Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates, 55946-55947 [2017-25481]
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55946
Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Rules and Regulations
structural steel for riser conduit support
was discovered to be in need of
immediate repairs and/or replacement.
Therefore, more time is needed to
complete the job, conduct tests, and
inspections. The subject temporary
deviation will be replaced with a
temporary interim rule because an
extension of time could not be
approved, as it exceeds the 180 day
limit.
Dated: November 21, 2017.
Christopher J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2017–25532 Filed 11–24–17; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 380
[Docket No. 14–CRB–0001–WR (2016–2020)
(COLA 2018)]
Cost of Living Adjustment to Royalty
Rates for Webcaster Statutory License
Copyright Royalty Board (CRB),
Library of Congress.
ACTION: Final rule.
AGENCY:
The Copyright Royalty Judges
announce a cost of living adjustment
(COLA) in the royalty rates that
commercial and noncommercial
noninteractive webcasters pay for
eligible transmissions pursuant to the
statutory licenses for the public
performance of and for the making of
ephemeral reproductions of sound
recordings.
SUMMARY:
Effective Date: January 1, 2018.
Applicability Dates: These rates are
applicable to the period January 1, 2018,
through December 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Kimberly Whittle, Attorney Advisor, by
telephone at (202) 707–7658 or by email
at crb@loc.gov.
SUPPLEMENTARY INFORMATION: Sections
112(e) and 114(f) of the Copyright Act,
title 17 of the United States Code, create
statutory licenses for certain digital
performances of sound recordings and
the making of ephemeral reproductions
to facilitate transmission of those sound
recordings. On May 2, 2016, the
Copyright Royalty Judges (Judges)
adopted final regulations governing the
rates and terms of copyright royalty
payments under those licenses for the
license period 2016–2020 for
performances of sound recordings via
eligible transmissions by commercial
pmangrum on DSK3GDR082PROD with RULES
DATES:
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15:11 Nov 24, 2017
Jkt 244001
and noncommercial noninteractive
webcasters. See 81 FR 26316.
Pursuant to those regulations, at least
25 days before January 1 of each year
from 2017 to 2020, the Judges shall
publish in the Federal Register notice of
a COLA applicable to the royalty fees for
performances of sound recordings via
eligible transmissions by commercial
and noncommercial noninteractive
webcasters. 37 CFR 380.10(a)(1)–(2).
The adjustment in the royalty fee
shall be based on a calculation of the
percentage increase in the CPI–U from
the CPI–U published in November 2015
(237.838), according to the formula (1 +
(Cy¥ 237.838)/237.838) × R2016, where
Cy is the CPI–U published by the
Secretary of Labor before December 1 of
the preceding year and R2016 is the
royalty rate for 2016 (i.e., $0.0022 per
subscription performance or $0.0017 per
nonsubscription performance). The
adjustment shall be rounded to the
nearest fourth decimal place. 37 CFR
380.10(c) (as revised herein). The CPI–
U published by the Secretary of Labor
from the most recent index published
before December 1, 2017, is 246.663.1
Applying the formula in 37 CFR
380.10(c) and rounding to the nearest
fourth decimal place results in an
increase in the rates for 2018.
The 2018 rate for eligible transmission
of sound recordings by commercial
webcasters is a rate of $0.0023 per
subscription performance and a rate of
$0.0018 per nonsubscription
performance.
Application of the increase to rates for
noncommercial webcasters results in a
2018 rate of $0.0018 per performance for
all digital audio transmissions in excess
of 159,140 ATH in a month on a
channel or station.
As provided in 37 CFR 380.1(d), the
royalty fee for making ephemeral
recordings under section 112 of the
Copyright Act to facilitate digital
transmission of sound recordings under
section 114 of the Copyright Act is
included in the section 114 royalty fee
and comprises 5% of the total fee.
List of Subjects in 37 CFR Part 380
Copyright, Sound recordings.
Final Regulations
In consideration of the foregoing, the
Judges amend part 380 of title 37 of the
Code of Federal Regulations as follows:
1 As announced on November 15, 2017, by the
Bureau of Labor Statistics in its News Release—
Consumer Price Index October 2017, available at
https://www.bls.gov/news.release/pdf/cpi.pdf at 4.
