcasting
entities licensed to colleges and
universities.
*
*
*
*
*
(c) Royalty rate. A public broadcasting
entity within the scope of this section
may perform published nondramatic
musical compositions subject to the
following schedule of royalty rates:
(1) For all such compositions in the
repertory of ASCAP, the royalty rates
shall be as follows:
(i)
2013
<1,000 .......................................................................................
1,000–4,999 ..............................................................................
5,000–9,999 ..............................................................................
10,000–19,999 ..........................................................................
20,000 + ....................................................................................
(ii) Level 1 rates as set forth in
paragraph (c)(1)(i) of this section, shall
also apply to College Radio Stations
with an authorized effective radiated
power (ERP), as that term is defined in
must be submitted no later than May 25,
2012.
$319
369
505
655
822
2014
$325
376
515
668
838
2015
$332
384
525
681
855
2016
$339
392
535
695
872
2017
$345
399
546
708
890
(2) For all such compositions in the
repertory of BMI, the royalty rates shall
be as follows:
(i)
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3
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2013
<1,000 .......................................................................................
1,000–4,999 ..............................................................................
5,000–9,999 ..............................................................................
10,000–19,999 ..........................................................................
20,000 + ....................................................................................
(ii) Level 1 rates, as set forth in
paragraph (c)(2)(i) of this section, shall
also apply to College Radio Stations
with an authorized effective radiated
power (ERP), as that term is defined in
47 CFR 73.310(a), of 100 Watts or less,
as specified on its current FCC license,
regardless of the size of the student
population.
(3) For all such compositions in the
repertory of SESAC, the royalty rates
shall be as follows:
(i) 2013: $140.00 per station;
(ii) 2014: $140 per station, subject to
an annual cost of living adjustment in
accordance with paragraph (c)(3)(vi) of
this section;
(iii) 2015: The 2014 rate, subject to an
annual cost of living adjustment in
accordance with paragraph (c)(3)(vi) of
this section;
(iv) 2016: The 2015 rate, subject to an
annual cost of living adjustment in
accordance with paragraph (c)(3)(vi) of
this section;
(v) 2017: The 2016 rate, subject to an
annual cost of living adjustment in
accordance with paragraph (c)(3)(vi) of
this section.
(vi) Such cost of living adjustment to
be made in accordance with the greater
of
(A) The change, if any, in the
Consumer Price Index (all consumers,
all items) published by the U.S.
Department of Labor, Bureau of Labor
Statistics during the twelve (12) month
period from the most recent Index,
published before December 1 of the year
immediately prior to the applicable
year, or
(B) Two percent (2%).
(4) For the performance of any other
such compositions: $1.
(d) Payment of royalty rate. The
public broadcasting entity shall pay the
required royalty rate to ASCAP, BMI
and SESAC not later than January 31 of
each year. Each annual payment to
ASCAP, BMI and SESAC shall be
accompanied by a signed declaration
stating the number of full-time students
enrolled in the educational entity
operating the station and/or the effective
radiated power (ERP) as specified in its
current FCC license. An exact copy of
such declaration shall be furnished to
each of ASCAP, BMI and SESAC.
*
*
*
*
*
5. Section 381.6 is amended as
follows:
a. By redesignating paragraphs (b)
through (e) as paragraphs (c) through (f),
respectively;
b. By adding a new paragraph (b);
c. By revising newly redesignated
paragraph (d);
d. By revising newly redesignated
paragraph (e); and
e. By removing current paragraph (f).
The additions and revisions to § 381.6
read as follows:
§ 381.6 Performance of musical
compositions by other public broadcasting
entities.
*
*
*
*
*
(b) Definitions. As used in paragraphs
(d) and (e) of this section, the following
terms and their variant forms mean the
following:
(1) Feature Music shall mean any
performance of a musical work, whether
live or recorded, that is the principal
focus of audience attention. Feature
Music does not include bridge,
background, or underscore music,
themes or signatures, interstitial music
between programs such as in public
service announcements or program
sponsorship identifications, brief
musical transitions in and out of
program segments (not to exceed 60
seconds in duration), incidental
performances of music during
broadcasts of public, religious, or sports
events, or brief performances during
news, talk, religious, and sports
programming of no more than 30
seconds in duration.
(2) Population Count. The
combination of:
(i) The number of persons estimated
to reside within a station’s Predicted 60
dBu Contour, based on the most recent
available census data; and
(ii) The nonduplicative number of
persons estimated to reside in the
Predicted 60 dBu Contour of any
Translator or Booster Station that
Population count
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extends a public broadcasting entity’s
signal beyond the contours of a station’s
Predicted 60 dBu Contour.
(iii) In determining Population Count,
a station or a Translator or Booster
Station may use and report the total
population data, from a research
company generally recognized in the
broadcasting industry, for the radio
market within which the station’s
community license is located.
(3) Predicted 60 dBu Contour shall be
calculated as set forth in 47 CFR 73.313.
(4) Talk Format Station shall mean a
noncommercial radio station:
(i) Whose program content primarily
consists of talk shows, news programs,
sports, community affairs or religious
sermons (or other non-music-oriented
programming);
(ii) That performs Feature Music in
less than 20% of its programming
annually; and
(iii) That performs music-oriented
programming for no more than four (4)
programming hours during the hours
from 6 a.m. to 10 p.m. each weekday,
with no two (2) hours of such
programming occurring consecutively,
with the exception of up to five (5)
weekdays during the year.
(5) Weekday shall mean the 24-hour
period starting at 12 a.m. through 11:59
p.m. on Mondays, Tuesdays,
Wednesdays, Thursdays and Fridays
occurring between January 1 of a given
year up to and including Thanksgiving
day of that year.
