Determination of Reasonable Rates and Terms for Noncommercial Broadcasting, 71104-71109 [2012-28785]

Download as PDF pmangrum on DSK3VPTVN1PROD with RULES 71104 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations (d)(1)(i) through (iv) of this section does not vary, and that for any designated work, the records of the Copyright Office do not include an address at which notice can be served. * * * * * (e) * * * (5) If the Notice is filed in the Office electronically, the person or entity intending to obtain the compulsory license or a duly authorized agent of such person or entity shall, rather than signing the Notice, attest that he or she has the appropriate authority of the licensee, including any related entities listed, if applicable, to submit the electronically filed Notice on behalf of the licensee. * * * * * (g) Filing date and legal sufficiency of Notices. The Copyright Office will notify a prospective licensee when a Notice was not accompanied by payment of the required fee. Notices shall be deemed filed as of the date the Office receives both the Notice and the fee, if applicable. If the prospective licensee fails to remit the required fee, the Notice will be deemed not to have been filed with the Office. However, the Copyright Office does not review Notices for legal sufficiency or interpret the content of any Notice filed with the Copyright Office under this section. Furthermore, the Copyright Office does not screen Notices for errors or discrepancies and it does not generally correspond with a prospective licensee about the sufficiency of a Notice. If any issue (other than an issue related to fees) arises as to whether a Notice filed in the Copyright Office is sufficient as a matter of law under this section, that issue shall be determined not by the Copyright Office, but shall be subject to a determination of legal sufficiency by a court of competent jurisdiction. Prospective licensees are therefore cautioned to review and scrutinize Notices to assure their legal sufficiency before filing them in the Copyright Office. * * * * * (i) Privacy Act Advisory Statement. The authority for receiving the personally identifying information included within a Notice of Intention to obtain a compulsory license is found in 17 U.S.C. 115 and § 201.18. Personally identifying information is any personal information that can be used to identify or trace an individual, such as name, address or telephone numbers. Furnishing the information set forth in § 201.18 is voluntary. However, if the information is not furnished, it may affect the sufficiency of Notice of Intention to obtain a compulsory license VerDate Mar<15>2010 13:45 Nov 28, 2012 Jkt 229001 and may not entitle the prospective licensee to the benefits available under 17 U.S.C. 115. The principal uses of the requested information are the establishment and maintenance of a public record of the Notices of Intention to obtain a compulsory license received in the Licensing Division of the Copyright Office. Other routine uses include public inspection and copying, preparation of public indexes, preparation of public catalogs of copyright records including online catalogs, and preparation of search reports upon request. Dated: September 21, 2012. Maria A. Pallante, Register of Copyrights. James H. Billington, The Librarian of Congress. [FR Doc. 2012–28906 Filed 11–28–12; 8:45 am] BILLING CODE 1410–30–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: Final rule. AGENCY: The Copyright Royalty Judges are publishing final regulations setting the 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: Effective Date: January 1, 2013. Applicability Dates: The regulations apply to the license period January 1, 2013, through December 31, 2017. FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by telephone at (202) 707–7658 or email at crb@loc.gov. SUPPLEMENTARY INFORMATION: 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, beginning in 2006, to determine the rates and terms for the section 118 license. 17 U.S.C. 804(b)(6). Accordingly, the Judges conducted a proceeding to SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 determine the rates and terms for the license period 2008–2012 and published final regulations on November 30, 2007. 72 FR 67646. On January 5, 2011, the Judges published in the Federal Register a notice commencing the proceeding to determine the rates and terms for the 2013–2017 license period and requesting submission of petitions to participate from interested parties. 76 FR 591. 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. (‘‘MRI’’); 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 30, 2011. The Judges received written direct statements from CRA, BMI, ASCAP, and MRI,1 as well as several notifications of settlement and proposed rates and terms for the Judges to adopt. There are two ways that copyright owners and public broadcasting entities 2 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 1 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, MRI and CRA each withdrew from the proceeding on December 13, 2011, and January 27, 2012, respectively. 