Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service, 2065-2067 [2015-00203]

Download as PDF Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 13 [NPS–AKRO–15122; PPAKAKROZ5, PPMPRLE1Y.L00000] RIN 1024–AE21 Alaska; Hunting and Trapping in National Preserves—Reopening of Public Comment Period National Park Service, Interior. Proposed rule; reopening of public comment period. AGENCY: ACTION: The National Park Service is reopening the public comment period for the proposed rule to amend its regulations for sport hunting and trapping in National Preserves in Alaska. The proposed rule also includes updates to procedures for closing an area or restricting an activity in National Park Service Areas in Alaska and other minor changes. Reopening the comment period for 31 days will allow more time for the public to review the proposal and submit comments. DATES: The comment period for the proposed rule published on September 4, 2014 (79 FR 52595), is reopened. Comments must be received by 11:59 p.m. EST on February 15, 2015. ADDRESSES: You may submit comments, identified by Regulation Identifier Number (RIN) 1024–AE21, by either of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail or hand deliver to: National Park Service, Regional Director, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 99501. Instructions: Comments will not be accepted by fax, email, or in any way other than those specified above. All submissions must include the words ‘‘National Park Service’’ or ‘‘NPS’’ and must include the docket number or RIN for this rulemaking (1024–AE21). FOR FURTHER INFORMATION CONTACT: Andee Sears, Regional Law Enforcement Specialist, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 99501. Phone (907) 644–3417. Email: AKR_ Regulations@nps.gov. SUPPLEMENTARY INFORMATION: On September 4, 2014, the National Park Service (NPS) published in the Federal Register (79 FR 52595) a proposed rule to amend its regulations for sport hunting and trapping in National Preserves in Alaska The proposed rule also includes updates to procedures for closing an area or restricting an activity rljohnson on DSK3VPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 13:53 Jan 14, 2015 Jkt 235001 in National Park Service Areas in Alaska and other minor changes. The 90-day public comment period for this proposal closed on December 3, 2014. In order to give the public additional time to review and comment on the proposal, we are reopening the public comment period from January 15, 2015 through February 15, 2015. If you already commented on the proposed rule you do not have to resubmit your comments. To view comments received through the Federal eRulemaking portal, go to https://www.regulations.gov and enter 1024–AE21 in the search box. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information, we cannot guarantee that we will be able to do so. Dated: December 18, 2014. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2014–30665 Filed 1–14–15; 8:45 am] BILLING CODE 4310–EJ–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 383 [Docket No. 14–CRB–0002–NSR (2016– 2020)] Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service Copyright Royalty Board, Library of Congress. ACTION: Proposed rule. AGENCY: The Copyright Royalty Judges are publishing for comment proposed regulations that would set the royalty rates and terms for the digital transmission of sound recordings by new subscription services and for the making of ephemeral recordings necessary to facilitate those transmissions for the period commencing January 1, 2016, and ending on December 31, 2020. DATES: Comments and objections, if any, are due no later than February 17, 2015. ADDRESSES: The proposed rule is posted on the agency’s Web site (www.loc.gov/ crb). Submit electronic comments via email to crb@loc.gov or online at https:// SUMMARY: PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 2065 www.regulations.gov. Those who chose not to submit comments electronically should see How to Submit Comments in the SUPPLEMENTARY INFORMATION section below for further instructions. FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or Kimberly Whittle, Attorney Advisor, by telephone at (202) 707–7658, or by email at crb@loc.gov. SUPPLEMENTARY INFORMATION: The Copyright Royalty Judges (‘‘Judges’’) received a joint motion from SoundExchange, Inc. and Sirius XM Radio Inc. to adopt a