(6) Translator Station and Booster
Station shall have the same meanings as
set forth in 47 CFR 74.1201.
*
*
*
*
*
(d) Royalty rate. A public
broadcasting entity within the scope of
this section may perform published
nondramatic musical compositions
subject to the following schedule of
royalty rates:
(1) For all such compositions in the
repertory of ASCAP, the royalty rates
shall be as follows:
(i) Music Fees (Stations with 20% or
more programming containing Feature
Music):
2013
0–249,999 .................................................................................
250,000–499,999 ......................................................................
13:41 Apr 24, 2012
$319
369
505
655
822
2014
$631
1,126
E:\FR\FM\25APP1.SGM
2014
$644
1,149
25APP1
2015
$657
1,171
2016
$670
1,195
2017
$683
1,219
24666
Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules
Population count
Level
Level
Level
Level
Level
Level
3
4
5
6
7
8
............................
............................
............................
............................
............................
............................
2013
500,000–999,999 ......................................................................
1,000,000–1,499,999 ................................................................
1,500,000–1,999,999 ................................................................
2,000,000–2,499,999 ................................................................
2,500,000–2,999,999 ................................................................
3,000,000 and above ................................................................
1,688
2,251
2,814
3,377
3,939
5,628
2014
1,722
2,296
2,870
3,445
4,018
5,741
2015
1,756
2,342
2,928
3,513
4,098
5,855
2016
1,791
2,389
2,986
3,584
4,180
5,972
2017
1,827
2,437
3,046
3,655
4,264
6,092
(ii) Talk Format Station Fees (Stations
with <20% Feature Music
programming):
Population count
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
............................
............................
............................
............................
............................
............................
............................
............................
2013
0–249,999 .................................................................................
250,000–499,999 ......................................................................
500,000–999,999 ......................................................................
1,000,000–1,499,999 ................................................................
1,500,000–1,999,999 ................................................................
2,000,000–2,499,999 ................................................................
2,500,000–2,999,999 ................................................................
3,000,000 and above ................................................................
(2) For all such compositions in the
repertory of BMI, the royalty rates shall
be as follows:
1
2
3
4
5
6
7
8
............................
............................
............................
............................
............................
............................
............................
............................
$644
644
644
804
1,005
1,206
1,406
2,009
2015
$657
657
657
820
1,025
1,230
1,434
2,049
2016
$670
670
670
836
1,045
1,254
1,463
2,090
2017
$683
683
683
853
1,066
1,279
1,492
2,132
(i) Music Fees (Stations with 20% or
more programming containing Feature
Music):
Population count
Level
Level
Level
Level
Level
Level
Level
Level
$631
631
631
788
985
1,182
1,379
1,970
2014
2013
0–249,999 .................................................................................
250,000–499,999 ......................................................................
500,000–999,999 ......................................................................
1,000,000–1,499,999 ................................................................
1,500,000–1,999,999 ................................................................
2,000,000–2,499,999 ................................................................
2,500,000–2,999,999 ................................................................
3,000,000 and above ................................................................
$631
1,126
1,688
2,251
2,814
3,377
3,939
5,628
2014
$644
1,149
1,722
2,296
2,870
3,445
4,018
5,741
2015
$657
1,171
1,756
2,342
2,928
3,513
4,098
5,855
2016
$670
1,195
1,791
2,389
2,986
3,584
4,180
5,972
2017
$683
1,219
1,827
2,437
3,046
3,655
4,264
6,092
(ii) Talk Format Station Fees (Stations
with <20% Feature Music
programming):
Population count
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
............................
............................
............................
............................
............................
............................
............................
............................
0–249,999 .................................................................................
250,000–499,999 ......................................................................
500,000–999,999 ......................................................................
1,000,000–1,499,999 ................................................................
1,500,000–1,999,999 ................................................................
2,000,000–2,499,999 ................................................................
2,500,000–2,999,999 ................................................................
3,000,000 and above ................................................................
(3) For all such compositions in the
repertory of SESAC, the royalty rates
shall be as follows:
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
2013
1
2
3
4
5
6
7
............................
............................
............................
............................
............................
............................
............................
VerDate Mar<15>2010
2013
0–249,999 .................................................................................
250,000–499,999 ......................................................................
500,000–999,999 ......................................................................
1,000,000–1,499,999 ................................................................
1,500,000–1,999,999 ................................................................
2,000,000–2,499,999 ................................................................
2,500,000–2,999,999 ................................................................
13:41 Apr 24, 2012
Jkt 226001
$644
644
644
804
1,005
1,206
1,406
2,009
2015
$657
657
657
820
1,025
1,230
1,434
2,049
2016
$670
670
670
836
1,045
1,254
1,463
2,090
2017
$683
683
683
853
1,066
1,279
1,492
2,132
(i) Music fees for stations with >=20%
Feature Music programming:
Population count
Level
Level
Level
Level
Level
Level
Level
$631
631
631
788
985
1,182
1,379
1,970
2014
PO 00000
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Sfmt 4702
$138
230
345
459
574
689
804
E:\FR\FM\25APP1.SGM
2014
$140
234
352
468
586
702
820
25APP1
2015
$143
239
359
478
597
716
836
2016
$146
244
366
487
609
731
853
2017
$149
248
373
497
622
745
870
24667
Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules
Population count
Level 8 ............................
2013
3,000,000 and above ................................................................
1,149
2014
1,171
2015
2016
1,195
2017
1,219
1,243
(ii) Talk fees for stations with <20%
Feature Music programming:
Population count
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
............................
............................
............................
............................
............................
............................
............................
............................
0–249,999 .................................................................................
250,000–499,999 ......................................................................
