Distribution of 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009 Satellite Royalty Funds, 50114-50115 [2013-19966]
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Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices
proceedings for years 2006 through
2009.
Independent Producers Group (IPG)
objected to the motion, citing
unresolved distribution of royalties
deposited for royalty years antedating
2004 and asserting that the earlier
distributions should be completed
before initiating a proceeding for the
funds at issue in this proceeding. In the
interim, between the Joint Motion and
this notice, the Judges have resolved or
scheduled for resolution all issues
remaining in the earlier proceedings.
IPG’s objection to initiating this Phase II
proceeding is not persuasive as it is no
longer germane.
In light of the outstanding Phase II
controversies with respect to cable
royalties for 2004 to 2009, inclusive, the
Judges hereby grant the Joint Motion,
initiating a Phase II proceeding and
consolidating all extant proceedings
relating to cable royalties for the years
2004 through 2009, inclusive, for
resolution under the docket number
noted above.
Petitions To Participate
emcdonald on DSK67QTVN1PROD with NOTICES
Any interested party must file a
Petition to Participate (PTP) in
accordance with 37 CFR 351.1(b)(2).
PTPs submitted by interested parties
whose claims do not exceed $1,000
must contain a statement that the party
will not seek a distribution of more than
$1,000. The Judges will accept PTPs for
claims not exceeding $1,000 without a
filing fee. The Judges will reject the PTP
of any party asserting a claim in excess
of $1,000 that is not accompanied by the
filing fee of $150. The filing fee must be
paid by check or money order payable
to the ‘‘Copyright Royalty Board.’’ If a
check is returned for insufficient funds,
the corresponding Petition to Participate
will be dismissed.
To participate in this Phase II
proceeding, a party, other than an
individual, must be represented by an
attorney.
The Judges will address scheduling
and further procedural matters after
Petitions to Participate are filed.
Dated: August 12, 2013.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2013–19891 Filed 8–15–13; 8:45 am]
BILLING CODE 1410–72–P
by telephone at (202) 707–7658 or email
at crb@loc.gov.
SUPPLEMENTARY INFORMATION:
LIBRARY OF CONGRESS
Copyright Royalty Board
[Dockets No. 2012–7 CRB SD 2000–2009;
2008–5 CRB SD 1999–2000]
Distribution of 1999, 2000, 2001, 2002,
2003, 2004, 2005, 2006, 2007, 2008, and
2009 Satellite Royalty Funds
Copyright Royalty Board,
Library of Congress.
ACTION: Notice announcing
commencement of Phase II distribution
proceeding and request for Petitions to
Participate.
AGENCY:
The Copyright Royalty Judges
(Judges) announce the commencement
of a proceeding to determine the Phase
II distribution of royalties deposited by
satellite carriers for a statutory license to
retransmit over-the-air television
broadcast stations. A party wishing to
participate in this distribution
proceeding must file its Petition to
Participate and the accompanying $150
filing fee, if applicable, by the deadline
announced in this notice.
DATES: Petitions to Participate are due
on or before September 16, 2013.
ADDRESSES: Participants must submit a
Petition to Participate in a hard-copy
original, with five paper copies and an
electronic copy in Portable Document
Format (PDF) on a Compact Disc, along
with the $150 filing fee, to the Copyright
Royalty Board by either mail or hand
delivery. Participants MAY NOT submit
Petitions to Participate and the $150
filing fee by an overnight delivery
service other than the U.S. Postal
Service Express Mail. If participants
choose to use U.S. Postal Service
(including overnight delivery), they
must address their submissions to:
Copyright Royalty Board, P.O. Box
70977, Washington, DC 20024–0977. If
participants choose hand delivery by a
private party, they must deliver the
submissions to the Library of Congress,
James Madison Memorial Building, LM–
401, 101 Independence Avenue SE.,
Washington, DC 20559–6000. If
participants choose delivery by a
commercial courier, they must deliver
the submissions to the Congressional
Courier Acceptance Site, located at 2nd
and D Street, NE., Washington, DC. The
envelope must be addressed to:
Copyright Royalty Board, Library of
Congress, James Madison Memorial
Building, LM–403, 101 Independence
Avenue SE., Washington, DC 20559–
6000.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
LaKeshia Keys, CRB Program Specialist,
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Background
Twice each calendar year, satellite
carriers must deposit royalty payments
with the Copyright Office for the
statutory license granting the privilege
of retransmitting over-the-air television
broadcast stations. See 17 U.S.C.