settlement of their interests regarding royalty rates and terms for 2016–2020 applicable to music services available on cable and satellite television. Sirius XM Radio is a creator of music programming for DiSH satellite television. SoundExchange, Inc. represents the interests of sound recording copyright owners. SoundExchange and Sirius XM Radio propose regulatory language that, in part, simplifies the existing rate structure found in 37 CFR part 383. The Judges hereby publish the proposed revision to the regulation and request comments from the public. Background Section 114(f)(2)(A) of the Copyright Act, title 17 of the United States Code, provides that, prior to the expiration of a rate term, the Judges shall commence a proceeding to determine reasonable royalty terms and rates for a new subscription service (i.e., a subscription service that was established after July 1, 1998, or is using a different transmission medium from what it used prior to July 1, 1998) on which sound recordings are performed. 17 U.S.C. 114(f)(2)(A). Section 112(e)(3) provides for proceedings to be commenced to determine rates and terms for licenses to make ephemeral reproductions to facilitate certain digital audio transmissions including those made by new subscription services. 17 U.S.C. 112(e)(3). The Judges have conducted two prior proceedings for five-year rate terms pursuant to these provisions. See 72 FR 72253 (December 20, 2007) and 75 FR 14074 (March 24, 2010). The current rate term ends December 31, 2015. Pursuant to section 803(b)(1)(A)(i)(III) of the Copyright Act, the Judges published in the Federal Register a notice commencing the rate determination proceeding for the license period 2016–2020 for the new subscription services defined in 37 CFR 383.2(h) and requesting interested parties to submit petitions to participate. See 79 FR 410 (January 3, E:\FR\FM\15JAP1.SGM 15JAP1 2066 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 2014). Petitions to Participate in this proceeding were received from Music Reports, Inc., National Music Publishers Association, Sirius XM Radio Inc. (‘‘Sirius XM’’), Spotify USA Inc., and SoundExchange, Inc. The Judges announced the threemonth negotiation period, see 17 U.S.C. 803(b)(3), and directed the participants to submit their written direct statements no later than December 1, 2014. On December 1, 2014, the remaining participants 1 filed a motion asking the Judges to stay the filing of written direct statements in light of the parties’ impending settlement. The Judges granted the motion and extended the deadline for filing written direct statements to December 12, 2014. See Order Granting Extension of Time for Filing Written Direct Statements, Docket No. 14–CRB–0002–NSR (2016–2020). On December 12, 2014, SoundExchange and Sirius XM filed the settlement that is the subject of this notice. Section 801(b)(7)(A) authorizes the Judges to adopt rates and terms negotiated by ‘‘some or all of the participants in a proceeding at any time during the proceeding’’ provided the settling parties submit the negotiated rates and terms to the Judges for approval. This section provides that in such event: rljohnson on DSK3VPTVN1PROD with PROPOSALS (i) The Copyright Royalty Judges shall provide to 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 an opportunity 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 or rates. 17 U.S.C. 801(b)(7)(A). Rates and terms the Judges adopt pursuant to this provision are binding on all sound recording copyright owners and all new subscription services performing the licensed sound recordings on digital audio channels transmitted by a cable or satellite television distribution service to residential customers, bundled with 1 The Judges struck the petitions of two of the other parties, and another party withdrew its petition. Joint Motion to Adopt Settlement at 2. VerDate Sep<11>2014 13:53 Jan 14, 2015 Jkt 235001 television channels as part of a ‘‘basic’’ service subscription package and not available separately for a separate fee. See 37 CFR 383.2(h). The public may comment and object to any or all of the proposed regulations contained in this notice. Comments and objections must be submitted no later than February 17, 2015. How To Submit Comments Interested members of the public must submit comments to only one of the following addresses. If not commenting by email or online, commenters must