500,000–999,999 ......................................................................
1,000,000–1,499,999 ................................................................
1,500,000–1,999,999 ................................................................
2,000,000–2,499,999 ................................................................
2,500,000–2,999,999 ................................................................
3,000,000 and above ................................................................
(4) For the performance of any other
such compositions, in 2013 through
2017, $1.
(e) Payment of royalty rate. The
public broadcasting entity shall pay the
required royalty rate to ASCAP, BMI
and SESAC not later than January 31 of
each year. Each annual payment shall be
accompanied by a signed declaration
stating the Population Count of the
public broadcasting entity and the
source for such Population Count. An
exact copy of such declaration shall be
furnished to each of ASCAP, BMI and
SESAC. Upon prior written notice
thereof from ASCAP, BMI and SESAC,
a public broadcasting entity shall make
its books and records relating to its
Population Count available for
inspection. In the event that a public
broadcasting entity wishes to be deemed
a Talk Format Station, then such entity
shall provide a signed declaration
stating that Feature Music is performed
in less than 20% of its annual
programming and that it complies with
the caps set forth in paragraph (b)(4) of
this section. An exact copy of such
declaration shall be furnished to each of
ASCAP, BMI and SESAC. Upon prior
written notice thereof from ASCAP, BMI
or SESAC, a public broadcasting entity
shall make its program schedule or
other documentation supporting its
eligibility as a Talk Format Station
available for inspection.
*
*
*
*
*
6. Section 381.7 is amended as
follows:
a. By revising paragraphs (b)(1)(i)(A)–
(D) and (b)(1)(ii)(A)–(D);
b. By revising paragraphs (b)(2)(i)–
(iv);
c. In paragraph (b)(4), by removing
‘‘2008–2012’’ and adding ‘‘2013–2017’’
in its place; and
d. In paragraph (b)(5), by removing
‘‘2012’’ and adding ‘‘2017’’ in its place.
VerDate Mar<15>2010
2013
13:41 Apr 24, 2012
Jkt 226001
$138
138
138
161
201
241
281
402
The revisions to § 381.7 read as
follows:
§ 381.7
*
Recording rights, rates and terms.
*
*
(b) * * *
(1)(i) * * *
*
*
(A) Feature ..........................................
(B) Concert feature (per minute) .......
(C) Background ...................................
(D) Theme:
(1) Single program or first series
program ........................................
(2) Other series program ................
$116.37
$34.95
$58.81
$58.81
$23.88
(ii) * * *
2013–2017
(A) Feature ..........................................
(B) Concert feature (per minute) .......
(C) Background ...................................
(D) Theme:
(1) Single program or first series
program ........................................
(2) Other series program ................
*
*
(2) * * *
*
$9.62
$2.53
$4.18
$4.18
$1.66
*
2013–2017
(i) Feature ...........................................
(ii) Concert feature (per minute) .......
(iii) Background ..................................
(iv) Theme:
(A) Single program or first series
program ........................................
(B) Other series program ................
*
*
§ 381.8
*
*
$12.60
$18.49
$6.31
$6.31
$2.52
*
[Removed and Reserved]
7. Remove and reserve § 381.8.
8. Section 381.10 is amended as
follows:
a. In paragraph (a), by removing
‘‘2007’’ and adding ‘‘2013’’ in its place
in each place it appears and by
removing ‘‘2006’’ and adding ‘‘2012’’ in
its place, and by removing ‘‘On each
December 1’’ and adding ‘‘On or before
each December 1’’ in its place;
b. By revising paragraph (b);
PO 00000
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$140
140
140
164
205
246
287
410
Fmt 4702
Sfmt 4702
2015
2016
$143
143
143
167
209
251
293
418
2017
$146
146
146
170
213
256
299
427
$149
149
149
174
218
261
305
435
c. In paragraph (c), by adding ‘‘the’’
before ‘‘rates’’, by removing ‘‘381.5’’ and
adding ‘‘381.5(c)(3)’’ in its place, and by
adding ‘‘(30)’’ after ‘‘thirty’’.
The revisions to § 381.10 read as
follows:
§ 381.10
2013–2017
*
2014
Cost of living adjustment.
*
*
*
*
*
(b) On the same date of the notices
published pursuant to paragraph (a) of
this section, the Copyright Royalty
Judges shall publish in the Federal
Register a revised schedule of the rates
for § 381.5(c)(3), the rate to be charged
for compositions in the repertory of
SESAC, which shall adjust the royalty
amounts established in a dollar amount
according to the greater of
(1) The change in the cost of living
determined as provided in paragraph (a)
of this section, or
(2) Two percent (2%).
(3) Such royalty rates shall be fixed at
the nearest dollar.
*
*
*
*
*
Dated: April 20, 2012.
Stanley C. Wisniewski,
U.S. Copyright Royalty Judge.
[FR Doc. 2012–9927 Filed 4–24–12; 8:45 am]
BILLING CODE 1410–72–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Parts 262 and 265
TANF Assistance and Electronic
Benefit Transfer Transactions;
Request for Public Comment
Department of Health and
Human Services (HHS), Administration
for Children and Families, Office of
Family Assistance (OFA).
AGENCY:
E:\FR\FM\25APP1.SGM
25APP1
]]>Agencies
[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Proposed Rules]
[Pages 24662-24667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9927]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 2011-2 CRB NCEB II]
Determination of Reasonable Rates and Terms for Noncommercial
Broadcasting
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges are publishing for comment
proposed rates and terms for use of certain works in connection with
noncommercial broadcasting for the period commencing January 1, 2013,
and ending on December 31, 2017.
DATES: Comments and objections, if any, are due no later than May 25,
2012.