119(b)(1)(B). These royalties are then
distributed to copyright owners whose
works were retransmitted and who
timely filed a claim for royalties.
The royalties for each calendar year at
issue are distributed in two phases. At
Phase I, the royalties are divided among
representatives of categories of
copyrightable content (e.g., movies,
music, and sports programming). At
Phase II, the royalties are divided among
the various copyright owners within
each category. If all participants agree to
a proposed distribution of royalties
deposited in any given royalty year, the
Judges may approve the settlement and
authorize disbursement. If, however, the
participants identify a controversy as to
the proper distribution, either at Phase
I or Phase II, the Judges are required to
conduct a proceeding under chapter 8 of
the Copyright Act. See 17 U.S.C.
119(b)(4)(B).
For each of the royalty years at issue
in this proceeding, the Judges have
published in the Federal Register a
notice requesting comments as to the
existence of controversies regarding
distribution of the funds.1 In each
instance, the Judges received and
considered comments and ordered
partial distribution of satellite royalties.
Participants with a contested claim to
each prior year’s distribution now seek
initiation of a consolidated Phase II
proceeding to resolve all remaining
controversies regarding the royalty
funds that the Copyright Office retains.
On August 29, 2012, representatives
of certain Phase I categories of claimants
filed a Joint Motion to Initiate Phase II
Proceedings for the Distribution of the
2000, 2001, 2002, 2003, 2004, 2005,
2006, 2007, 2008, and 2009 Satellite
Royalty Funds (Joint Motion). The
parties making the request are: Joint
Sports Claimants (JSC), Program
Suppliers, Devotional Claimants,
1 See Notice Requesting Comments, 70 FR 46193
(Aug. 9, 2005), Docket 2005–2 CRB SD 2001–2003;
Notice Requesting Comments, 73 FR 5597 (Jan. 30,
2008), Docket 2008–5 CRB SD 1999–2000; Notice
Requesting Comments, 75 FR 4423 (Jan. 27, 2010)
Docket 2010–2 CRB SD 2004–2007; Notice
Requesting Comments, 75 FR 66799 (Oct. 29, 2010),
Docket 2010–7 CRB SD 2008); Notice Requesting
Comments, 76 FR 55123 (Sept. 6, 2011), Docket
2011–8 CRB SD 2009.
E:\FR\FM\16AUN1.SGM
16AUN1
emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices
Broadcasters Claimants Group (BCG),
and the ‘‘Music Claimants’’ consisting of
Broadcast Music, Inc. (BMI), American
Society of Composers, Authors &
Publishers (ASCAP), and SESAC, Inc.
(collectively, Phase I Parties).
Independent Producers Group (IPG)
opposed the Joint Motion on the
grounds that: (i) a proceeding for 2000–
2009 funds should not be commenced
before resolution of all controversies
relating to 1997 to 1999 Satellite funds,
and (ii) combining ten years’ issues
would present an overwhelmingly
difficult task for counsel and the Judges.
The Phase I Parties replied that IPG had
not presented a compelling reason to
either delay the proceeding or to
bifurcate the proposed royalty year
aggregation.
With respect to the 1999 funds, after
the conclusion of a protracted California
state lawsuit initiated by IPG, the Judges
resolved all remaining issues, except
allocation of devotional programming
funds.2 To the extent IPG’s chronology
argument had any weight, that weight is
now lifted by the inclusion of the 1999
satellite controversy asserted by IPG in
this proceeding.
Similarly, with respect to the issue of
consolidating a decade’s distributions,
the Judges are confident that, after threeto 14- years of discussion, negotiation,
and professional courtesies, what
remains for judicial consideration is a
manageable array of questions, both for
counsel representing the parties and for
the Judges. Further, the statutory
calendar for distribution proceedings
provides ample time for discovery,
continuing negotiation, and possible
settlement of remaining controversies.
