Adjustment of Cable Statutory License Royalty Rates, 62714-62716 [2018-26275]
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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations
orthopaedic articles; suture materials;
therapeutic and assistive devices
adapted for the disabled; massage
apparatus; apparatus, devices and
articles for nursing infants; sexual
activity apparatus, devices and articles.
11. Apparatus and installations for
lighting, heating, cooling, steam
generating, cooking, drying, ventilating,
water supply and sanitary purposes.
12. Vehicles; apparatus for
locomotion by land, air or water.
13. Firearms; ammunition and
projectiles; explosives; fireworks.
14. Precious metals and their alloys;
jewellery, precious and semi-precious
stones; horological and chronometric
instruments.
15. Musical instruments; music stands
and stands for musical instruments;
conductors’ batons.
16. Paper and cardboard; printed
matter; bookbinding material;
photographs; stationery and office
requisites, except furniture; adhesives
for stationery or household purposes;
drawing materials and materials for
artists; paintbrushes; instructional and
teaching materials; plastic sheets, films
and bags for wrapping and packaging;
printers’ type, printing blocks.
17. Unprocessed and semi-processed
rubber, gutta-percha, gum, asbestos,
mica and substitutes for all these
materials; plastics and resins in
extruded form for use in manufacture;
packing, stopping and insulating
materials; flexible pipes, tubes and
hoses, not of metal.
18. Leather and imitations of leather;
animal skins and hides; luggage and
carrying bags; umbrellas and parasols;
walking sticks; whips, harness and
saddlery; collars, leashes and clothing
for animals.
19. Materials, not of metal, for
building and construction; rigid pipes,
not of metal, for building; asphalt, pitch,
tar and bitumen; transportable
buildings, not of metal; monuments, not
of metal.
20. Furniture, mirrors, picture frames;
containers, not of metal, for storage or
transport; unworked or semi-worked
bone, horn, whalebone or mother-ofpearl; shells; meerschaum; yellow
amber.
21. Household or kitchen utensils and
containers; cookware and tableware,
except forks, knives and spoons; combs
and sponges; brushes, except
paintbrushes; brush-making materials;
articles for cleaning purposes;
unworked or semi-worked glass, except
building glass; glassware, porcelain and
earthenware.
22. Ropes and string; nets; tents and
tarpaulins; awnings of textile or
synthetic materials; sails; sacks for the
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transport and storage of materials in
bulk; padding, cushioning and stuffing
materials, except of paper, cardboard,
rubber or plastics; raw fibrous textile
materials and substitutes therefor.
23. Yarns and threads for textile use.
24. Textiles and substitutes for
textiles; household linen; curtains of
textile or plastic.
25. Clothing, footwear, headwear.
26. Lace, braid and embroidery, and
haberdashery ribbons and bows;
buttons, hooks and eyes, pins and
needles; artificial flowers; hair
decorations; false hair.
27. Carpets, rugs, mats and matting,
linoleum and other materials for
covering existing floors; wall hangings,
not of textile.
28. Games, toys and playthings; video
game apparatus; gymnastic and sporting
articles; decorations for Christmas trees.
29. Meat, fish, poultry and game; meat
extracts; preserved, frozen, dried and
cooked fruits and vegetables; jellies,
jams, compotes; eggs; milk, cheese,
butter, yoghurt and other milk products;
oils and fats for food.
30. Coffee, tea, cocoa and artificial
coffee; rice, pasta and noodles; tapioca
and sago; flour and preparations made
from cereals; bread, pastries and
confectionery; chocolate; ice cream,
sorbets and other edible ices; sugar,
honey, treacle; yeast, baking-powder;
salt, seasonings, spices, preserved herbs;
vinegar, sauces and other condiments;
ice (frozen water).
31. Raw and unprocessed agricultural,
aquacultural, horticultural and forestry
products; raw and unprocessed grains
and seeds; fresh fruits and vegetables,
fresh herbs; natural plants and flowers;
bulbs, seedlings and seeds for planting;
live animals; foodstuffs and beverages
for animals; malt.
32. Beers; non-alcoholic beverages;
mineral and aerated waters; fruit
beverages and fruit juices; syrups and
other non-alcoholic preparations for
making beverages.
33. Alcoholic beverages, except beers;
alcoholic preparations for making
beverages.
34. Tobacco and tobacco substitutes;
cigarettes and cigars; electronic
cigarettes and oral vaporizers for
smokers; smokers’ articles; matches.