2 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). E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations in this category; no further action is required with respect to these agreements. 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. pmangrum on DSK3VPTVN1PROD with RULES 17 U.S.C. 801(b)(7)(A). The Judges received seven such proposals and published a notice requesting comment on the proposed rates and terms contained in the proposals, with certain modifications, submitted by 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.3 77 FR 24662 (April 25, 2012). Comments were due by May 25, 2012. The Judges received comments from Common Frequency; OpenSky Radio Corp.; The Prometheus Radio Project; Wimberley Valley Radio; WKNC–FM; and PBS and NPR, jointly. Each comment, except the PBS/NPR comment,4 opposed certain of the proposed rates as not reasonable as applied to them.5 The Judges’ ability to reject an agreement on the reasonableness of the rates and terms proposed therein is constrained by statute. Specifically, section 3 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. 4 The PBS/NPR comment opposed the Judges’ proposal to remove and reserve two sections— specifically § 381.4 and § 381.8, which govern performance of musical compositions by PBS, NPR and other public broadcasting entities engaged in the activities of 17 U.S.C. 118(c), and the use of published pictorial, graphic and sculptural works in PBS-distributed programs as well as in other PBSdistributed programs, respectively—and proposed VerDate Mar<15>2010 13:45 Nov 28, 2012 Jkt 229001 801(b)(7)(A)(ii) precludes the Judges from declining to adopt proposed rates and terms on the grounds of reasonableness unless a participant to the proceeding objects. None of the entities objecting to the proposed rates and terms submitted a timely filed petition to participate in this proceeding, and therefore none qualifies as a participant to the proceeding. Therefore, having received no objections to the reasonableness of the proposed rates and terms from a participant to this proceeding, the Copyright Royalty Judges are adopting final regulations, as published on April 25, 2012, and June 26, 2012, which set the rates and terms for the section 118 statutory license for the period 2013–2017.6 71105 § 381.4 Performance of musical compositions by PBS, NPR and other public broadcasting entities engaged in the activities set forth in 17 U.S.C. 118(c). * * * * * (a) Determination of royalty rate. 1. The authority citation for part 381 continues to read as follows: (1) For performance of such work in a feature presentation of PBS: 2013–2017 ............................ (2) For performance of such a work as background or theme music in a PBS program: 2013–2017 ............................ (3) For performance of such a work in a feature presentation of a station of PBS: 2013–2017 ............................ (4) For performance of such a work as background or theme music in a program of a station of PBS: 2013–2017 ............................ (5) For the performance of such a work in a feature presentation of NPR: 2013–2017 ............................ (6) For the performance of such a work as background or theme music in an NPR program: 2013–2017 ............................ (7) For the performance of such a work in a feature presentation of a station of NPR: 2013–2017 ............................ (8) For the performance of such a work as background or theme music in a program of a station of NPR: 2013–2017 ............................ Authority: 17 U.S.C. 118, 801(b)(1) and 803. ■ List of Subjects in 37 CFR Part 381 Copyright, Music, Radio, Television, Rates. Final Regulations For the reasons set forth in the preamble, the Copyright Royalty Judges amend Part 381 to Chapter III of title 37 of the Code of Federal Regulations as follows: PART 381—USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING ■ § 381.1 [Amended] $232.18 $58.51 $19.84 $4.18 $23.53 $5.70 $1.66 $.59 4. Section 381.5 is amended by revising paragraphs (c) and (d) to read as follows: ■ 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. § 381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities. ■ 3. Section 381.4 is amended as follows: ■ a. By revising paragraphs (a)(1) through(8); and ■ b. In paragraph (c), by removing ‘‘2008’’ and adding ‘‘2013’’ in its place, and by removing ‘‘2012’’ and adding ‘‘2017’’ in its place. The revisions read as follows: * rates and terms for these sections for the 2013–2017 license period. The Judges proposed removal of these sections because none of the initial joint proposals addressed them. In accordance with 17 U.S.C. 801(b)(7)(A), the Judges sought comment on this proposal in a subsequent notice. 77 FR 38022 (June 26, 2012). Comments were due July 26, 2012; none were received. 5 After the comment period, BMI and ASCAP submitted a letter to ‘‘clarify’’ portions of the joint proposals addressed by the comments. See Letter from BMI and ASCAP, dated June 6, 2012. OpenSky Radio responded to the BMI/ASCAP letter on July 17, 2012. For the reasons set forth above, the Judges need not address these submissions. 