No party questioned the existence of
controversies relating to the satellite
funds at issue. IPG’s objections to
commencement of the proceeding and
to the aggregation of the royalty years
for determination are not persuasive.
The Judges, therefore, hereby announce
the commencement of a Phase II
distribution proceeding for satellite
royalties deposited between 1999 and
2009, inclusive, pursuant to 17 U.S.C.
803(b)(1) and request Petitions to
Participate (PTP) from interested
parties.
The assigned Docket Number for this
consolidated proceeding shall be 2012–
7 CRB SD 1999–2009 (Phase II). To
participate in this Phase II proceeding,
a party, other than an individual, must
be represented by an attorney.
2 See Order dated June 19, 2013 in 2008–5 CRB
SD 1999–2000.
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Jkt 229001
Petitions To Participate
Parties in interest must file PTPs in
accordance with 37 CFR 351.1(b).
Interested parties asserting claims in
excess of $1,000 must include with the
PTP a filing fee of $150 in the form of
check or money order payable to
‘‘Copyright Royalty Board’’. If a
participant’s claim does not exceed
$1,000 and if the PTP includes a
statement that the participant will not
seek a distribution in excess of $1,000,
the participant need not submit the
filing fee.3
The Judges will address scheduling
and further procedural matters after
receiving Petitions to Participate.
Dated: August 13, 2013.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2013–19966 Filed 8–15–13; 8:45 am]
BILLING CODE 1410–72–P
NATIONAL CREDIT UNION
ADMINISTRATION
Agency Information Collection
Activities: Submission to OMB for
Reinstatement, With Change, of a
Previously Approved Collection;
Comment Request
National Credit Union
Administration (NCUA).
ACTION: Request for comment.
AGENCY:
The NCUA intends to submit
the following information collection to
the Office of Management and Budget
(OMB) for review and clearance under
the Paperwork Reduction Act of 1995
(Pub. L. 104–13, 44 USC Chapter 35).
This information collection notice is
published to obtain comments from the
public. This is related to NCUA’s
regulation on the circumstances and
conditions under which Federal credit
union (FCU) members may inspect and
copy the FCU’s books, records, and
minutes of meetings.
DATES: Comments will be accepted until
October 15, 2013.
ADDRESSES: Interested parties are
invited to submit written comments to
the NCUA Contact and the OMB
Reviewer listed below:
NCUA Contact: Tracy Crews, National
Credit Union Administration, 1775
Duke Street, Alexandria, Virginia
22314–3428, Fax No. 703–837–2861,
Email: OCIOPRA@ncua.gov.
OMB Contact: Office of Management
and Budget, ATTN: Desk Officer for the
National Credit Union Administration,
SUMMARY:
3 See
PO 00000
17 U.S.C. 803(b)(2)(D)(ii).
Frm 00094
Fmt 4703
Sfmt 4703
50115
Office of Information and Regulatory
Affairs, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information, a
copy of the information collection
request, or a copy of submitted
comments should be directed to Tracy
Crews at the National Credit Union
Administration, 1775 Duke Street,
Alexandria, VA 22314–3428, or at (703)
518–6444.
SUPPLEMENTARY INFORMATION:
I. Abstract and Request for Comments
NCUA is reinstating a previously
approved collection of information for
12 CFR § 701.3, Member Inspection of
Credit Union Books, Records, and
Minutes. Section 701.3 is NCUA’s
regulation on the circumstances and
conditions under which FCU members
may inspect and copy the FCU’s books,
records, and minutes of meetings. The
collection of information requirements
apply to FCU members seeking
inspection and copying of the FCU’s
records and FCUs that receive such
member requests. To obtain access to
records, members are required to submit
a petition to the FCU, stating a proper
purpose for inspection and signed by at
least one percent of the members, with
a minimum of 20 and a maximum of
500 members. Section 701.3 requires
that the FCU must permit inspection of
relevant records if it receives such a
petition. The members of an FCU own
it, and the disclosure requirements
placed on an FCU are necessary to
ensure transparency and protect the
rights of the members. The FCU records
disclosed to members as a result of a
petition are used by the members to
protect their ownership and financial
interests. The petition signatures
collected by each FCU are used by the
FCU to verify the membership status of
each petitioner.
