Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate, 61126 [2018-25906]

Download as PDF 61126 Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Rules and Regulations LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 16–CRB–0002–PBR (2018– 2022) COLA (2019)] Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate Copyright Royalty Board, Library of Congress. ACTION: Final rule; cost of living adjustment. AGENCY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) to the royalty rate that noncommercial radio stations at certain colleges, universities, and other educational institutions that are not affiliated with National Public Radio must pay for the use in 2019 of published nondramatic musical compositions in the SESAC repertory pursuant to the statutory license under the Copyright Act for noncommercial broadcasting. Because the current rates did not become final until January 2018, the revised regulation includes the revised rate for 2018 that reflects the cost of living adjustment announced in 2017. DATES: Effective date: December 28, 2018. Applicability dates: These rates are applicable to the period beginning January 1, 2019, and ending December 31, 2019. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Assistant, by telephone at (202) 707–7658 or by email at crb@loc.gov. SUPPLEMENTARY INFORMATION: 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 January 19, 2018, 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 2018–2022. See 83 FR 2743. Pursuant to these regulations, on or before December 1 of each year, the Judges shall publish in the Federal Register notice of the change in the cost of living and a revised schedule of the rates 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 (1) the SUMMARY: VerDate Sep<11>2014 15:57 Nov 27, 2018 Jkt 247001 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) 1.5%. 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 prior to the previous notice, i.e., before December 1, 2017,1 to the most recent index published before December 1, 2018, is 2.5%.2 In accordance with 37 CFR 381.10(b), the Judges announce that the COLA for calendar year 2019 shall be 2.5%. Application of the 2.5% COLA to the 2018 rate for the performance of published nondramatic musical compositions in the repertory of SESAC—$155 per station 3—results in an adjusted rate of $159 per station. 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 paragraphs (c)(3)(i) and (ii) to read as follows: ■ § 381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities. * * * * * (c) * * * (3) * * * (i) 2018: $155 per station. 1 See Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates, 82 FR 55946 (Nov. 27, 2017) (previous notice of the change in cost of living). 2 On November 14, 2018, the Bureau of Labor Statistics announced that the CPI–U increased 2.5% over the last 12 months. 3 The 2018 rate is calculated by applying a 2% COLA (based on the CPI–U published in November 2017) to the rate for 2017 ($152). See https:// www.bls.gov/news.release/archives/cpi_ 11152017.htm (last accessed on November 14, 2018). PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 * (ii) 2019: $159 per station. * * * * Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2018–25906 Filed 11–27–18; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 386 [Docket No. 18–CRB–0011–SA–COLA (2019)] Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates Copyright Royalty Board (CRB), Library of Congress. ACTION: Final rule; cost of living adjustment. AGENCY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2.5% 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 2017 to October 2018. DATES: Effective date: January 1, 2019. Applicability dates: These rates are applicable to the period January 1, 2019, through December 31, 2019. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Assistant, 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 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. E:\FR\FM\28NOR1.SGM 28NOR1

Agencies

[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)]
[Rules and Regulations]
[Page 61126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25906]



[[Page 61126]]

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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 381

[Docket No. 16-CRB-0002-PBR (2018-2022) COLA (2019)]


Cost of Living Adjustment to Public Broadcasters Compulsory 
License Royalty Rate

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule; cost of living adjustment.

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SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (COLA) to the royalty rate that noncommercial radio stations 
at certain colleges, universities, and other educational institutions 
that are not affiliated with National Public Radio must pay for the use 
in 2019 of published nondramatic musical compositions in the SESAC 
repertory pursuant to the statutory license under the Copyright Act for 
noncommercial broadcasting. Because the current rates did not become 
final until January 2018, the revised regulation includes the revised 
rate for 2018 that reflects the cost of living adjustment announced in 
2017.

DATES: 
    Effective date: December 28, 2018. Applicability dates: These rates 
are applicable to the period beginning January 1, 2019, and ending 
December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Assistant, 
by telephone at (202) 707-7658 or by email at [email protected].

SUPPLEMENTARY INFORMATION: 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 January 19, 2018, 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 
2018-2022. See 83 FR 2743. Pursuant to these regulations, on or before 
December 1 of each year, the Judges shall publish in the Federal 
Register notice of the change in the cost of living and a revised 
schedule of the rates codified at Sec.  381.5(c)(3) relating to 
compositions in the repertory of SESAC. 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'' or (2) 1.5%. 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 prior to the previous 
notice, i.e., before December 1, 2017,\1\ to the most recent index 
published before December 1, 2018, is 2.5%.\2\ In accordance with 37 
CFR 381.10(b), the Judges announce that the COLA for calendar year 2019 
shall be 2.5%. Application of the 2.5% COLA to the 2018 rate for the 
performance of published nondramatic musical compositions in the 
repertory of SESAC--$155 per station \3\--results in an adjusted rate 
of $159 per station.
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    \1\ See Cost of Living Adjustment to Satellite Carrier 
Compulsory License Royalty Rates, 82 FR 55946 (Nov. 27, 2017) 
(previous notice of the change in cost of living).
    \2\ On November 14, 2018, the Bureau of Labor Statistics 
announced that the CPI-U increased 2.5% over the last 12 months.
    \3\ The 2018 rate is calculated by applying a 2% COLA (based on 
the CPI-U published in November 2017) to the rate for 2017 ($152). 
See https://www.bls.gov/news.release/archives/cpi_11152017.htm (last 
accessed on November 14, 2018).
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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

0
1. The authority citation for part 381 continues to read as follows:

    Authority: 17 U.S.C. 118, 801(b)(1), and 803.

0
2. Section 381.5 is amended by revising paragraphs (c)(3)(i) and (ii) 
to read as follows:


Sec.  381.5  Performance of musical compositions by public broadcasting 
entities licensed to colleges and universities.

* * * * *
    (c) * * *
    (3) * * *
    (i) 2018: $155 per station.
    (ii) 2019: $159 per station.
* * * * *

Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2018-25906 Filed 11-27-18; 8:45 am]
 BILLING CODE 1410-72-P