6 The regulations adopted today no longer require the Judges to publish a cost of living adjustment and a revised schedule of rates for the ASCAP and BMI repertories in § 381.5. See 37 CFR 381.5(c)(1)– (2). Such publication still is required for the SESAC repertory but not until on or before December 1, 2013. See 37 CFR 381.5(c)(3), 381.10(a). PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 * * * * (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) E:\FR\FM\29NOR1.SGM 29NOR1 71106 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations Number of full-time students Level Level Level Level Level 1 2 3 4 5 ............ ............ ............ ............ ............ 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 pmangrum on DSK3VPTVN1PROD with RULES 1 2 3 4 5 ............ ............ ............ ............ ............ VerDate Mar<15>2010 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 13:45 Nov 28, 2012 Jkt 229001 $319 369 505 655 822 2015 $325 376 515 668 838 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. Number of full-time students Level Level Level Level Level 2014 2014 $319 369 505 655 822 * * * * (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 Frm 00024 Fmt 4700 Sfmt 4700 2017 $339 392 535 695 872 $345 399 546 708 890 (2) For all such compositions in the repertory of BMI, the royalty rates shall be as follows: (i) $325 376 515 668 838 § 381.6 Performance of musical compositions by other public broadcasting entities. PO 00000 $332 384 525 681 855 2015 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 removing paragraph (f). ■ b. By redesignating paragraphs (b) through (e) as paragraphs (c) through (f), respectively; ■ c. By adding a new paragraph (b); ■ d. By revising newly redesignated paragraphs (d) and (e). The additions and revisions to § 381.6 read as follows: * 2016 2016 $332 384 525 681 855 2017 $339 392 535 695 872 $345 399 546 708 890 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 E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 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 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 .............................. 2014 $631 1,126 1,688 2,251 2,814 3,377 3,939 5,628 71107 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): 2015 $644 1,149 1,722 2,296 2,870 3,445 4,018 5,741 2016 $657 1,171 1,756 2,342 2,928 3,513 4,098 5,855 $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 ............ ............ ............ ............ ............ ............ ............ ............ 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 ............ ............ ............ ............ ............ ............ ............ ............ $631 631 631 788 985 1,182 1,379 1,970 2015 $644 644 644 804 1,005 1,206 1,406 2,009 2016 $657 657 657 820 1,025 1,230 1,434 2,049 $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 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 .............................. 2014 $631 1,126 1,688 2,251 2,814 3,377 3,939 5,628 2015 $644 1,149 1,722 2,296 2,870 3,445 4,018 5,741 2016 $657 1,171 1,756 2,342 2,928 3,513 4,098 5,855 $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): pmangrum on DSK3VPTVN1PROD with RULES Population count Level Level Level Level Level Level Level Level 1 2 3 4 5 6 7 8 ............ ............ ............ ............ ............ ............ ............ ............ 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 .............................. 3,000,000 and above .............................. 13:45 Nov 28, 2012 Jkt 229001 PO 00000 Frm 00025 2014 $631 631 631 788 985 1,182 1,379 1,970 Fmt 4700 Sfmt 4700 2015 $644 644 644 804 1,005 1,206 1,406 2,009 E:\FR\FM\29NOR1.SGM 2016 $657 657 657 820 1,025 1,230 1,434 2,049 29NOR1 $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 71108 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations (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 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 .............................. 2014 $138 230 345 459 574 689 804 1,149 2015 $140 234 352 468 586 702 820 1,171 2016 $143 239 359 478 597 716 836 1,195 2017 $146 244 366 487 609 731 853 1,219 $149 248 373 497 622 745 870 1,243 (ii) Talk fees for stations with <20% Feature Music programming: Population count pmangrum on DSK3VPTVN1PROD with RULES 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. * * * * * VerDate Mar<15>2010 2013 13:45 Nov 28, 2012 Jkt 229001 2014 $138 138 138 161 201 241 281 402 2015 $140 140 140 164 205 246 287 410 $143 143 143 167 209 251 293 418 6. Section 381.7 is amended as follows: ■ a. By revising paragraphs (b)(1)(i)(A) through (D) and (b)(1)(ii)(A) through (D); ■ b. By revising paragraphs (b)(2)(i) through (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 read as follows: * § 381.7 * ■ * Recording rights, rates and terms. * * (b) * * * (1)(i) * * * * * $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 of program .................. (2) Other series program ...... PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 2017 $146 146 146 170 213 256 299 427 * * (2) * * * * $149 149 149 174 218 261 305 435 * 2013–2017 (i) Feature ................................. (ii) Concert feature (per minute) (iii) Background ......................... (iv) Theme: (A) Single program or first series program .................. (B) Other series program ...... * * * $ 12.60 18.49 6.31 6.31 2.52 * 7. Section 381.8 is amended as follows: ■ a. By revising paragraphs (b)(1)(i) through (ii); and ■ b. In paragraph (f), by removing ‘‘2012’’ and adding ‘‘2017’’ in its place. The revisions read as follows: ■ 2013–2017 (A) Feature ............................... (B) Concert feature (per minute) .................................. (C) Background ........................ (D) Theme: (1) Single program or first series program ...................... (2) Other series program ...... 2016 § 381.8 Terms and rates of royalty payments for the use of published pictorial, graphic, and sculptural works. * * * * * (b) * * * (1)* * * (i) For such uses in a PBSdistributed program: 2013–2017 $ 9.62 2.53 4.18 4.18 1.66 (A) For featured display of a work ....................................... (B) For background and montage display ........................... (C) For use of a work for program identification or for thematic use ............................... E:\FR\FM\29NOR1.SGM 29NOR1 $70.75 34.50 139.46 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations The revisions read as follows: 2013–2017 § 381.10 (D) For the display of an art reproduction copyrighted separately from the work of fine art from which the work was reproduced irrespective of whether the reproduced work of fine art is copyrighted so as to be subject also to payment of a display fee under the terms of the schedule ..... 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 45.82 for compositions in the repertory of SESAC, which shall adjust the royalty amounts established in a dollar amount (ii) For such uses in other than PBSaccording to the greater of distributed programs: (1) The change in the cost of living 2013–2017 determined as provided in paragraph (a) of this section, or (A) For featured display of a (2) Two percent (2%). work ....................................... $45.82 (3) Such royalty rates shall be fixed at (B) For background and montage display ........................... 23.48 the nearest dollar. * * * * * (C) For use of a work for program identification or for thematic use ............................... (D) For the display of an art reproduction copyrighted separately from the work of fine art from which the work was reproduced irrespective of whether the reproduced work of fine art is copyrighted so as to be subject also to payment of a display fee under the terms of the schedule ..... 93.65 Dated: November 21, 2012. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2012–28785 Filed 11–28–12; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 23.49 40 CFR Part 52 * * * * * ■ 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’’. [EPA–R09–OAR–2012–0267; FRL–9730–3] Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is finalizing approval of revisions to the SJVUAPCD portion of the California State Implementation Plan (SIP). This rule was proposed in SUMMARY: 71109 the Federal Register on April 30, 2012 and concerns volatile organic compound (VOC) emissions from wine storage tanks. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule is effective on December 31, 2012. ADDRESSES: EPA has established docket number EPA–R09–OAR–2012–0267 for this action. Generally, documents in the docket for this action are available electronically at http:// www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multivolume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Lily Wong, EPA Region IX, (415) 947–4114, wong.lily@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On April 30, 2012 (77 FR 25384), EPA proposed to approve the following rule into the California SIP. Local agency Rule No. Rule title Adopted Submitted SJVUAPCD ..................................... 4694 Wine Fermentation and Storage Tanks. 12/15/05 11/18/11 (amended submittal as adopted 08/18/11). pmangrum on DSK3VPTVN1PROD with RULES We proposed to approve this rule because we determined that it complied with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation. II. Public Comments and EPA Responses EPA’s proposed action provided a 30day public comment period. We received comments from the following parties. VerDate Mar<15>2010 13:45 Nov 28, 2012 Jkt 229001 1. Dan Belliveau, NohBell Corporation; letter dated and received May 30, 2012. 2. Steven Colome, EcoPAS; email dated and received May 31, 2012. While these comments were received after the public comment period, EPA elected to add these comments to the docket and respond to the issues raised. The comments and our responses are summarized below. a. Comment: The commenters generally described their respective technologies and results to date to PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 capture and control VOC emissions from the wine fermentation process. Both commenters stated that they believe their technologies represent reasonably available control technology (RACT) and believed this information should be considered in EPA’s determination on RACT. Response: EPA defines RACT as the ‘‘lowest emissions limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering E:\FR\FM\29NOR1.SGM 29NOR1