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PART 380—RATES AND TERMS FOR
TRANSMISSIONS BY ELIGIBLE
NONSUBSCRIPTION SERVICES AND
NEW SUBSCRIPTION SERVICES AND
FOR THE MAKING OF EPHEMERAL
REPRODUCTIONS TO FACILITATE
THOSE TRANSMISSIONS
1. The authority citation for part 380
continues to read as follows:
■
Authority: 17 U.S.C. 112(e), 114(f),
804(b)(3).
2. Section 380.10 is amended by
revising paragraph (a) to read as follows:
■
§ 380.10 Royalty fees for the public
performance of sound recordings and the
making of ephemeral recordings.
(a) Royalty fees. For the year 2018,
Licensees must pay royalty fees for all
Eligible Transmissions of sound
recordings at the following rates:
(1) Commercial Webcasters: $0.0023
per performance for subscription
services and $0.0018 per performance
for nonsubscription services.
(2) Noncommercial webcasters. $500
per year for each channel or station and
$0.0018 per performance for all digital
audio transmissions in excess of
159,140 ATH in a month on a channel
or station.
*
*
*
*
*
Dated: November 20, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2017–25480 Filed 11–24–17; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 386
[Docket No. 17–CRB–0018–SA–COLA
(2018)]
Cost of Living Adjustment to Satellite
Carrier Compulsory License Royalty
Rates
Copyright Royalty Board (CRB),
Library of Congress.
ACTION: Final rule.
AGENCY:
The Copyright Royalty Judges
announce a cost of living adjustment
(COLA) of 2.0% 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
2016 to October 2017.
DATES: Effective Date: January 1, 2018.
Applicability Dates: These rates are
applicable to the period January 1, 2018,
through December 31, 2018.
SUMMARY:
E:\FR\FM\27NOR1.SGM
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Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 37 CFR Part 386
Kimberly Whittle, Attorney Advisor, by
telephone at (202) 707–7658 or by email
at crb@loc.gov.
Final Regulations
The
satellite carrier compulsory license
establishes a statutory copyright
licensing scheme for the distant
retransmission of 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, 2016, to
the most recent index published before
December 1, 2017, is +2.0%.2
Application of the 2.0% 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 a rate of 28 cents per
subscriber per month (rounded to the
nearest cent). See 37 CFR 386.2(b)(1).
Application of the 2.0% COLA to the
current rate for viewing in commercial
establishments—57 cents per subscriber
per month—results in a rate of 58 cents
per subscriber per month (rounded to
the nearest cent). See 37 CFR
386.2(b)(2).
pmangrum on DSK3GDR082PROD with RULES
SUPPLEMENTARY INFORMATION:
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 15, 2017, the Bureau of Labor
Statistics announced that the CPI–U increased 2.0%
over the last 12 months.
VerDate Sep<11>2014
15:11 Nov 24, 2017
Jkt 244001
Copyright, Satellite, Television.
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)(ix) and (b)(2)(ix) as
follows:
■
§ 386.2 Royalty fee for secondary
transmission by satellite carriers.
*
*
*
*
*
(b) * * *
(1) * * *
(ix) 2018: 28 cents per subscriber per
month.
(2) * * *
(ix) 2018: 58 cents per subscriber per
month.
Dated: November 20, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2017–25481 Filed 11–24–17; 8:45 am]
BILLING CODE 1410–72–P
POSTAL SERVICE
39 CFR Part 111
New Mailing Standards for Domestic
Mailing Services Products
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
On October 6, 2017, the Postal
Service (USPS®) filed a notice of
mailing services price adjustments with
the Postal Regulatory Commission (PRC)
in Docket No. R2018–1. On October 13,
2017 the Postal Service published a
proposed rule containing the revisions
to Mailing Standards of the United
States Postal Service, Domestic Mail
Manual (DMM®) that we planned to
adopt to implement rule changes
coincident with the price adjustments.