submit an original of their comments, five paper copies, and an electronic version on a CD. Email: crb@loc.gov; or Online: https://www.regulations.gov; or U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024– 0977; or Overnight service (only USPS Express Mail is acceptable): Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024–0977; or Commercial courier: Address package to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM–403, 101 Independence Avenue SE., Washington, DC 20559– 6000. Deliver to: Congressional Courier Acceptance Site, 2nd Street NE. and D Street NE., Washington, DC; or Hand delivery: Library of Congress, James Madison Memorial Building, LM– 401, 101 Independence Avenue SE., Washington, DC 20559–6000. List of Subjects in 37 CFR Part 383 Copyright, Digital audio transmissions, Performance right, Sound recordings. Proposed Regulation For the reasons set forth in the preamble, the Copyright Royalty Judges propose to amend 37 CFR part 383 as follows: PART 383—RATES AND TERMS FOR SUBSCRIPTION TRANSMISSIONS AND THE REPRODUCTION OF EPHEMERAL RECORDINGS BY NEW SUBSCRIPTION SERVICES 1. The authority citation for part 383 continues to read as follows: ■ Authority: 17 U.S.C. 112(e), 114, and 801(b)(1). Title [Amended] ■ 2. Amend the title as follows: Add the word ‘‘CERTAIN’’ before ‘‘NEW SUBSCRIPTION SERVICES’’. § 383.1 ■ [Amended] 3. Amend § 383.1 as follows: PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 a. In paragraph (a), remove ‘‘from the inception of the Licensees’ Services’’ and add in its place ‘‘January 1, 2016,’’ and remove ‘‘2015’’ and add in its place ‘‘2020’’; and ■ b. In paragraph (c), add ‘‘voluntary’’ before ‘‘license agreements’’. ■ § 383.2 [Amended] 4. Amend § 383.2 as follows: a. Remove paragraph (a); b. Redesignate paragraphs (b) through (f) as paragraphs (a) through (e); ■ c. In paragraph (b), add ‘‘made under this part pursuant to the statutory licenses’’ before ‘‘under 17 U.S.C.’’; remove ‘‘or’’ and add in its place ‘‘and’’; and remove ‘‘(g)’’; ■ d. In paragraph (c), remove ‘‘from the inception of the Licensees’ Services’’ and add in its place ‘‘January 1, 2016’’; and remove ‘‘2015’’ and add in its place ‘‘2020’’; ■ e. In paragraph (d), remove ‘‘(h)’’ and add in its place ‘‘(f)’’; ■ f. Remove paragraph (g); ■ g. Redesignate paragraphs (h) through (j) as paragraphs (f) through (h); and ■ h. In paragraph (f)(3), remove ‘‘(h)’’ and add in its place ‘‘(f)’’. ■ ■ ■ § 383.3 [Amended] 5. Amend § 383.3 as follows: a. In paragraph (a), remove ‘‘License’’ and add in its place ‘‘statutory licenses’’; ■ b. Revise paragraph (a)(1) to read as follows: (1) For Stand-Alone Contracts, the following monthly payment per Subscriber to the Service of such Licensee: (i) 2016: $0.0179; (ii) 2017: $0.0185; (iii) 2018: $0.0190; (iv) 2019: $0.0196; (v) 2020: $0.0202; ■ c. Revise paragraph (a)(2) to read as follows: (2) For Bundled Contracts, the following monthly payment per Subscriber to the Service of such Licensee: (i) 2016: $0.0299; (ii) 2017: $0.0308; (iii) 2018: $0.0317; (iv) 2019: $0.0326; (v) 2020: $0.0336; and ■ d. In paragraph (2)(b), Remove ‘‘, but payable pursuant to the applicable regulations for all years 2007 and earlier’’; ■ ■ § 383.4 [Amended] 6. Amend § 383.4 as follows: In paragraph (a), Remove ‘‘2007– 2013’’ and add in its place ‘‘2013–2017 and remove ‘‘’’2015’’ and add in its place ‘‘2020’’. ■ E:\FR\FM\15JAP1.SGM 15JAP1 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules Dated: January 6, 2015. Suzanne M. Barnett, Chief Copyright Royalty Judge. Ms. Rochelle Boyd, Metals and Inorganic Chemicals Group (D243–02), Sector Policies and Programs Division, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; Telephone number: (919) 541– 1390; Fax number (919) 541–3207; Email address: boyd.rochelle@epa.