Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates, 73118-73119 [2015-29863]
Download as PDF
<![CDATA[
73118
ACTION:
Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations
SESAC—$146 per station—results in an
adjusted rate of $149 per station.
Final rule.
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.
SUMMARY:
DATES:
Effective Date: December 24,
2015.
FOR FURTHER INFORMATION CONTACT:
LaKeshia Keys, CRB Program Specialist,
by telephone at (202) 707–7658 or by
email at crb@loc.gov.
Section
118 of the Copyright Act, title 17 of the
United States Code, creates a statutory
license for the use of published
nondramatic musical works and
published pictorial, graphic, and
sculptural works in connection with
noncommercial broadcasting.
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. The adjustment,
fixed to the nearest dollar, shall be the
greater of ‘‘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,’’ or 2%. 37 CFR 381.10.
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, 2014, to
the most recent index published before
December 1, 2015, is .2%.1 In
accordance with 37 CFR 381.10(b), the
Judges announce that COLA for
calendar year 2016 shall be 2%.
Application of the 2% COLA to the
current rate for the performance of
published nondramatic musical
compositions in the repertory of
mstockstill on DSK4VPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
1 On November 17, 2015, the Bureau of Labor
Statistics announced that the CPI–U increased .2%
over the last 12 months.
VerDate Sep<11>2014
23:14 Nov 23, 2015
Jkt 238001
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television,
Rates.
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)(iv) to read as
follows:
■
§ 381.5 Performance of musical
compositions by public broadcasting
entities licensed to colleges and
universities.
*
*
*
*
*
(c) * * *
(3) * * *
(iv) 2016: $149 per station.
*
*
*
*
*
Dated: November 18, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015–29862 Filed 11–23–15; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 386
[Docket No. 15–CRB–0014–SA–COLA
(2016)]
Cost of Living Adjustment to Satellite
Carrier Compulsory License Royalty
Rates
Copyright Royalty Board,
Library of Congress.
ACTION: Final rule.
AGENCY:
The Copyright Royalty Judges
announce a cost of living adjustment
(COLA) of 0% 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
2014 to October 2015.
DATES: Effective Date: January 1, 2016.
SUMMARY:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Applicability Dates: These rates are
applicable to the period January 1, 2016,
through December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
LaKeshia Keys, CRB Program Specialist,
by telephone at (202) 707–7658 or by
email at 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 passage of the STELA
Reauthorization Act of 2014, Public Law
113–200.
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 were proposed by
Copyright Owners and Satellite
Carriers 1 and were unopposed. Id.
Section 119(c)(2) of the Copyright Act
provides that, effective January 1 of each
year, the Judges shall adjust the royalty
fee payable under Section 119(b)(1)(B)
‘‘to reflect any changes occurring in the
cost of living as determined by the most
recent Consumer Price Index (for all
consumers and for all items) [CPI–U]
published by the Secretary of Labor
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).
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, 2014, to
the most recent index published before
December 1, 2015, is .2%.2 Application
of the .2% 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 an unchanged
rate of 27 cents per subscriber per
month (rounded to the nearest cent). See
37 CFR 386.2(b)(1). Application of the
.2% COLA to the current rate for
viewing in commercial establishments—
56 cents per subscriber per month—
results in an unchanged rate of 56 cents
per subscriber per month (rounded to
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 17, 2015, the Bureau of Labor
Statistics announced that the CPI–U increased .2%
over the last 12 months.
E:\FR\FM\24NOR1.SGM
24NOR1
Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations
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 adding
paragraphs (b)(1)(vii) and (b)(2)(vii), and
footnotes 3 and 4, to read as follows:
■
§ 386.2 Royalty fee for secondary
transmission by satellite carriers.
*
*
*
*
*
(b) * * *
(1) * * *
(vii) 2016: 27 cents per subscriber per
month (for each month of 2016).3
(2) * * *
(vii) 2016: 56 cents per subscriber per
month (for each month of 2016).4
Dated: November 18, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015–29863 Filed 11–23–15; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2015–0593; A–1–FRL–
9939–24–Region 1]
Air Plan Approval; ME; Repeal of the
Maine’s General Conformity Provision
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maine. This
revision removes State Regulation
Chapter 141—Conformity of General
Federal Actions from the SIP. The
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
3 This
is the 2015 rate adjusted for the amount of
inflation as measured by the change in the
Consumer Price Index for All Urban Consumers All
Items from October 2014 to October 2015.
