Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates, 71501-71502 [2013-28632]

Download as PDF Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations § 201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Division. 2. Amend § 201.3 to add paragraphs (e)(9) and (10) to read as follows: ■ * * * * 71501 (e) * * * * Licensing Division services * * * * Fees * * * (9) Processing of a statement account based on secondary transmissions of primary transmissions pursuant to 17 U.S.C. 111: (i) Form SA1 ............................................................................................................................................................................................. (ii) Form SA2 ............................................................................................................................................................................................ (iii) Form SA3 ........................................................................................................................................................................................... (10) Processing of a statement of account based on secondary transmissions of primary transmissions pursuant to 17 U.S.C. 119 or 122 ............................................................................................................................................................................................................... * * * * * Dated: November 25, 2013. Maria A. Pallante, Register of Copyrights. [FR Doc. 2013–28716 Filed 11–27–13; 8:45 am] BILLING CODE 1410–30–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 2013–9 CRB NCEB COLA] Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities Copyright Royalty Board, Library of Congress. ACTION: Final rule. AGENCY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2% in the royalty rates that colleges, universities, and other educational institutions not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the SESAC repertory for the statutory license under the Copyright Act for noncommercial broadcasting. DATES: Effective Date: December 30, 2013. FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist. Telephone: (202) 707–7658. Email: crb@ loc.gov. SUPPLEMENTARY INFORMATION: Section 118 of the Copyright Act, title 17 of the United States Code, creates a compulsory license for the use of published nondramatic musical works and published pictorial, graphic, and sculptural works in connection with noncommercial broadcasting. sroberts on DSK5SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 20:31 Nov 27, 2013 Jkt 232001 On November 29, 2012, the Copyright Royalty Judges (Judges) adopted final regulations governing the rates and terms of copyright royalty payments under section 118 of the Copyright Act for the license period 2013–2017. See 77 FR 71104. Pursuant to these regulations, on or before December 1 of each year, the Judges shall publish in the Federal Register a notice of the change in the cost of living for the rate codified at § 381.5(c)(3) relating to compositions in the repertory of SESAC. See 37 CFR 381.10. The adjustment, fixed to the nearest dollar, shall be the greater of (1) ‘‘the change in the cost of living as determined by the Consumer Price Index (all consumers, all items) [CPI–U] . . . during the period from the most recent index published prior to the previous notice to the most recent index published prior to December 1, of that year,’’ 37 CFR 381.10(a), or (2) 2%. 37 CFR 381.10(b), (c). The change in the cost of living as determined by the CPI–U during the period from the most recent index published before December 1, 2012, to the most recent index published before December 1, 2013, is 1%.1 In accordance with 37 CFR 381.10(b), the Judges announce that the cost of living adjustment shall be 2%. Application of the 2% COLA to the current rate for the performance of published nondramatic musical compositions in the repertory of SESAC—$140 per station—results in an adjusted rate of $143 per station. List of Subjects in 37 CFR Part 381 Copyright, Music, Radio, Television, Rates. 1 On November 20, 2013, the Bureau of Labor Statistics announced that the CPI–U increased 1.0% over the last 12 months. PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 15 20 725 725 Final Regulations In consideration of the foregoing, the Judges amend part 381 of title 37 of the Code of Federal Regulations as follows: PART 381—USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING 1. The authority citation for part 381 continues to read as follows: ■ Authority: 17 U.S.C. 118, 801(b)(1), and 803. 2. Section 381.5 is amended by revising paragraph (c)(3)(ii) to read as follows: ■ § 381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities. * * * * * (c) * * * (3) * * * (ii) 2014: $143 per station. * * * * * Dated: November 21, 2013. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2013–28633 Filed 11–27–13; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 386 [Docket No. 2013–8 CRB Satellite COLA] Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates Copyright Royalty Board, Library of Congress. AGENCY: E:\FR\FM\29NOR1.SGM 29NOR1 71502 ACTION: Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations Final rule. The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 1% in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2012 to October 2013. DATES: Effective Date: January 1, 2014. Applicability Dates: These rates are applicable to the period January 1, 2014, through December 31, 2014. FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist. Telephone: (202) 707–7658. Email: crb@ loc.gov. SUPPLEMENTARY INFORMATION: The satellite carrier compulsory license establishes a statutory copyright licensing scheme for the retransmission of distant television programming by satellite carriers. 17 U.S.C. 119. Congress created the license in 1988 and has reauthorized the license for additional five-year periods, most recently with the Satellite Television Extension and Localism Act of 2010 (STELA), Public Law 111–175. On August 31, 2010, the Copyright Royalty Judges (Judges) adopted rates for the section 119 compulsory license for the 2010–2014 term. See 75 FR 53198. The rates adopted by the Judges were proposed by Copyright Owners and Satellite Carriers 1 and were unopposed. Id. Section 119(c)(2) of the Copyright Act requires the Judges to adjust the adopted rates annually ‘‘to reflect any changes occurring in the cost of living adjustment as determined by the most recent Consumer Price Index (for all consumers and for all items) [CPI–U] published . . . before December 1 of the preceding year.’’ Section 119 also requires that ‘‘[n]otification of the adjusted fees shall be published in the Federal Register at least 25 days before January 1.’’ 17 U.S.C. 119(c)(2). Today’s notice fulfills this obligation. The change in the cost of living as determined by the CPI–U during the period from the most recent index published before December 1, 2012, to the most recent index published before December 1, 2013, is 1%.2 Application of the 1% COLA to the current rate for the secondary transmission of broadcast stations by satellite carriers for private home viewing—27 cents per subscriber sroberts on DSK5SPTVN1PROD with RULES SUMMARY: 1 Program Suppliers and Joint Sports Claimants comprised the Copyright Owners while DIRECTV, Inc.; DISH Network, LLC and National Programming Service, LLC, comprised the Satellite Carriers. 2 On November 20, 2013, the Bureau of Labor Statistics announced that the CPI–U increased 1.0% over the last 12 months. VerDate Mar<15>2010 20:31 Nov 27, 2013 Jkt 232001 per month—results in the same rate of 27 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(1). Application of the 1% COLA to the current rate for viewing in commercial establishments—54 cents per subscriber per month—results in an adjusted rate of 55 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(2). List of Subjects in 37 CFR Part 386 Copyright, Satellite, Television. Final Regulations In consideration of the foregoing, the Judges amend part 386 of title 37 of the Code of Federal Regulations as follows: PART 386—ADJUSTMENT OF ROYALTY FEES FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS 1. The authority citation for part 386 continues to read as follows: ■ Authority: 17 U.S.C. 119(c), 801(b)(1). 2. Section 386.2 is amended by revising paragraphs (b)(1)(v) and (b)(2)(v) as follows: ■ § 386.2 Royalty fee for secondary transmission by satellite carriers. * * * * * (b) * * * (1) * * * (v) 2014: 27 cents per subscriber per month. (2) * * * (v) 2014: 55 cents per subscriber per month. Dated: November 21, 2013. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2013–28632 Filed 11–27–13; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2013–0455; FRL–9903–17– Region 4] Approval and Promulgation of Implementation Plans; Tennessee; Revisions to the Knox County Portion of the Tennessee State Implementation Plan Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of SUMMARY: PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 Environment and Conservation (TDEC) on December 13, 2012. EPA proposed action on this revision on August 16, 2013, and received no adverse comments. The SIP submittal revises the definition of ‘‘Modification’’ in Knox County Air Quality Management Regulation Section 13 Definitions. TDEC considers Knox County’s SIP revision to be as or more stringent than the Tennessee SIP requirements. EPA is approving the Knox County SIP revision because the State has demonstrated that it is consistent with the Clean Air Act (CAA or Act). DATES: This rule will be effective December 30, 2013. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2013–0455. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30 excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9043. Mr. Lakeman can be reached via electronic mail at lakeman.sean@epa.gov. SUPPLEMENTARY INFORMATION: I. This Action II. Final Action III. Statutory and Executive Order Reviews I. This Action On December 13, 2012, TDEC submitted a SIP revision to EPA for approval into the Knox County portion of the Tennessee SIP. Specifically, the E:\FR\FM\29NOR1.SGM 29NOR1

Agencies

[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Rules and Regulations]
[Pages 71501-71502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28632]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 386

[Docket No. 2013-8 CRB Satellite COLA]


Cost of Living Adjustment to Satellite Carrier Compulsory License 
Royalty Rates

AGENCY: Copyright Royalty Board, Library of Congress.