Agencies

[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Rules and Regulations]
[Pages 71104-71109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28785]


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

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: Final rule.

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

SUMMARY: The Copyright Royalty Judges are publishing final regulations 
setting the 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: Effective Date: January 1, 2013.
    Applicability Dates: The regulations apply to the license period 
January 1, 2013, through December 31, 2017.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by 
telephone at (202) 707-7658 or email at crb@loc.gov.

SUPPLEMENTARY INFORMATION: 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, beginning in 2006, to determine the rates 
and terms for the section 118 license. 17 U.S.C. 804(b)(6). 
Accordingly, the Judges conducted a proceeding to determine the rates 
and terms for the license period 2008-2012 and published final 
regulations on November 30, 2007. 72 FR 67646.
    On January 5, 2011, the Judges published in the Federal Register a 
notice commencing the proceeding to determine the rates and terms for 
the 2013-2017 license period and requesting submission of petitions to 
participate from interested parties. 76 FR 591. 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. (``MRI''); 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 30, 2011. The Judges received written 
direct statements from CRA, BMI, ASCAP, and MRI,\1\ as well as several 
notifications of settlement and proposed rates and terms for the Judges 
to adopt.
---------------------------------------------------------------------------

    \1\ 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, MRI and CRA each 
withdrew from the proceeding on December 13, 2011, and January 27, 
2012, respectively.
---------------------------------------------------------------------------

    There are two ways that copyright owners and public broadcasting 
entities \2\ 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

[[Page 71105]]

in this category; no further action is required with respect to these 
agreements.
---------------------------------------------------------------------------

    \2\ 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 such proposals and 
published a notice requesting comment on the proposed rates and terms 
contained in the proposals, with certain modifications, submitted by 
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.\3\ 77 FR 24662 (April 25, 
2012). Comments were due by May 25, 2012.
---------------------------------------------------------------------------

    \3\ 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.

    The Judges received comments from Common Frequency; OpenSky Radio 
Corp.; The Prometheus Radio Project; Wimberley Valley Radio; WKNC-FM; 
and PBS and NPR, jointly. Each comment, except the PBS/NPR comment,\4\ 
opposed certain of the proposed rates as not reasonable as applied to 
them.\5\ The Judges' ability to reject an agreement on the 
reasonableness of the rates and terms proposed therein is constrained 
by statute. Specifically, section 801(b)(7)(A)(ii) precludes the Judges 
from declining to adopt proposed rates and terms on the grounds of 
reasonableness unless a participant to the proceeding objects. None of 
the entities objecting to the proposed rates and terms submitted a 
timely filed petition to participate in this proceeding, and therefore 
none qualifies as a participant to the proceeding. Therefore, having 
received no objections to the reasonableness of the proposed rates and 
terms from a participant to this proceeding, the Copyright Royalty 
Judges are adopting final regulations, as published on April 25, 2012, 
and June 26, 2012, which set the rates and terms for the section 118 
statutory license for the period 2013-2017.\6\
---------------------------------------------------------------------------

    \4\ The PBS/NPR comment opposed the Judges' proposal to remove 
and reserve two sections--specifically Sec.  381.4 and Sec.  381.8, 
which govern performance of musical compositions by PBS, NPR and 
other public broadcasting entities engaged in the activities of 17 
U.S.C. 118(c), and the use of published pictorial, graphic and 
sculptural works in PBS-distributed programs as well as in other 
PBS-distributed programs, respectively--and proposed rates and terms 
for these sections for the 2013-2017 license period. The Judges 
proposed removal of these sections because none of the initial joint 
proposals addressed them. In accordance with 17 U.S.C. 801(b)(7)(A), 
the Judges sought comment on this proposal in a subsequent notice. 
77 FR 38022 (June 26, 2012). Comments were due July 26, 2012; none 
were received.
    \5\ After the comment period, BMI and ASCAP submitted a letter 
to ``clarify'' portions of the joint proposals addressed by the 
comments. See Letter from BMI and ASCAP, dated June 6, 2012. OpenSky 
Radio responded to the BMI/ASCAP letter on July 17, 2012. For the 
reasons set forth above, the Judges need not address these 
submissions.
    \6\ The regulations adopted today no longer require the Judges 
to publish a cost of living adjustment and a revised schedule of 
rates for the ASCAP and BMI repertories in Sec.  381.5. See 37 CFR 
381.5(c)(1)-(2). Such publication still is required for the SESAC 
repertory but not until on or before December 1, 2013. See 37 CFR 
381.5(c)(3), 381.10(a).
---------------------------------------------------------------------------

List of Subjects in 37 CFR Part 381

    Copyright, Music, Radio, Television, Rates.