Services
35. Advertising; business
management; business administration;
office functions.
36. Insurance; financial affairs;
monetary affairs; real estate affairs.
37. Building construction; repair;
installation services.
38. Telecommunications.
39. Transport; packaging and storage
of goods; travel arrangement.
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40. Treatment of materials.
41. Education; providing of training;
entertainment; sporting and cultural
activities.
42. Scientific and technological
services and research and design
relating thereto; industrial analysis and
industrial research services; design and
development of computer hardware and
software.
43. Services for providing food and
drink; temporary accommodation.
44. Medical services; veterinary
services; hygienic and beauty care for
human beings or animals; agriculture,
horticulture and forestry services.
45. Legal services; security services
for the physical protection of tangible
property and individuals; personal and
social services rendered by others to
meet the needs of individuals.
Dated: November 28, 2018.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2018–26373 Filed 12–4–18; 8:45 am]
BILLING CODE 3510–16–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 387
[Docket No. 15–CRB–0010–CA–S]
Adjustment of Cable Statutory License
Royalty Rates
Copyright Royalty Board,
Library of Congress.
ACTION: Final rule.
AGENCY:
The Copyright Royalty Judges
(Judges) publish a final rule requiring
affected cable systems to pay a separate
per-telecast royalty (a Sports Surcharge)
in addition to the other royalties that
those cable systems must pay under
Section 111 of the Copyright Act.
DATES:
Effective date: December 6, 2018.
Applicability date: January 1, 2019.
ADDRESSES: Docket: For access to the
docket to read submitted background
documents or comments, go to eCRB,
the Copyright Royalty Board’s electronic
filing and case management system, at
https://app.crb.gov/ and search for
docket number 15–CRB–0010–CA–S.
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist,
by telephone at (202) 707–7658 or email
at crb@loc.gov.
SUPPLEMENTARY INFORMATION: On July
30, 2018, the Copyright Royalty Judges
SUMMARY:
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khammond on DSK30JT082PROD with RULES
Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations
(Judges) published a modified proposed
rule that establishes affected cable
operators’ obligation to pay a Sports
Surcharge royalty. 83 FR 36509.
The Judges solicited general
comments for or against the proposal
and specific comments on the following
questions: Could the proposed provision
in section 387.2 (e)(9) (‘‘Nothing herein
shall preclude any copyright owner of a
live television broadcast, the secondary
transmission of which would have been
subject to deletion under the FCC Sports
Blackout Rule, from receiving a share of
royalties paid pursuant to this
paragraph.’’) apply to the secondary
transmissions of the live television
broadcasts of any entity other than a
current member of the Joint Sports
Claimants (JSC)? 1 If the answer is yes,
which entities’ transmissions would
qualify for a share? If the answer is no
(i.e., only JSC members could qualify),
then is the current proposal
nevertheless consistent with the section
111 license? If so, why? Id. at 36511.
The Judges received joint comments
from the JSC, NCTA-The Internet &
Television Association, and American
Cable Association stating support for the
modified proposed rule as consistent
with the section 111 license, answering
the question in the affirmative, and
specifying that ‘‘non-JSC members (e.g.,
MLS)’’ 2 might qualify for a share of the
royalties. Joint Comments of the Moving
Parties at 5. The Judges received no
other comments.
The joint commenters point out that
the focus of the proposed rule is to
specify the circumstances in which
cable systems will owe and make Sports
Surcharge royalty payments, i.e., a ‘‘payin’’ methodology. Id. at 4. The modified
proposed language applies to Surcharge
payments for events of JSC members
and other entities, if any, who sought
protection under the Sports Blackout
Rule in the two years prior to its repeal.
The joint commenters are not aware of
any other protected entities, but they
proposed removing the reference to the
JSC in the rule to address the Judges’
concern that the language in the rule as
originally proposed appeared limiting
and exclusionary. Although JSC
members may be the only entities that
invoked the protection, even entities
who did not invoke the protection may
be entitled to receive a share of the
Surcharge funds in the future. Id. at 5–
6. The modified proposed rule also
1 The Joint Sports Claimants are the Office of the
Commissioner of Baseball, the National Football
League, the National Basketball Association, the
Women’s National Basketball Association, the
National Hockey League, and the National
Collegiate Athletic Association.
2 Major League Soccer.
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eliminates the reference to ‘‘eligible’’
sports events as it only included by
definition JSC-member events. Id. at 3–
4.