ADDRESSES: Comments and objections 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 by hand delivery. Please do
not use multiple means of transmission. Comments and objections 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 and objections must be addressed to: Copyright Royalty Board,
P.O. Box. 70977, Washington, DC 20024-0977. If hand delivered by a
private party, comments and objections must be brought to the Copyright
Office, Public Information Office, Library of Congress, James Madison
Memorial Building, Room LM-401, 101 Independence Avenue SE.,
Washington, DC 20559-6000, between 8:30 a.m. and 5 p.m. If delivered by
a commercial courier, comments and objections must be delivered between
8:30 a.m. and 4 p.m. to the Congressional Courier Acceptance Site
located at 2nd and D Street NE., Washington, DC, and the envelope must
be addressed to: Copyright Royalty Board, Library of Congress, James
Madison Memorial Building, Room LM-403, 101 Independence Avenue SE.,
Washington, DC 20559-6000.
[[Page 24663]]
FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by
telephone: (202) 707-7658 or email at crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 118 of the Copyright Act, title 17 of the United States
Code, establishes a statutory license for the use of certain
copyrighted works in connection with noncommercial television and radio
broadcasting. Chapter 8 of the Copyright Act requires the Copyright
Royalty Judges (``Judges'') to conduct proceedings every five years to
determine the rates and terms for the section 118 license.\1\ 17 U.S.C.
801(b)(1), 804(b)(6). In accordance with section 804(b)(6), the Judges
commenced the proceeding to set rates and terms for the period 2008-
2012 on January 9, 2006, 71 FR 1453, and published final regulations
setting those rates and terms on November 30, 2007. 72 FR 67646.
Therefore, the next proceeding to determine the rates and terms for the
section 118 license was to be commenced in January 2011 for the period
2013-2017. 17 U.S.C. 804(b)(6).
---------------------------------------------------------------------------
\1\ Prior to the enactment of the Copyright Royalty and
Distribution Reform Act of 2004, which established the Copyright
Royalty Judges, rates and terms for the section 118 statutory
license were set under the Copyright Arbitration Royalty Panel
system, which was administered by the Librarian of Congress.
---------------------------------------------------------------------------
Accordingly, the Judges published in the Federal Register a notice
commencing the proceeding to determine the rates and terms for the
2013-2017 period and requesting interested parties to submit their
petitions to participate. 76 FR 591 (January 5, 2011). Petitions to
Participate were received from: The American Society of Authors,
Composers and Publishers (``ASCAP''); SESAC, Inc.; Broadcast Music,
Inc. (``BMI''); Educational Media Foundation (``EMF''); Music Reports,
Inc.; National Public Radio, the Public Broadcasting Service, and
noncommercial radio and television stations eligible to receive funding
from the Corporation for Public Broadcasting jointly (``NPR/PBS/CPB'');
National Religious Broadcasters Noncommercial Music License Committee
(``NRBNMLC''); the Church Music Publishers' Association; the National
Music Publishers' Association, Inc. and the Harry Fox Agency, jointly
(``NMPA/HFA''); the Catholic Radio Association (``CRA''); and the
American Council on Education (``ACE''). The Judges set the timetable
for the three-month negotiation period, see 17 U.S.C. 803(b)(3), and
directed the participants to submit their written direct statements no
later than October 31, 2011. In response to the October 31 deadline,
the Judges received written direct statements from CRA, BMI, ASCAP, and
Music Reports, Inc.\2\ as well as several notifications of settlement
and proposed rates and terms for the Copyright Royalty Judges to adopt.
---------------------------------------------------------------------------
\2\ Pursuant to 17 U.S.C. 803(b)(6)(C)(x), the Judges set the
60-day discovery period to run from November 30, 2011, through
January 30, 2012. During the discovery period, Music Reports, Inc.,
and CRA each withdrew from the proceeding on December 13, 2011, and
January 27, 2012, respectively. CRA also requested that the Judges
vacate their Order dated January 20, 2012, compelling CRA to produce
certain discovery; the Judges deny this request as moot, given CRA's
withdrawal from the proceeding.
---------------------------------------------------------------------------
There are two ways that copyright owners and public broadcasting
entities \3\ may negotiate rates and terms under the section 118
statutory license. First, copyright owners may negotiate rates and
terms with specific public broadcasting entities for the use of all of
the copyright owners' works covered by the license. Section 118(b)(2)
provides that such license agreements ``shall be given effect in lieu
of any determination by the * * * Copyright Royalty Judges,'' provided
that copies of the agreement are submitted to the Judges ``within 30
days of execution.'' 17 U.S.C. 118(b)(2). The Judges received several
agreements in this category for which no further action is required.
---------------------------------------------------------------------------
\3\ A ``public broadcasting entity'' is defined as a
``noncommercial educational broadcast station as defined in section
397 of title 47 and any nonprofit institution or organization
engaged in the activities described in paragraph (2) of subsection
(c)'' of section 118. 17 U.S.C. 118(f).
---------------------------------------------------------------------------
Second, copyright owners and public broadcasting entities may
negotiate rates and terms for categories of copyrighted works and uses
that would be binding on all owners and entities and submit them to the
Judges for approval. Section 801(b)(7)(A) provides that in such event:
(i) The Copyright Royalty Judges shall provide those that would
be bound by the terms, rates, or other determination set by any
agreement in a proceeding to determine royalty rates an opportunity
to comment on the agreement and shall provide to participants in the
proceeding under section 803(b)(2) that would be bound by the terms,
rates, or other determination set by the agreement to comment on the
agreement and object to its adoption as a basis for statutory terms
and rates; and
(ii) the Copyright Royalty Judges may decline to adopt the
agreement as a basis for statutory terms and rates for participants
that are not parties to the agreement, if any participant described
in clause (i) objects to the agreement and the Copyright Royalty
Judges conclude, based on the record before them if one exists, that
the agreement does not provide a reasonable basis for setting
statutory terms and rates.