4 This is the 2015 rate adjusted for the amount of
inflation as measured by the change in the
Consumer Price Index for All Urban Consumers All
Items from October 2014 to October 2015.
VerDate Sep<11>2014
23:14 Nov 23, 2015
Jkt 238001
intended effect of this action is to
remove the repealed State Regulation
and leave the Federal General
Conformity provisions in place to
demonstrate conformity with the
applicable SIP as required by section
176(c) of the Clean Air Act. This action
is being taken in accordance with the
Clean Air Act.
DATES: This direct final rule will be
effective January 25, 2016, unless EPA
receives adverse comments by
December 24, 2015. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2015–0593 by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2015–0593’’,
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5
Post Office Square—Suite 100, (Mail
code OEP05–2), Boston, MA 02109–
3912.
5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912.
Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2015–
0593. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
73119
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI 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 at https://
www.regulations.gov or at U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact 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 a.m. to
4:30 p.m., excluding legal holidays.
In addition, copies of the state
submittal and EPA’s technical support
document are also available for public
inspection during normal business
hours, by appointment at the State Air
Agency; the Bureau of Air Quality
Control, Department of Environmental
Protection, First Floor of the Tyson
Building, Augusta Mental Health
Institute Complex, Augusta, ME 04333–
0017.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Unit, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912,
telephone number (617) 918–1660, fax
number (617) 918–0660, email
garcia.ariel@epa.gov.
E:\FR\FM\24NOR1.SGM
24NOR1
]]>Agencies
[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Rules and Regulations]
[Pages 73118-73119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29863]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 386
[Docket No. 15-CRB-0014-SA-COLA (2016)]
Cost of Living Adjustment to Satellite Carrier Compulsory License
Royalty Rates
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges announce a cost of living
adjustment (COLA) of 0% 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 2014 to October 2015.
DATES: Effective Date: January 1, 2016.
Applicability Dates: These rates are applicable to the period
January 1, 2016, through December 31, 2016.
FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, CRB Program Specialist,
by telephone at (202) 707-7658 or by email at 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 passage of the STELA Reauthorization Act of 2014,
Public Law 113-200.
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 were proposed by Copyright Owners and
Satellite Carriers \1\ and were unopposed. Id. Section 119(c)(2) of the
Copyright Act provides that, effective January 1 of each year, the
Judges shall adjust the royalty fee payable under Section 119(b)(1)(B)
``to reflect any changes occurring in the cost of living as determined
by the most recent Consumer Price Index (for all consumers and for all
items) [CPI-U] published by the Secretary of Labor 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).
---------------------------------------------------------------------------
\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,
2014, to the most recent index published before December 1, 2015, is
.2%.\2\ Application of the .2% 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 an
unchanged rate of 27 cents per subscriber per month (rounded to the
nearest cent). See 37 CFR 386.2(b)(1). Application of the .2% COLA to
the current rate for viewing in commercial establishments--56 cents per
subscriber per month--results in an unchanged rate of 56 cents per
subscriber per month (rounded to
[[Page 73119]]
the nearest cent). See 37 CFR 386.2(b)(2).
---------------------------------------------------------------------------
\2\ On November 17, 2015, the Bureau of Labor Statistics
announced that the CPI-U increased .2% 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 adding paragraphs (b)(1)(vii) and
(b)(2)(vii), and footnotes 3 and 4, to read as follows:
Sec. 386.2 Royalty fee for secondary transmission by satellite
carriers.
* * * * *
(b) * * *
(1) * * *
(vii) 2016: 27 cents per subscriber per month (for each month of
2016).\3\
---------------------------------------------------------------------------
\3\ This is the 2015 rate adjusted for the amount of inflation
as measured by the change in the Consumer Price Index for All Urban
Consumers All Items from October 2014 to October 2015.
---------------------------------------------------------------------------
(2) * * *
(vii) 2016: 56 cents per subscriber per month (for each month of
2016).\4\
---------------------------------------------------------------------------
\4\ This is the 2015 rate adjusted for the amount of inflation
as measured by the change in the Consumer Price Index for All Urban
Consumers All Items from October 2014 to October 2015.
Dated: November 18, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015-29863 Filed 11-23-15; 8:45 am]
BILLING CODE 1410-72-P