The joint commenters believe the
original proposed rule did not implicate
any of the concerns the Judges
expressed because distribution of shares
is not a subject of this rule. Distribution
of royalty fees will be determined by the
Judges or by agreement of interested
parties. The modified proposed rule
nonetheless states expressly that
copyright owners are not precluded
from sharing in future payments for the
regulated secondary transmissions. Id.
at 4, 6.
The removal of the references to JSCmember events in the proposed rule and
the addition of the section clarifying
that no entity will be precluded from
receiving shares based on this rule allay
the concerns of the Judges.
List of Subjects in 37 CFR Part 387
Copyright, Cable television, Royalties.
For the reasons set forth in the
preamble, and under the authority of
chapter 8, title 17, United States Code,
the Copyright Royalty Judges amend 37
CFR chapter III as follows:
PART 387—ADJUSTMENT OF
ROYALTY FEE FOR CABLE
COMPULSORY LICENSE
1. The authority citation for part 387
continues to read as follows:
■
Authority: 17 U.S.C. 801(b)(2), 803(b)(6).
2. Amend § 387.2 by redesignating
paragraph (e) as paragraph (f) and
adding a new paragraph (e) to read as
follows:
■
§ 387.2 Royalty fee for compulsory license
for secondary transmission by cable
systems.
*
*
*
*
*
(e) Sports programming surcharge.
Commencing with the first semiannual
accounting period of 2019 and for each
semiannual accounting period
thereafter, in the case of an affected
cable system filing Form SA3 as
referenced in 37 CFR 201.17(d)(2)(ii)
(2014), the royalty rate shall be, in
addition to the amounts specified in
paragraphs (a), (c), and (d) of this
section, a surcharge of 0.025 percent of
the affected cable system’s gross receipts
for the secondary transmission to
subscribers of each live television
broadcast of a sports event where the
secondary transmission of that
broadcast would have been subject to
deletion under the FCC Sports Blackout
Rule. For purposes of this paragraph:
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(1) The term ‘‘cable system’’ shall
have the same meaning as in 17 U.S.C.
111(f)(3);
(2) An ‘‘affected cable system’’—
(i) Is a ‘‘community unit,’’ as the
comparable term is defined or
interpreted in accordance with
§ 76.5(dd) of the rules and regulations of
the Federal Communications
Commission, in effect as of November
23, 2014, 47 CFR 76.5(dd) (2014);
(ii) That is located in whole or in part
within the 35-mile specified zone of a
television broadcast station licensed to
a community in which a sports event is
taking place, provided that if there is no
television broadcast station licensed to
the community in which a sports event
is taking place, the applicable specified
zone shall be that of the television
broadcast station licensed to the
community with which the sports event
or team is identified, or, if the event or
local team is not identified with any
particular community, the nearest
community to which a television station
is licensed; and
(iii) Whose royalty fee is specified by
17 U.S.C. 111(d)(1)(B);
(3) A ‘‘television broadcast’’ of a
sports event must qualify as a ‘‘nonnetwork television program’’ within the
meaning of 17 U.S.C. 111(d)(3)(A);
(4) The term ‘‘specified zone’’ shall be
defined as the comparable term is
defined or interpreted in accordance
with § 76.5(e) of the rules and
regulations of the Federal
Communications Commission in effect
as of November 23, 2014, 47 CFR 76.5(e)
(2014);
(5) The term ‘‘gross receipts’’ shall
have the same meaning as in 17 U.S.C.