17 U.S.C. 801(b)(7)(A). The Judges received seven proposals within this
category from the following participants: (1) SESAC and ACE; (2) BMI
and ACE; (3) ASCAP and ACE; (4) NMPA/HFA and NRBNMLC; (5) SESAC and
NRBNMLC, (6) ASCAP and NRBNMLC; and (7) BMI and NRBNMLC.\4\
---------------------------------------------------------------------------
\4\ On October 31, 2011, EMF notified the Judges that as a
member of NRBNMLC it was a party to each of the joint proposals
involving NRBNMLC.
---------------------------------------------------------------------------
ACE Joint Proposals
The joint proposals entered into by ACE and each of SESAC, BMI, and
ASCAP propose to modify the royalty rates set forth in Sec. 381.5. The
rates proposed in the ASCAP/ACE and BMI/ACE submissions reflect a
change in both the fees and the fee structure, going from a flat rate
to tiered rates primarily based on the number of full-time students
enrolled in the educational entity operating the station, with an
exception that looks to the college radio station's authorized
effective radiation power (``ERP'') as set forth in its current FCC
license. ASCAP/ACE Joint Proposal at 4; BMI/ACE Joint Proposal at 4.
Moreover, the proposed rates for ASCAP and BMI eliminate the need for
the historic annual Consumer Price Index adjustments, as the proposed
rates increase at the rate of two percent per year. Id. at 5.
The SESAC/ACE submission retains a flat rate which is then
adjusted, starting in 2014, by the change in the Consumer Price Index
or two percent, whichever is greater. SESAC/ACE Joint Proposal at 2.\5\
---------------------------------------------------------------------------
\5\ The proposed elimination of the CPI adjustments for ASCAP
and BMI necessitated a change to Sec. 381.10. However, no proposed
language was provided with the initial proposals. Consequently, the
Judges issued an order requesting proposed language to Sec. 381.10,
and the parties provided the same. See Order Regarding Submission of
Settlement Proposals, Docket No. 2011-3 CRB NCEB II (February 2,
2012). See also Joint Submission of American Council on Education,
the American Society of Composers, Authors and Publishers, Broadcast
Music, Inc., and SESAC, Inc. (filed March 16, 2012).
---------------------------------------------------------------------------
Each joint proposal proposes to require that each annual payment of
the royalty rate be accompanied by a declaration stating the number of
full-time students enrolled in the educational entity operating the
station and/or the ERP as specified in the entity's current FCC
license. See proposed Sec. 381.5(d).
NRBNMLC Joint Proposals
The joint proposals entered into by NRBNMLC and each of NMPA/HFA,
ASCAP, BMI, and SESAC propose carrying forward unchanged the current
provisions set forth in Sec. Sec. 381.1 (except
[[Page 24664]]
to replace ``2008'' with ``2013'' and ``2012'' with ``2017''), 381.2,
381.9, and 381.11.
The joint proposal between NMPA/HFA and NRBNMLC stated that the
rates in Sec. 381.7(b)(4) should remain the same as those currently
set for 2008-2012, ``subject to the additional provisions'' of
Sec. Sec. 381.7(b)(3) and (5), since they ``are reasonable'' and ``no
circumstances exist that would warrant modification of these fees.''
NMPA/HFA and NRBNMLC Joint Proposal at 2. The proposal also stated that
separate negotiations were ongoing between HFA and NMPA and NPR and PBS
with respect to provisions in Sec. 381.7 other than Sec. 381.7(b)(4).
Id. at 2-3. When such proposal did not appear to be forthcoming, the
Judges issued an order requesting in part that such proposal, if
finalized, be submitted by March 16, 2012, in order to allow for
publication of all proposed rates and terms in a single document. See
Order Regarding Submission of Settlement Proposals, Docket No. 2011-2
CRB NCEB II (February 2, 2012); see also n.5. However, after receiving
no responsive filings, the Judges issued a subsequent order requiring
HFA, NMPA, NPR, and PBS to show cause why the provisions to be covered
by their separate proposal (Sec. Sec. 381.7(b)(1)(i)-(iii),
381.7(b)(2)(i)-(iv), 381.7(c), 381.7(d), and 381.7(e)) should not be
removed from Part 381. See Order to Show Cause, Docket No. 2011-2 CRB
NCEB II (March 28, 2012). In response, HFA, NMPA, NPR and PBS submitted
their joint proposal covering the provisions specified in the March 28
order. Specifically, they proposed that the rates set forth in
Sec. Sec. 381.7(b)(1) and (2) ``be changed to reflect a rate increase
consistent with the prior percentage increase from the 2003-2007
license period to the 2008-2012 license period'' as such increase ``is
fair and reasonable.'' Response to Order to Show Cause, and Joint
Proposal of the Harry Fox Agency, Inc., National Music Publishers'
Association, Inc., National Public Radio, Inc. and Public Broadcasting
Service, at 3 (April 4, 2012). These parties proposed no changes to
Sec. Sec. 381.7(c)-(e) and requested that these provisions be carried
forward as is because they ``are fair and reasonable in that they
facilitate efficient, consistent and accurate payments of royalties for
uses governed by [Sec. ] 381.7.'' Id. at 4.