Final Regulations

    For the reasons set forth in the preamble, the Copyright Royalty 
Judges amend Part 381 to Chapter III of title 37 of the Code of Federal 
Regulations as follows:

PART 381--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH 
NONCOMMERCIAL EDUCATIONAL BROADCASTING

0
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]

0
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.

0
3. Section 381.4 is amended as follows:
0
a. By revising paragraphs (a)(1) through(8); and
0
b. In paragraph (c), by removing ``2008'' and adding ``2013'' in its 
place, and by removing ``2012'' and adding ``2017'' in its place.
    The revisions read as follows:


Sec.  381.4  Performance of musical compositions by PBS, NPR and other 
public broadcasting entities engaged in the activities set forth in 17 
U.S.C. 118(c).

* * * * *
    (a) Determination of royalty rate.

(1) For performance of such work in a feature presentation
 of PBS:
  2013-2017................................................      $232.18
(2) For performance of such a work as background or theme
 music in a PBS program:
  2013-2017................................................       $58.51
(3) For performance of such a work in a feature
 presentation of a station of PBS:
  2013-2017................................................       $19.84
(4) For performance of such a work as background or theme
 music in a program of a station of PBS:
  2013-2017................................................        $4.18
(5) For the performance of such a work in a feature
 presentation of NPR:
  2013-2017................................................       $23.53
(6) For the performance of such a work as background or
 theme music in an NPR program:
  2013-2017................................................        $5.70
(7) For the performance of such a work in a feature
 presentation of a station of NPR:
  2013-2017................................................        $1.66
(8) For the performance of such a work as background or
 theme music in a program of a station of NPR:
  2013-2017................................................         $.59
 


0
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)

[[Page 71106]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          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)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          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.
* * * * *

0
5. Section 381.6 is amended as follows:
0
a. By removing paragraph (f).
0
b. By redesignating paragraphs (b) through (e) as paragraphs (c) 
through (f), respectively;
0
c. By adding a new paragraph (b);
0
d. By revising newly redesignated paragraphs (d) and (e).
    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

[[Page 71107]]

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


[[Page 71108]]

     (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
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.
* * * * *

0
6. Section 381.7 is amended as follows:
0
a. By revising paragraphs (b)(1)(i)(A) through (D) and (b)(1)(ii)(A) 
through (D);
0
b. By revising paragraphs (b)(2)(i) through (iv);
0
c. In paragraph (b)(4), by removing ``2008-2012'' and adding ``2013-
2017'' in its place; and
0
d. In paragraph (b)(5), by removing ``2012'' and adding ``2017'' in its 
place.
    The revisions 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 of 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
------------------------------------------------------------------------

* * * * *

0
7. Section 381.8 is amended as follows:
0
a. By revising paragraphs (b)(1)(i) through (ii); and
0
b. In paragraph (f), by removing ``2012'' and adding ``2017'' in its 
place.
    The revisions read as follows:


Sec.  381.8  Terms and rates of royalty payments for the use of 
published pictorial, graphic, and sculptural works.

* * * * *
    (b) * * *
    (1)* * * (i) For such uses in a PBS-distributed program:

------------------------------------------------------------------------
                                                              2013-2017
------------------------------------------------------------------------
(A) For featured display of a work.........................       $70.75
(B) For background and montage display.....................        34.50
(C) For use of a work for program identification or for           139.46
 thematic use..............................................

[[Page 71109]]

 
(D) For the display of an art reproduction copyrighted             45.82
 separately from the work of fine art from which the work
 was reproduced irrespective of whether the reproduced work
 of fine art is copyrighted so as to be subject also to
 payment of a display fee under the terms of the schedule..
------------------------------------------------------------------------

    (ii) For such uses in other than PBS-distributed programs:

------------------------------------------------------------------------
                                                              2013-2017
------------------------------------------------------------------------
(A) For featured display of a work.........................       $45.82
(B) For background and montage display.....................        23.48
(C) For use of a work for program identification or for            93.65
 thematic use..............................................
(D) For the display of an art reproduction copyrighted             23.49
 separately from the work of fine art from which the work
 was reproduced irrespective of whether the reproduced work
 of fine art is copyrighted so as to be subject also to
 payment of a display fee under the terms of the schedule..
------------------------------------------------------------------------

* * * * *

0
8. Section 381.10 is amended as follows:
0
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;
0
b. By revising paragraph (b);
0
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 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: November 21, 2012.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2012-28785 Filed 11-28-12; 8:45 am]
BILLING CODE 1410-72-P