111(d)(1)(B) and shall include all gross
receipts of the affected cable system
during the semiannual accounting
period except those from the affected
cable system’s subscribers who reside
in:
(i) The local service area of the
primary transmitter, as defined in 17
U.S.C. 111(f)(4);
(ii) Any community where the cable
system has fewer than 1000 subscribers;
(iii) Any community located wholly
outside the specified zone referenced in
paragraph (e)(4) of this section; and
(iv) Any community where the
primary transmitter was lawfully carried
prior to March 31, 1972;
(6) The term ‘‘FCC Sports Blackout
Rule’’ refers to § 76.111 of the rules and
regulations of the Federal
Communications Commission in effect
as of November 23, 2014, 47 CFR 76.111
(2014);
(7) Subject to paragraph (e)(8) of this
section, the surcharge will apply to the
secondary transmission of a primary
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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations
transmission of a live television
broadcast of a sports event only where
the holder of the broadcast rights to the
sports event or its agent has provided
the affected cable system—
(i) Advance written notice regarding
the secondary transmission as required
by § 76.111(b) and (c) of the FCC Sports
Blackout Rule; and
(ii) Documentary evidence that the
specific team on whose behalf the notice
is given had invoked the protection
afforded by the FCC Sports Blackout
Rule during the period from January 1,
2012, through November 23, 2014;
(8) In the case of collegiate sports
events, the number of events involving
a specific team as to which an affected
cable system must pay the surcharge
will be no greater than the largest
number of events as to which the FCC
Sports Blackout Rule was invoked in a
particular geographic area by that team
during any one of the accounting
periods occurring between January 1,
2012, and November 23, 2014;
(9) Nothing herein shall preclude any
copyright owner of a live television
broadcast, the secondary transmission of
which would have been subject to
deletion under the FCC Sports Blackout
Rule, from receiving a share of royalties
paid pursuant to this paragraph (e).
*
*
*
*
*
Dated: October 1, 2018.
David R. Strickler,
Copyright Royalty Judge.
Jesse M. Feder,
Copyright Royalty Judge.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2018–26275 Filed 12–4–18; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 16
[EPA–HQ–OEI–2014–0849; FRL–9941–44–
OEI]
Revision of the Agency’s Privacy Act
Regulations for EPA–63
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
khammond on DSK30JT082PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action on revisions to the Agency’s
Privacy Act regulations in order to
exempt a new system of records, EPA–
SUMMARY:
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63, the eDiscovery Enterprise Tool
Suite, from certain requirements of the
Privacy Act because records in EPA’s
eDiscovery Enterprise Tool Suite are
maintained for use in civil and criminal
actions. A notice has been published in
the Federal Register on July 27, 2018 for
the creation of this new system of
records that will contain information
collected using the Agency’s suite of
tools that search and preserve
electronically stored information (ESI)
in support of the Agency’s eDiscovery
(electronic discovery) and Freedom of
Information Act processes.
DATES: This rule is effective on March 6,
2019 without further notice, unless EPA
receives adverse comment by January 7,
2019. If EPA receives adverse comment,
we will publish a timely withdrawal in
the Federal Register informing the
public that the direct final rule will not
take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OEI–2014–0849, at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Brian K. Thompson, Acting Director,
eDiscovery Division, Office of
Enterprise Information Programs, U.S.
Environmental Protection Agency, Mail
Code 2822T, 1200 Pennsylvania Avenue
NW, Washington, DC 20460; email:
thompson.briank@epa.gov; telephone
number: 202–564–4256.
SUPPLEMENTARY INFORMATION:
I. Why is EPA using a direct final rule?
The EPA is publishing this rule
without a prior proposed rule because
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we view this as a noncontroversial
action and anticipate no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of the Federal Register,
we are publishing a separate document
that will serve as the proposed rule to
exempt a new system of records, EPA–
63, the eDiscovery Enterprise Tool
Suite, from certain requirements of the
Privacy Act if adverse comments are
received on this direct final rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this rule, see the
ADDRESSES section of this document.
If EPA receives adverse comment, we
will publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. We would address all public
comments in any subsequent final rule
based on the proposed rule.
II. General Information
The EPA published a Privacy Act
system of records notice for information
collected using the eDiscovery
Enterprise Tool Suite. Depending on the
specific need, the Agency will use a
combination of several electronic tools
that together assist with the
preservation, search, processing, review
and production of electronically stored
information (ESI). The tool suite will be
used to preserve, search, collect, sort
and review ESI including email
messages, word processing documents,
media files, spreadsheets, presentations,
scanned documents and data sets in
support of legal discovery. The Agency
will also use these tools to search for
ESI that is responsive to requests for
information submitted under the
Freedom of Information Act (FOIA), or
other formal information requests.
The records in EPA’s eDiscovery
Enterprise Tool Suite are maintained for
use in civil and criminal actions. The
Agency’s system of records, EPA–63, is
maintained by the Office of
Environmental Information, Office of
Enterprise Information Programs,
eDiscovery Division, on behalf of
Agency offices that will require use of
the eDiscovery tool suite for both civil
and criminal actions. When information
is maintained for the purpose of civil
actions, the relevant provision of the
Privacy Act is 5 U.S.C. 552a(d)(5) which
states ‘‘nothing in this [Act] shall allow
an individual access to any information
compiled in reasonable anticipation of a
civil action or proceeding.’’ 5 U.S.C.