The information collection only arises
upon a member request. In NCUA’s
experience, members do not use this
petition authority often. NCUA
estimates that, on an annual basis and
across all FCUs, there will be only
approximately five member petitions
requesting inspection of FCU records.
NCUA estimates that it will take a group
of member-petitioners (each group
treated as one respondent)
approximately ten hours to prepare a
petition and submit it to the FCU. Five
groups of member-petitioners times ten
hours per respondent equals 50 annual
burden hours. NCUA estimates that it
will take an FCU that receives a petition
approximately 20 hours to evaluate the
petition, locate the relevant documents,
and make them available for inspection
E:\FR\FM\16AUN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50114-50115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19966]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
[Dockets No. 2012-7 CRB SD 2000-2009; 2008-5 CRB SD 1999-2000]
Distribution of 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, and 2009 Satellite Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice announcing commencement of Phase II distribution
proceeding and request for Petitions to Participate.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges (Judges) announce the
commencement of a proceeding to determine the Phase II distribution of
royalties deposited by satellite carriers for a statutory license to
retransmit over-the-air television broadcast stations. A party wishing
to participate in this distribution proceeding must file its Petition
to Participate and the accompanying $150 filing fee, if applicable, by
the deadline announced in this notice.
DATES: Petitions to Participate are due on or before September 16,
2013.
ADDRESSES: Participants must submit a Petition to Participate in a
hard-copy original, with five paper copies and an electronic copy in
Portable Document Format (PDF) on a Compact Disc, along with the $150
filing fee, to the Copyright Royalty Board by either mail or hand
delivery. Participants MAY NOT submit Petitions to Participate and the
$150 filing fee by an overnight delivery service other than the U.S.
Postal Service Express Mail. If participants choose to use U.S. Postal
Service (including overnight delivery), they must address their
submissions to: Copyright Royalty Board, P.O. Box 70977, Washington, DC
20024-0977. If participants choose hand delivery by a private party,
they must deliver the submissions to the Library of Congress, James
Madison Memorial Building, LM-401, 101 Independence Avenue SE.,
Washington, DC 20559-6000. If participants choose delivery by a
commercial courier, they must deliver the submissions to the
Congressional Courier Acceptance Site, located at 2nd and D Street,
NE., Washington, DC. The envelope must be addressed to: Copyright
Royalty Board, Library of Congress, James Madison Memorial Building,
LM-403, 101 Independence Avenue SE., Washington, DC 20559-6000.
FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, CRB Program Specialist,
by telephone at (202) 707-7658 or email at crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
Twice each calendar year, satellite carriers must deposit royalty
payments with the Copyright Office for the statutory license granting
the privilege of retransmitting over-the-air television broadcast
stations. See 17 U.S.C. 119(b)(1)(B). These royalties are then
distributed to copyright owners whose works were retransmitted and who
timely filed a claim for royalties.
The royalties for each calendar year at issue are distributed in
two phases. At Phase I, the royalties are divided among representatives
of categories of copyrightable content (e.g., movies, music, and sports
programming). At Phase II, the royalties are divided among the various
copyright owners within each category. If all participants agree to a
proposed distribution of royalties deposited in any given royalty year,
the Judges may approve the settlement and authorize disbursement. If,
however, the participants identify a controversy as to the proper
distribution, either at Phase I or Phase II, the Judges are required to
conduct a proceeding under chapter 8 of the Copyright Act. See 17
U.S.C. 119(b)(4)(B).
For each of the royalty years at issue in this proceeding, the
Judges have published in the Federal Register a notice requesting
comments as to the existence of controversies regarding distribution of
the funds.\1\ In each instance, the Judges received and considered
comments and ordered partial distribution of satellite royalties.
Participants with a contested claim to each prior year's distribution
now seek initiation of a consolidated Phase II proceeding to resolve
all remaining controversies regarding the royalty funds that the
Copyright Office retains.