Each of the joint proposals between NRBNMLC and ASCAP, BMI, and
SESAC propose modifications to Sec. 381.6. Under the proposals,
alternatives have been provided to a Religious/Community Noncommercial
Radio Station in determining its Population Count which is the basis of
the rates paid. In addition, the proposals include a new reduced rate
for a Religious/Community Noncommercial Radio Station using a talk
format necessitating a number of newly defined terms. Finally, the
proposals address a Religious/Community Noncommercial Radio Station's
broadcast of in-band, on-channel, digital radio (``HD Radio'') signals.
Other Provisions
Finally, the Judges have removed and reserved two sections for
which no proposals were submitted. Specifically, Sec. 381.4, which
governed performance of musical compositions by PBS, NPR and other
public broadcasting entities engaged in the activities of 17 U.S.C.
118(c), and Sec. 381.8, which governed the terms and rates of royalty
payments for the use of published pictorial, graphic, and sculptural
works in PBS-distributed programs as well as in other than PBS-
distributed programs, have been removed and their section numbers
reserved.
As noted above, the public may comment and object to any or all of
the proposed regulations contained in this notice. Such comments and
objections must be submitted no later than May 25, 2012.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television, Rates.
Proposed Regulations
For the reasons set forth in the preamble, the Copyright Royalty
Judges propose to amend Part 381 to Chapter III of title 37 of the Code
of Federal Regulations to read as follows:
PART 381--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL BROADCASTING
1. The authority citation for part 381 continues to read as
follows:
Authority: 17 U.S.C. 118, 801(b)(1) and 803.
Sec. 381.1 [Amended]
2. Section 381.1 is amended by removing ``2008'' and adding
``2013'' in its place and by removing ``2012'' and adding ``2017'' in
its place.
Sec. 381.4 [Removed and Reserved]
3. Remove and reserve Sec. 381.4.
4. Section 381.5 is amended by revising paragraphs (c) and (d) to
read as follows:
Sec. 381.5 Performance of musical compositions by public broadcasting
entities licensed to colleges and universities.
* * * * *
(c) Royalty rate. A public broadcasting entity within the scope of
this section may perform published nondramatic musical compositions
subject to the following schedule of royalty rates:
(1) For all such compositions in the repertory of ASCAP, the
royalty rates shall be as follows:
(i)
----------------------------------------------------------------------------------------------------------------
Number of full-time
students 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... <1,000.................... $319 $325 $332 $339 $345
Level 2........................... 1,000-4,999............... 369 376 384 392 399
Level 3........................... 5,000-9,999............... 505 515 525 535 546
Level 4........................... 10,000-19,999............. 655 668 681 695 708
Level 5........................... 20,000 +.................. 822 838 855 872 890
----------------------------------------------------------------------------------------------------------------
(ii) Level 1 rates as set forth in paragraph (c)(1)(i) of this
section, shall also apply to College Radio Stations with an authorized
effective radiated power (ERP), as that term is defined in 47 CFR
73.310(a), of 100 Watts or less, as specified on its current FCC
license, regardless of the size of the student population.
(2) For all such compositions in the repertory of BMI, the royalty
rates shall be as follows:
(i)
[[Page 24665]]
----------------------------------------------------------------------------------------------------------------
Number of full-time
students 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... <1,000.................... $319 $325 $332 $339 $345
Level 2........................... 1,000-4,999............... 369 376 384 392 399
Level 3........................... 5,000-9,999............... 505 515 525 535 546
Level 4........................... 10,000-19,999............. 655 668 681 695 708
Level 5........................... 20,000 +.................. 822 838 855 872 890
----------------------------------------------------------------------------------------------------------------
(ii) Level 1 rates, as set forth in paragraph (c)(2)(i) of this
section, shall also apply to College Radio Stations with an authorized
effective radiated power (ERP), as that term is defined in 47 CFR
73.310(a), of 100 Watts or less, as specified on its current FCC
license, regardless of the size of the student population.
(3) For all such compositions in the repertory of SESAC, the
royalty rates shall be as follows:
(i) 2013: $140.00 per station;
(ii) 2014: $140 per station, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section;
(iii) 2015: The 2014 rate, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section;
(iv) 2016: The 2015 rate, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section;
(v) 2017: The 2016 rate, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section.
(vi) Such cost of living adjustment to be made in accordance with
the greater of
(A) The change, if any, in the Consumer Price Index (all consumers,
all items) published by the U.S. Department of Labor, Bureau of Labor
Statistics during the twelve (12) month period from the most recent
Index, published before December 1 of the year immediately prior to the
applicable year, or
(B) Two percent (2%).
(4) For the performance of any other such compositions: $1.
(d) Payment of royalty rate. The public broadcasting entity shall
pay the required royalty rate to ASCAP, BMI and SESAC not later than
January 31 of each year. Each annual payment to ASCAP, BMI and SESAC
shall be accompanied by a signed declaration stating the number of
full-time students enrolled in the educational entity operating the
station and/or the effective radiated power (ERP) as specified in its
current FCC license. An exact copy of such declaration shall be
furnished to each of ASCAP, BMI and SESAC.
* * * * *
5. Section 381.6 is amended as follows:
a. By redesignating paragraphs (b) through (e) as paragraphs (c)
through (f), respectively;
b. By adding a new paragraph (b);
c. By revising newly redesignated paragraph (d);
d. By revising newly redesignated paragraph (e); and
e. By removing current paragraph (f).
The additions and revisions to Sec. 381.6 read as follows:
Sec. 381.6 Performance of musical compositions by other public
broadcasting entities.
* * * * *
(b) Definitions. As used in paragraphs (d) and (e) of this section,
the following terms and their variant forms mean the following:
(1) Feature Music shall mean any performance of a musical work,
whether live or recorded, that is the principal focus of audience
attention. Feature Music does not include bridge, background, or
underscore music, themes or signatures, interstitial music between
programs such as in public service announcements or program sponsorship
identifications, brief musical transitions in and out of program
segments (not to exceed 60 seconds in duration), incidental
performances of music during broadcasts of public, religious, or sports
events, or brief performances during news, talk, religious, and sports
programming of no more than 30 seconds in duration.