552a(d)(5).
The system is also maintained for
support of criminal enforcement activity
by the EPA. In those cases, the system
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]]>Agencies
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Rules and Regulations]
[Pages 62714-62716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26275]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 387
[Docket No. 15-CRB-0010-CA-S]
Adjustment of Cable Statutory License Royalty Rates
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges (Judges) publish a final rule
requiring affected cable systems to pay a separate per-telecast royalty
(a Sports Surcharge) in addition to the other royalties that those
cable systems must pay under Section 111 of the Copyright Act.
DATES:
Effective date: December 6, 2018.
Applicability date: January 1, 2019.
ADDRESSES: Docket: For access to the docket to read submitted
background documents or comments, go to eCRB, the Copyright Royalty
Board's electronic filing and case management system, at https://app.crb.gov/ and search for docket number 15-CRB-0010-CA-S.
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
by telephone at (202) 707-7658 or email at [email protected].
SUPPLEMENTARY INFORMATION: On July 30, 2018, the Copyright Royalty
Judges
[[Page 62715]]
(Judges) published a modified proposed rule that establishes affected
cable operators' obligation to pay a Sports Surcharge royalty. 83 FR
36509.
The Judges solicited general comments for or against the proposal
and specific comments on the following questions: Could the proposed
provision in section 387.2 (e)(9) (``Nothing herein shall preclude any
copyright owner of a live television broadcast, the secondary
transmission of which would have been subject to deletion under the FCC
Sports Blackout Rule, from receiving a share of royalties paid pursuant
to this paragraph.'') apply to the secondary transmissions of the live
television broadcasts of any entity other than a current member of the
Joint Sports Claimants (JSC)? \1\ If the answer is yes, which entities'
transmissions would qualify for a share? If the answer is no (i.e.,
only JSC members could qualify), then is the current proposal
nevertheless consistent with the section 111 license? If so, why? Id.
at 36511.
---------------------------------------------------------------------------
\1\ The Joint Sports Claimants are the Office of the
Commissioner of Baseball, the National Football League, the National
Basketball Association, the Women's National Basketball Association,
the National Hockey League, and the National Collegiate Athletic
Association.
---------------------------------------------------------------------------
The Judges received joint comments from the JSC, NCTA-The Internet
& Television Association, and American Cable Association stating
support for the modified proposed rule as consistent with the section
111 license, answering the question in the affirmative, and specifying
that ``non-JSC members (e.g., MLS)'' \2\ might qualify for a share of
the royalties. Joint Comments of the Moving Parties at 5. The Judges
received no other comments.
---------------------------------------------------------------------------
\2\ Major League Soccer.
---------------------------------------------------------------------------
The joint commenters point out that the focus of the proposed rule
is to specify the circumstances in which cable systems will owe and
make Sports Surcharge royalty payments, i.e., a ``pay-in'' methodology.
Id. at 4. The modified proposed language applies to Surcharge payments
for events of JSC members and other entities, if any, who sought
protection under the Sports Blackout Rule in the two years prior to its
repeal. The joint commenters are not aware of any other protected
entities, but they proposed removing the reference to the JSC in the
rule to address the Judges' concern that the language in the rule as
originally proposed appeared limiting and exclusionary. Although JSC
members may be the only entities that invoked the protection, even
entities who did not invoke the protection may be entitled to receive a
share of the Surcharge funds in the future. Id. at 5-6. The modified
proposed rule also eliminates the reference to ``eligible'' sports
events as it only included by definition JSC-member events. Id. at 3-4.
The joint commenters believe the original proposed rule did not
implicate any of the concerns the Judges expressed because distribution
of shares is not a subject of this rule. Distribution of royalty fees
will be determined by the Judges or by agreement of interested parties.
The modified proposed rule nonetheless states expressly that copyright
owners are not precluded from sharing in future payments for the
regulated secondary transmissions. Id. at 4, 6.
The removal of the references to JSC-member events in the proposed
rule and the addition of the section clarifying that no entity will be
precluded from receiving shares based on this rule allay the concerns
of the Judges.
List of Subjects in 37 CFR Part 387
Copyright, Cable television, Royalties.