DATES: Effective: January 21, 2018.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Erwin at (202) 268–2158, or
Lizbeth Dobbins at (202) 268–3789.
SUPPLEMENTARY INFORMATION: On
November 9, 2017, the PRC found that
the price adjustments proposed by the
Postal Service may take effect as
planned. The price adjustments and
SUMMARY:
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Fmt 4700
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55947
DMM revisions are scheduled to become
effective on January 21, 2018. Final
prices are available under Docket No.
R2018–1 (Order No. 4215) on the Postal
Regulatory Commission’s Web site at
www.prc.gov. The Postal Service’s final
rule includes: a change to the pallet
preparation for Carrier Route (CR)
Pallets in Non-FSS Zones, a change to
add Bound Printed Matter Flats up to 24
ounces to comail with USPS Marketing
Mail and Periodicals (DSCF or DDU
only), and a Zone chart revision for
Priority Mail to APO/FPO/DPO
processing at Chicago ISC.
Comments on Proposed Changes and
USPS Response
The Postal Service received 1 formal
comment on the October 13, 2017
proposed rule.
Zone Charts Revision: Priority Mail to
APO/FPO/DPO Processing at Chicago
ISC
One comment requested that the
Postal Service reconsider changing
APO/FPO/DPO mail processing at
Chicago ISC, based on needing more
study on negative, financial
consequences on US Service members,
their families and businesses that serve
them.
USPS Response
The Postal Service is revising Zone
charts for Priority Mail to APO/FPO/
DPO, which is processed at the Chicago
ISC, based on operational needs. This
revision reflects current operations and
is consistent with Title 39 and former
Postal Rate Commission precedent
regarding the alignment of rates and
costs for mail classification. It is
necessary to align rates and costs for
Priority Mail addressed to APO/FPO/
DPO destinations, and eliminate
inconsistencies between rates and costs
for such Priority Mail.
The Proposed Rule is not a sudden,
unforeseeable change in policy. The
transfer of processing operations to the
Chicago ISC, and the resulting
inconsistency between Zone
classification and transportation costs,
occurred in 2013. For over three years,
mailers had an opportunity to assess the
potential impact of this change on
future operations, and some businesses
responded to the change by relocating
their operations in anticipation of a
potential reclassification of zones
necessary to align rates and costs.
The resulting changes to DMM 608
are shown below.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
E:\FR\FM\27NOR1.SGM
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Agencies
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Rules and Regulations]
[Pages 55946-55947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25481]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 386
[Docket No. 17-CRB-0018-SA-COLA (2018)]
Cost of Living Adjustment to Satellite Carrier Compulsory License
Royalty Rates
AGENCY: Copyright Royalty Board (CRB), Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges announce a cost of living
adjustment (COLA) of 2.0% 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 2016 to October
2017.
DATES: Effective Date: January 1, 2018.
Applicability Dates: These rates are applicable to the period
January 1, 2018, through December 31, 2018.
[[Page 55947]]
FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, Attorney Advisor, 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 distant
retransmission of 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,
2016, to the most recent index published before December 1, 2017, is
+2.0%.\2\ Application of the 2.0% 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 a
rate of 28 cents per subscriber per month (rounded to the nearest
cent). See 37 CFR 386.2(b)(1). Application of the 2.0% COLA to the
current rate for viewing in commercial establishments--57 cents per
subscriber per month--results in a rate of 58 cents per subscriber per
month (rounded to the nearest cent). See 37 CFR 386.2(b)(2).
---------------------------------------------------------------------------
\2\ On November 15, 2017, the Bureau of Labor Statistics
announced that the CPI-U increased 2.0% 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 adding paragraphs (b)(1)(ix) and
(b)(2)(ix) as follows:
Sec. 386.2 Royalty fee for secondary transmission by satellite
carriers.
* * * * *
(b) * * *
(1) * * *
(ix) 2018: 28 cents per subscriber per month.
(2) * * *
(ix) 2018: 58 cents per subscriber per month.
Dated: November 20, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2017-25481 Filed 11-24-17; 8:45 am]
BILLING CODE 1410-72-P