(2) Population Count. The combination of:
(i) The number of persons estimated to reside within a station's
Predicted 60 dBu Contour, based on the most recent available census
data; and
(ii) The nonduplicative number of persons estimated to reside in
the Predicted 60 dBu Contour of any Translator or Booster Station that
extends a public broadcasting entity's signal beyond the contours of a
station's Predicted 60 dBu Contour.
(iii) In determining Population Count, a station or a Translator or
Booster Station may use and report the total population data, from a
research company generally recognized in the broadcasting industry, for
the radio market within which the station's community license is
located.
(3) Predicted 60 dBu Contour shall be calculated as set forth in 47
CFR 73.313.
(4) Talk Format Station shall mean a noncommercial radio station:
(i) Whose program content primarily consists of talk shows, news
programs, sports, community affairs or religious sermons (or other non-
music-oriented programming);
(ii) That performs Feature Music in less than 20% of its
programming annually; and
(iii) That performs music-oriented programming for no more than
four (4) programming hours during the hours from 6 a.m. to 10 p.m. each
weekday, with no two (2) hours of such programming occurring
consecutively, with the exception of up to five (5) weekdays during the
year.
(5) Weekday shall mean the 24-hour period starting at 12 a.m.
through 11:59 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and
Fridays occurring between January 1 of a given year up to and including
Thanksgiving day of that year.
(6) Translator Station and Booster Station shall have the same
meanings as set forth in 47 CFR 74.1201.
* * * * *
(d) Royalty rate. A public broadcasting entity within the scope of
this section may perform published nondramatic musical compositions
subject to the following schedule of royalty rates:
(1) For all such compositions in the repertory of ASCAP, the
royalty rates shall be as follows:
(i) Music Fees (Stations with 20% or more programming containing
Feature Music):
----------------------------------------------------------------------------------------------------------------
Population count 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... 0-249,999................. $631 $644 $657 $670 $683
Level 2........................... 250,000-499,999........... 1,126 1,149 1,171 1,195 1,219
[[Page 24666]]
Level 3........................... 500,000-999,999........... 1,688 1,722 1,756 1,791 1,827
Level 4........................... 1,000,000-1,499,999....... 2,251 2,296 2,342 2,389 2,437
Level 5........................... 1,500,000-1,999,999....... 2,814 2,870 2,928 2,986 3,046
Level 6........................... 2,000,000-2,499,999....... 3,377 3,445 3,513 3,584 3,655
Level 7........................... 2,500,000-2,999,999....... 3,939 4,018 4,098 4,180 4,264
Level 8........................... 3,000,000 and above....... 5,628 5,741 5,855 5,972 6,092
----------------------------------------------------------------------------------------------------------------
(ii) Talk Format Station Fees (Stations with <20% Feature Music
programming):
----------------------------------------------------------------------------------------------------------------
Population count 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... 0-249,999................. $631 $644 $657 $670 $683
Level 2........................... 250,000-499,999........... 631 644 657 670 683
Level 3........................... 500,000-999,999........... 631 644 657 670 683
Level 4........................... 1,000,000-1,499,999....... 788 804 820 836 853
Level 5........................... 1,500,000-1,999,999....... 985 1,005 1,025 1,045 1,066
Level 6........................... 2,000,000-2,499,999....... 1,182 1,206 1,230 1,254 1,279
Level 7........................... 2,500,000-2,999,999....... 1,379 1,406 1,434 1,463 1,492
Level 8........................... 3,000,000 and above....... 1,970 2,009 2,049 2,090 2,132
----------------------------------------------------------------------------------------------------------------
(2) For all such compositions in the repertory of BMI, the royalty
rates shall be as follows:
(i) Music Fees (Stations with 20% or more programming containing
Feature Music):
----------------------------------------------------------------------------------------------------------------
Population count 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... 0-249,999................. $631 $644 $657 $670 $683
Level 2........................... 250,000-499,999........... 1,126 1,149 1,171 1,195 1,219
Level 3........................... 500,000-999,999........... 1,688 1,722 1,756 1,791 1,827
Level 4........................... 1,000,000-1,499,999....... 2,251 2,296 2,342 2,389 2,437
Level 5........................... 1,500,000-1,999,999....... 2,814 2,870 2,928 2,986 3,046
Level 6........................... 2,000,000-2,499,999....... 3,377 3,445 3,513 3,584 3,655
Level 7........................... 2,500,000-2,999,999....... 3,939 4,018 4,098 4,180 4,264
Level 8........................... 3,000,000 and above....... 5,628 5,741 5,855 5,972 6,092
----------------------------------------------------------------------------------------------------------------
(ii) Talk Format Station Fees (Stations with <20% Feature Music
programming):
----------------------------------------------------------------------------------------------------------------
Population count 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... 0-249,999................. $631 $644 $657 $670 $683
Level 2........................... 250,000-499,999........... 631 644 657 670 683
Level 3........................... 500,000-999,999........... 631 644 657 670 683
Level 4........................... 1,000,000-1,499,999....... 788 804 820 836 853
Level 5........................... 1,500,000-1,999,999....... 985 1,005 1,025 1,045 1,066
Level 6........................... 2,000,000-2,499,999....... 1,182 1,206 1,230 1,254 1,279
Level 7........................... 2,500,000-2,999,999....... 1,379 1,406 1,434 1,463 1,492
Level 8........................... 3,000,000 and above....... 1,970 2,009 2,049 2,090 2,132
----------------------------------------------------------------------------------------------------------------