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2015–00203 Filed 1–14–15; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2010–0544; FRL–9921–62– OAR ] RIN 2060–AQ40 National Emission Standards for Hazardous Air Pollutants: Secondary Aluminum Production; Extension of Comment Period Environmental Protection Agency. ACTION: Supplemental notice of proposed rulemaking; extension of public comment period. AGENCY: The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the December 8, 2014, supplemental proposed rule titled ‘‘National Emission Standards for Hazardous Air Pollutants: Secondary Aluminum Production’’ is being extended for 15 days. DATES: Comments. The public comment period for the supplemental proposed rule published in the Federal Register on December 8, 2014 (79 FR 72874), is being extended for 15 days to February 6, 2015, in order to provide the public additional time to submit comments and supporting information. ADDRESSES: Comments. Written comments on the supplemental proposed rule may be submitted to the EPA electronically, by mail, by facsimile or through hand delivery/courier. Please refer to the supplemental proposal (79 FR 72874) for the addresses and detailed instructions. Docket. Publicly available documents relevant to this action are available for public inspection either electronically at https://www.regulations.gov or in hard copy at the EPA Docket Center, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. A reasonable fee may be charged for copying. The official public docket for this rulemaking is Docket ID No. EPA–HQ–OAR–2010–0544. World Wide Web. The EPA Web site for this rulemaking is at https:// www.epa.gov/ttn/atw/alum2nd/ alum2pg.html. rljohnson on DSK3VPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 13:53 Jan 14, 2015 Jkt 235001 Comment Period After considering a request to extend the public comment period, the EPA has decided to extend the public comment period for an additional 15 days. Therefore, the public comment period will end on February 6, 2015, rather than January 22, 2015. This extension will help ensure that the public has sufficient time to review the proposed rule and the supporting technical documents and data available in the docket. Dated: January 6, 2015. Stephen D. Page, Director, Office of Air Quality Planning and Standards. [FR Doc. 2015–00460 Filed 1–14–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 2067 Comments. Written comments on the supplemental proposed rule may be submitted to the EPA electronically, by mail, by facsimile or through hand delivery/courier. Please refer to the supplemental proposal (79 FR 72914) for the addresses and detailed instructions. Docket. Publicly available documents relevant to this action are available for public inspection either electronically at https://www.regulations.gov or in hard copy at the EPA Docket Center, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. A reasonable fee may be charged for copying. The official public docket for this rulemaking is Docket ID No. EPA–HQ–OAR–2011–0797. World Wide Web. The EPA Web site for this rulemaking is at https:// www.epa.gov/ttn/atw/alum/ alumpg.html. ADDRESSES: Mr. David Putney, Metals and Inorganic Chemicals Group (D243–02), Sector Policies and Programs Division, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; Telephone number: (919) 541– 2016; Fax number (919) 541–3207; Email address: putney.david@epa.gov. FOR FURTHER INFORMATION CONTACT: [EPA–HQ–OAR–2011–0797; FRL–9921–63– OAR] SUPPLEMENTARY INFORMATION: RIN 2060–AQ92 Comment Period National Emission Standards for Hazardous Air Pollutants: Primary Aluminum Reduction Plants; Extension of Comment Period After considering a request received to extend the public comment period, the EPA has decided to extend the public comment period for an additional 15 days. Therefore, the public comment period will end on February 6, 2015, rather than January 22, 2015. This extension will help ensure that the public has sufficient time to review the proposed rule, the supporting technical documents and data available in the docket. Environmental Protection Agency. ACTION: Supplemental notice of proposed rulemaking; extension of public comment period. AGENCY: The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the December 8, 2014, supplemental proposed rule titled ‘‘National Emission Standards for Hazardous Air Pollutants: Primary Aluminum Reduction Plants’’ is being extended for 15 days. DATES: Comments. The public comment period for the supplemental proposed rule published in the Federal Register on December 8, 2014 (79 FR 72914), is being extended for 15 days to February 6, 2015, in order to provide the public additional time to submit comments and supporting information. SUMMARY: PO 00000 Frm 00031 Fmt 4702 Sfmt 9990 Dated: January 6, 2015. Stephen D. Page, Director, Office of Air Quality Planning and Standards. [FR Doc. 2015–00461 Filed 1–14–15; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\15JAP1.SGM 15JAP1

