Determination of Reasonable Rates and Terms for Noncommercial Broadcasting, 71104-71109 [2012-28785]
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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.
*
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(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
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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:
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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).
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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.
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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
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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).
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*
*
(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).
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(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)
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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
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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
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$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
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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.
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$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
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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
............
............
............
............
............
............
............
............
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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
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2014
$631
631
631
788
985
1,182
1,379
1,970
Fmt 4700
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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
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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 ......
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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 https://
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
https://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
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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
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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