(3) For all such compositions in the repertory of SESAC, the
royalty rates shall be as follows:
(i) Music fees for stations with >=20% Feature Music programming:
----------------------------------------------------------------------------------------------------------------
Population count 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... 0-249,999................. $138 $140 $143 $146 $149
Level 2........................... 250,000-499,999........... 230 234 239 244 248
Level 3........................... 500,000-999,999........... 345 352 359 366 373
Level 4........................... 1,000,000-1,499,999....... 459 468 478 487 497
Level 5........................... 1,500,000-1,999,999....... 574 586 597 609 622
Level 6........................... 2,000,000-2,499,999....... 689 702 716 731 745
Level 7........................... 2,500,000-2,999,999....... 804 820 836 853 870
[[Page 24667]]
Level 8........................... 3,000,000 and above....... 1,149 1,171 1,195 1,219 1,243
----------------------------------------------------------------------------------------------------------------
(ii) Talk fees for stations with <20% Feature Music programming:
----------------------------------------------------------------------------------------------------------------
Population count 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... 0-249,999................. $138 $140 $143 $146 $149
Level 2........................... 250,000-499,999........... 138 140 143 146 149
Level 3........................... 500,000-999,999........... 138 140 143 146 149
Level 4........................... 1,000,000-1,499,999....... 161 164 167 170 174
Level 5........................... 1,500,000-1,999,999....... 201 205 209 213 218
Level 6........................... 2,000,000-2,499,999....... 241 246 251 256 261
Level 7........................... 2,500,000-2,999,999....... 281 287 293 299 305
Level 8........................... 3,000,000 and above....... 402 410 418 427 435
----------------------------------------------------------------------------------------------------------------
(4) For the performance of any other such compositions, in 2013
through 2017, $1.
(e) Payment of royalty rate. The public broadcasting entity shall
pay the required royalty rate to ASCAP, BMI and SESAC not later than
January 31 of each year. Each annual payment shall be accompanied by a
signed declaration stating the Population Count of the public
broadcasting entity and the source for such Population Count. An exact
copy of such declaration shall be furnished to each of ASCAP, BMI and
SESAC. Upon prior written notice thereof from ASCAP, BMI and SESAC, a
public broadcasting entity shall make its books and records relating to
its Population Count available for inspection. In the event that a
public broadcasting entity wishes to be deemed a Talk Format Station,
then such entity shall provide a signed declaration stating that
Feature Music is performed in less than 20% of its annual programming
and that it complies with the caps set forth in paragraph (b)(4) of
this section. An exact copy of such declaration shall be furnished to
each of ASCAP, BMI and SESAC. Upon prior written notice thereof from
ASCAP, BMI or SESAC, a public broadcasting entity shall make its
program schedule or other documentation supporting its eligibility as a
Talk Format Station available for inspection.
* * * * *
6. Section 381.7 is amended as follows:
a. By revising paragraphs (b)(1)(i)(A)-(D) and (b)(1)(ii)(A)-(D);
b. By revising paragraphs (b)(2)(i)-(iv);
c. In paragraph (b)(4), by removing ``2008-2012'' and adding
``2013-2017'' in its place; and
d. In paragraph (b)(5), by removing ``2012'' and adding ``2017'' in
its place.
The revisions to Sec. 381.7 read as follows:
Sec. 381.7 Recording rights, rates and terms.
* * * * *
(b) * * *
(1)(i) * * *
2013-2017
(A) Feature................................................ $116.37
(B) Concert feature (per minute)........................... $34.95
(C) Background............................................. $58.81
(D) Theme:
(1) Single program or first series program............... $58.81
(2) Other series program................................. $23.88
(ii) * * *
2013-2017
(A) Feature................................................ $9.62
(B) Concert feature (per minute)........................... $2.53
(C) Background............................................. $4.18
(D) Theme:
(1) Single program or first series program............... $4.18
(2) Other series program................................. $1.66
* * * * *
(2) * * *
2013-2017
(i) Feature................................................ $12.60
(ii) Concert feature (per minute).......................... $18.49
(iii) Background........................................... $6.31
(iv) Theme:
(A) Single program or first series program............... $6.31
(B) Other series program................................. $2.52
* * * * *
Sec. 381.8 [Removed and Reserved]
7. Remove and reserve Sec. 381.8.
8. Section 381.10 is amended as follows:
a. In paragraph (a), by removing ``2007'' and adding ``2013'' in
its place in each place it appears and by removing ``2006'' and adding
``2012'' in its place, and by removing ``On each December 1'' and
adding ``On or before each December 1'' in its place;
b. By revising paragraph (b);
c. In paragraph (c), by adding ``the'' before ``rates'', by
removing ``381.5'' and adding ``381.5(c)(3)'' in its place, and by
adding ``(30)'' after ``thirty''.
The revisions to Sec. 381.10 read as follows:
Sec. 381.10 Cost of living adjustment.
* * * * *
(b) On the same date of the notices published pursuant to paragraph
(a) of this section, the Copyright Royalty Judges shall publish in the
Federal Register a revised schedule of the rates for Sec. 381.5(c)(3),
the rate to be charged for compositions in the repertory of SESAC,
which shall adjust the royalty amounts established in a dollar amount
according to the greater of
(1) The change in the cost of living determined as provided in
paragraph (a) of this section, or
(2) Two percent (2%).
(3) Such royalty rates shall be fixed at the nearest dollar.
* * * * *
Dated: April 20, 2012.
Stanley C. Wisniewski,
U.S. Copyright Royalty Judge.
[FR Doc. 2012-9927 Filed 4-24-12; 8:45 am]
BILLING CODE 1410-72-P