Agencies

[Federal Register Volume 80, Number 10 (Thursday, January 15, 2015)]
[Proposed Rules]
[Pages 2065-2067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00203]


=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 383

[Docket No. 14-CRB-0002-NSR (2016-2020)]


Digital Performance Right in Sound Recordings and Ephemeral 
Recordings for a New Subscription Service

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Proposed rule.

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

SUMMARY: The Copyright Royalty Judges are publishing for comment 
proposed regulations that would set the royalty rates and terms for the 
digital transmission of sound recordings by new subscription services 
and for the making of ephemeral recordings necessary to facilitate 
those transmissions for the period commencing January 1, 2016, and 
ending on December 31, 2020.

DATES: Comments and objections, if any, are due no later than February 
17, 2015.

ADDRESSES: The proposed rule is posted on the agency's Web site 
(www.loc.gov/crb). Submit electronic comments via email to crb@loc.gov 
or online at https://www.regulations.gov. Those who chose not to submit 
comments electronically should see How to Submit Comments in the 
SUPPLEMENTARY INFORMATION section below for further instructions.

FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or 
Kimberly Whittle, Attorney Advisor, by telephone at (202) 707-7658, or 
by email at crb@loc.gov.

SUPPLEMENTARY INFORMATION: The Copyright Royalty Judges (``Judges'') 
received a joint motion from SoundExchange, Inc. and Sirius XM Radio 
Inc. to adopt a settlement of their interests regarding royalty rates 
and terms for 2016-2020 applicable to music services available on cable 
and satellite television. Sirius XM Radio is a creator of music 
programming for DiSH satellite television. SoundExchange, Inc. 
represents the interests of sound recording copyright owners. 
SoundExchange and Sirius XM Radio propose regulatory language that, in 
part, simplifies the existing rate structure found in 37 CFR part 383. 
The Judges hereby publish the proposed revision to the regulation and 
request comments from the public.

Background

    Section 114(f)(2)(A) of the Copyright Act, title 17 of the United 
States Code, provides that, prior to the expiration of a rate term, the 
Judges shall commence a proceeding to determine reasonable royalty 
terms and rates for a new subscription service (i.e., a subscription 
service that was established after July 1, 1998, or is using a 
different transmission medium from what it used prior to July 1, 1998) 
on which sound recordings are performed. 17 U.S.C. 114(f)(2)(A). 
Section 112(e)(3) provides for proceedings to be commenced to determine 
rates and terms for licenses to make ephemeral reproductions to 
facilitate certain digital audio transmissions including those made by 
new subscription services. 17 U.S.C. 112(e)(3). The Judges have 
conducted two prior proceedings for five-year rate terms pursuant to 
these provisions. See 72 FR 72253 (December 20, 2007) and 75 FR 14074 
(March 24, 2010). The current rate term ends December 31, 2015.
    Pursuant to section 803(b)(1)(A)(i)(III) of the Copyright Act, the 
Judges published in the Federal Register a notice commencing the rate 
determination proceeding for the license period 2016-2020 for the new 
subscription services defined in 37 CFR 383.2(h) and requesting 
interested parties to submit petitions to participate. See 79 FR 410 
(January 3,

[[Page 2066]]

2014). Petitions to Participate in this proceeding were received from 
Music Reports, Inc., National Music Publishers Association, Sirius XM 
Radio Inc. (``Sirius XM''), Spotify USA Inc., and SoundExchange, Inc.
    The Judges announced 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 December 1, 2014. On December 1, 2014, 
the remaining participants \1\ filed a motion asking the Judges to stay 
the filing of written direct statements in light of the parties' 
impending settlement. The Judges granted the motion and extended the 
deadline for filing written direct statements to December 12, 2014. See 
Order Granting Extension of Time for Filing Written Direct Statements, 
Docket No. 14-CRB-0002-NSR (2016-2020). On December 12, 2014, 
SoundExchange and Sirius XM filed the settlement that is the subject of 
this notice.
---------------------------------------------------------------------------

    \1\ The Judges struck the petitions of two of the other parties, 
and another party withdrew its petition. Joint Motion to Adopt 
Settlement at 2.
---------------------------------------------------------------------------

    Section 801(b)(7)(A) authorizes the Judges to adopt rates and terms 
negotiated by ``some or all of the participants in a proceeding at any 
time during the proceeding'' provided the settling parties submit the 
negotiated rates and terms to the Judges for approval. This section 
provides that in such event:

    (i) The Copyright Royalty Judges shall provide to 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 an opportunity 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 or rates.

17 U.S.C. 801(b)(7)(A).

Rates and terms the Judges adopt pursuant to this provision are binding 
on all sound recording copyright owners and all new subscription 
services performing the licensed sound recordings on digital audio 
channels transmitted by a cable or satellite television distribution 
service to residential customers, bundled with television channels as 
part of a ``basic'' service subscription package and not available 
separately for a separate fee. See 37 CFR 383.2(h).

    The public may comment and object to any or all of the proposed 
regulations contained in this notice. Comments and objections must be 
submitted no later than February 17, 2015.