[[Page 71502]]


ACTION: Final rule.

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SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (COLA) of 1% in the royalty rates satellite carriers pay for 
a compulsory license under the Copyright Act. The COLA is based on the 
change in the Consumer Price Index from October 2012 to October 2013.

DATES: Effective Date: January 1, 2014.
    Applicability Dates: These rates are applicable to the period 
January 1, 2014, through December 31, 2014.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist. 
Telephone: (202) 707-7658. Email: crb@loc.gov.

SUPPLEMENTARY INFORMATION: The satellite carrier compulsory license 
establishes a statutory copyright licensing scheme for the 
retransmission of distant television programming by satellite carriers. 
17 U.S.C. 119. Congress created the license in 1988 and has 
reauthorized the license for additional five-year periods, most 
recently with the Satellite Television Extension and Localism Act of 
2010 (STELA), Public Law 111-175.
    On August 31, 2010, the Copyright Royalty Judges (Judges) adopted 
rates for the section 119 compulsory license for the 2010-2014 term. 
See 75 FR 53198. The rates adopted by the Judges were proposed by 
Copyright Owners and Satellite Carriers \1\ and were unopposed. Id. 
Section 119(c)(2) of the Copyright Act requires the Judges to adjust 
the adopted rates annually ``to reflect any changes occurring in the 
cost of living adjustment as determined by the most recent Consumer 
Price Index (for all consumers and for all items) [CPI-U] published . . 
. before December 1 of the preceding year.'' Section 119 also requires 
that ``[n]otification of the adjusted fees shall be published in the 
Federal Register at least 25 days before January 1.'' 17 U.S.C. 
119(c)(2). Today's notice fulfills this obligation.
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    \1\ Program Suppliers and Joint Sports Claimants comprised the 
Copyright Owners while DIRECTV, Inc.; DISH Network, LLC and National 
Programming Service, LLC, comprised the Satellite Carriers.
---------------------------------------------------------------------------

    The change in the cost of living as determined by the CPI-U during 
the period from the most recent index published before December 1, 
2012, to the most recent index published before December 1, 2013, is 
1%.\2\ Application of the 1% COLA to the current rate for the secondary 
transmission of broadcast stations by satellite carriers for private 
home viewing--27 cents per subscriber per month--results in the same 
rate of 27 cents per subscriber per month (rounded to the nearest 
cent). See 37 CFR 386.2(b)(1). Application of the 1% COLA to the 
current rate for viewing in commercial establishments--54 cents per 
subscriber per month--results in an adjusted rate of 55 cents per 
subscriber per month (rounded to the nearest cent). See 37 CFR 
386.2(b)(2).
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    \2\ On November 20, 2013, the Bureau of Labor Statistics 
announced that the CPI-U increased 1.0% over the last 12 months.
---------------------------------------------------------------------------

List of Subjects in 37 CFR Part 386

    Copyright, Satellite, Television.

Final Regulations

    In consideration of the foregoing, the Judges amend part 386 of 
title 37 of the Code of Federal Regulations as follows:

PART 386--ADJUSTMENT OF ROYALTY FEES FOR SECONDARY TRANSMISSIONS BY 
SATELLITE CARRIERS

0
1. The authority citation for part 386 continues to read as follows:

    Authority: 17 U.S.C. 119(c), 801(b)(1).

0
2. Section 386.2 is amended by revising paragraphs (b)(1)(v) and 
(b)(2)(v) as follows:


Sec.  386.2  Royalty fee for secondary transmission by satellite 
carriers.

* * * * *
    (b) * * *
    (1) * * *
    (v) 2014: 27 cents per subscriber per month.
    (2) * * *
    (v) 2014: 55 cents per subscriber per month.

    Dated: November 21, 2013.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2013-28632 Filed 11-27-13; 8:45 am]
BILLING CODE 1410-72-P