---------------------------------------------------------------------------
\1\ See Notice Requesting Comments, 70 FR 46193 (Aug. 9, 2005),
Docket 2005-2 CRB SD 2001-2003; Notice Requesting Comments, 73 FR
5597 (Jan. 30, 2008), Docket 2008-5 CRB SD 1999-2000; Notice
Requesting Comments, 75 FR 4423 (Jan. 27, 2010) Docket 2010-2 CRB SD
2004-2007; Notice Requesting Comments, 75 FR 66799 (Oct. 29, 2010),
Docket 2010-7 CRB SD 2008); Notice Requesting Comments, 76 FR 55123
(Sept. 6, 2011), Docket 2011-8 CRB SD 2009.
---------------------------------------------------------------------------
On August 29, 2012, representatives of certain Phase I categories
of claimants filed a Joint Motion to Initiate Phase II Proceedings for
the Distribution of the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008, and 2009 Satellite Royalty Funds (Joint Motion). The parties
making the request are: Joint Sports Claimants (JSC), Program
Suppliers, Devotional Claimants,
[[Page 50115]]
Broadcasters Claimants Group (BCG), and the ``Music Claimants''
consisting of Broadcast Music, Inc. (BMI), American Society of
Composers, Authors & Publishers (ASCAP), and SESAC, Inc. (collectively,
Phase I Parties). Independent Producers Group (IPG) opposed the Joint
Motion on the grounds that: (i) a proceeding for 2000-2009 funds should
not be commenced before resolution of all controversies relating to
1997 to 1999 Satellite funds, and (ii) combining ten years' issues
would present an overwhelmingly difficult task for counsel and the
Judges. The Phase I Parties replied that IPG had not presented a
compelling reason to either delay the proceeding or to bifurcate the
proposed royalty year aggregation.
With respect to the 1999 funds, after the conclusion of a
protracted California state lawsuit initiated by IPG, the Judges
resolved all remaining issues, except allocation of devotional
programming funds.\2\ To the extent IPG's chronology argument had any
weight, that weight is now lifted by the inclusion of the 1999
satellite controversy asserted by IPG in this proceeding.
---------------------------------------------------------------------------
\2\ See Order dated June 19, 2013 in 2008-5 CRB SD 1999-2000.
---------------------------------------------------------------------------
Similarly, with respect to the issue of consolidating a decade's
distributions, the Judges are confident that, after three- to 14- years
of discussion, negotiation, and professional courtesies, what remains
for judicial consideration is a manageable array of questions, both for
counsel representing the parties and for the Judges. Further, the
statutory calendar for distribution proceedings provides ample time for
discovery, continuing negotiation, and possible settlement of remaining
controversies.
No party questioned the existence of controversies relating to the
satellite funds at issue. IPG's objections to commencement of the
proceeding and to the aggregation of the royalty years for
determination are not persuasive. The Judges, therefore, hereby
announce the commencement of a Phase II distribution proceeding for
satellite royalties deposited between 1999 and 2009, inclusive,
pursuant to 17 U.S.C. 803(b)(1) and request Petitions to Participate
(PTP) from interested parties.
The assigned Docket Number for this consolidated proceeding shall
be 2012-7 CRB SD 1999-2009 (Phase II). To participate in this Phase II
proceeding, a party, other than an individual, must be represented by
an attorney.
Petitions To Participate
Parties in interest must file PTPs in accordance with 37 CFR
351.1(b). Interested parties asserting claims in excess of $1,000 must
include with the PTP a filing fee of $150 in the form of check or money
order payable to ``Copyright Royalty Board''. If a participant's claim
does not exceed $1,000 and if the PTP includes a statement that the
participant will not seek a distribution in excess of $1,000, the
participant need not submit the filing fee.\3\
---------------------------------------------------------------------------
\3\ See 17 U.S.C. 803(b)(2)(D)(ii).
---------------------------------------------------------------------------
The Judges will address scheduling and further procedural matters
after receiving Petitions to Participate.
Dated: August 13, 2013.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2013-19966 Filed 8-15-13; 8:45 am]
BILLING CODE 1410-72-P