How To Submit Comments

    Interested members of the public must submit comments to only one 
of the following addresses. If not commenting by email or online, 
commenters must submit an original of their comments, five paper 
copies, and an electronic version on a CD.
    Email: crb@loc.gov; or
    Online: https://www.regulations.gov; or
    U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 
20024-0977; or
    Overnight service (only USPS Express Mail is acceptable): Copyright 
Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or
    Commercial courier: Address package to: Copyright Royalty Board, 
Library of Congress, James Madison Memorial Building, LM-403, 101 
Independence Avenue SE., Washington, DC 20559-6000. Deliver to: 
Congressional Courier Acceptance Site, 2nd Street NE. and D Street NE., 
Washington, DC; or
    Hand delivery: Library of Congress, James Madison Memorial 
Building, LM-401, 101 Independence Avenue SE., Washington, DC 20559-
6000.

List of Subjects in 37 CFR Part 383

    Copyright, Digital audio transmissions, Performance right, Sound 
recordings.

Proposed Regulation

    For the reasons set forth in the preamble, the Copyright Royalty 
Judges propose to amend 37 CFR part 383 as follows:

PART 383--RATES AND TERMS FOR SUBSCRIPTION TRANSMISSIONS AND THE 
REPRODUCTION OF EPHEMERAL RECORDINGS BY NEW SUBSCRIPTION SERVICES

0
1. The authority citation for part 383 continues to read as follows:

    Authority: 17 U.S.C. 112(e), 114, and 801(b)(1).

Title [Amended]

0
2. Amend the title as follows:
    Add the word ``CERTAIN'' before ``NEW SUBSCRIPTION SERVICES''.


Sec.  383.1  [Amended]

0
3. Amend Sec.  383.1 as follows:
0
a. In paragraph (a), remove ``from the inception of the Licensees' 
Services'' and add in its place ``January 1, 2016,'' and remove 
``2015'' and add in its place ``2020''; and
0
b. In paragraph (c), add ``voluntary'' before ``license agreements''.


Sec.  383.2  [Amended]

0
4. Amend Sec.  383.2 as follows:
0
a. Remove paragraph (a);
0
b. Redesignate paragraphs (b) through (f) as paragraphs (a) through 
(e);
0
c. In paragraph (b), add ``made under this part pursuant to the 
statutory licenses'' before ``under 17 U.S.C.''; remove ``or'' and add 
in its place ``and''; and remove ``(g)'';
0
d. In paragraph (c), remove ``from the inception of the Licensees' 
Services'' and add in its place ``January 1, 2016''; and remove 
``2015'' and add in its place ``2020'';
0
e. In paragraph (d), remove ``(h)'' and add in its place ``(f)'';
0
f. Remove paragraph (g);
0
g. Redesignate paragraphs (h) through (j) as paragraphs (f) through 
(h); and
0
h. In paragraph (f)(3), remove ``(h)'' and add in its place ``(f)''.


Sec.  383.3  [Amended]

0
5. Amend Sec.  383.3 as follows:
0
a. In paragraph (a), remove ``License'' and add in its place 
``statutory licenses'';
0
b. Revise paragraph (a)(1) to read as follows:
    (1) For Stand-Alone Contracts, the following monthly payment per 
Subscriber to the Service of such Licensee:
    (i) 2016: $0.0179;
    (ii) 2017: $0.0185;
    (iii) 2018: $0.0190;
    (iv) 2019: $0.0196;
    (v) 2020: $0.0202;
0
c. Revise paragraph (a)(2) to read as follows:
    (2) For Bundled Contracts, the following monthly payment per 
Subscriber to the Service of such Licensee:
    (i) 2016: $0.0299;
    (ii) 2017: $0.0308;
    (iii) 2018: $0.0317;
    (iv) 2019: $0.0326;
    (v) 2020: $0.0336; and
0
d. In paragraph (2)(b), Remove ``, but payable pursuant to the 
applicable regulations for all years 2007 and earlier'';


Sec.  383.4  [Amended]

0
6. Amend Sec.  383.4 as follows:
    In paragraph (a), Remove ``2007-2013'' and add in its place ``2013-
2017 and remove ``''2015'' and add in its place ``2020''.


[[Page 2067]]


    Dated: January 6, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015-00203 Filed 1-14-15; 8:45 am]
BILLING CODE 1410-72-P
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