For the reasons set forth in the preamble, and under the authority
of chapter 8, title 17, United States Code, the Copyright Royalty
Judges amend 37 CFR chapter III as follows:
PART 387--ADJUSTMENT OF ROYALTY FEE FOR CABLE COMPULSORY LICENSE
0
1. The authority citation for part 387 continues to read as follows:
Authority: 17 U.S.C. 801(b)(2), 803(b)(6).
0
2. Amend Sec. 387.2 by redesignating paragraph (e) as paragraph (f)
and adding a new paragraph (e) to read as follows:
Sec. 387.2 Royalty fee for compulsory license for secondary
transmission by cable systems.
* * * * *
(e) Sports programming surcharge. Commencing with the first
semiannual accounting period of 2019 and for each semiannual accounting
period thereafter, in the case of an affected cable system filing Form
SA3 as referenced in 37 CFR 201.17(d)(2)(ii) (2014), the royalty rate
shall be, in addition to the amounts specified in paragraphs (a), (c),
and (d) of this section, a surcharge of 0.025 percent of the affected
cable system's gross receipts for the secondary transmission to
subscribers of each live television broadcast of a sports event where
the secondary transmission of that broadcast would have been subject to
deletion under the FCC Sports Blackout Rule. For purposes of this
paragraph:
(1) The term ``cable system'' shall have the same meaning as in 17
U.S.C. 111(f)(3);
(2) An ``affected cable system''--
(i) Is a ``community unit,'' as the comparable term is defined or
interpreted in accordance with Sec. 76.5(dd) of the rules and
regulations of the Federal Communications Commission, in effect as of
November 23, 2014, 47 CFR 76.5(dd) (2014);
(ii) That is located in whole or in part within the 35-mile
specified zone of a television broadcast station licensed to a
community in which a sports event is taking place, provided that if
there is no television broadcast station licensed to the community in
which a sports event is taking place, the applicable specified zone
shall be that of the television broadcast station licensed to the
community with which the sports event or team is identified, or, if the
event or local team is not identified with any particular community,
the nearest community to which a television station is licensed; and
(iii) Whose royalty fee is specified by 17 U.S.C. 111(d)(1)(B);
(3) A ``television broadcast'' of a sports event must qualify as a
``non-network television program'' within the meaning of 17 U.S.C.
111(d)(3)(A);
(4) The term ``specified zone'' shall be defined as the comparable
term is defined or interpreted in accordance with Sec. 76.5(e) of the
rules and regulations of the Federal Communications Commission in
effect as of November 23, 2014, 47 CFR 76.5(e) (2014);
(5) The term ``gross receipts'' shall have the same meaning as in
17 U.S.C. 111(d)(1)(B) and shall include all gross receipts of the
affected cable system during the semiannual accounting period except
those from the affected cable system's subscribers who reside in:
(i) The local service area of the primary transmitter, as defined
in 17 U.S.C. 111(f)(4);
(ii) Any community where the cable system has fewer than 1000
subscribers;
(iii) Any community located wholly outside the specified zone
referenced in paragraph (e)(4) of this section; and
(iv) Any community where the primary transmitter was lawfully
carried prior to March 31, 1972;
(6) The term ``FCC Sports Blackout Rule'' refers to Sec. 76.111 of
the rules and regulations of the Federal Communications Commission in
effect as of November 23, 2014, 47 CFR 76.111 (2014);
(7) Subject to paragraph (e)(8) of this section, the surcharge will
apply to the secondary transmission of a primary
[[Page 62716]]
transmission of a live television broadcast of a sports event only
where the holder of the broadcast rights to the sports event or its
agent has provided the affected cable system--
(i) Advance written notice regarding the secondary transmission as
required by Sec. 76.111(b) and (c) of the FCC Sports Blackout Rule;
and
(ii) Documentary evidence that the specific team on whose behalf
the notice is given had invoked the protection afforded by the FCC
Sports Blackout Rule during the period from January 1, 2012, through
November 23, 2014;
(8) In the case of collegiate sports events, the number of events
involving a specific team as to which an affected cable system must pay
the surcharge will be no greater than the largest number of events as
to which the FCC Sports Blackout Rule was invoked in a particular
geographic area by that team during any one of the accounting periods
occurring between January 1, 2012, and November 23, 2014;
(9) Nothing herein shall preclude any copyright owner of a live
television broadcast, the secondary transmission of which would have
been subject to deletion under the FCC Sports Blackout Rule, from
receiving a share of royalties paid pursuant to this paragraph (e).
* * * * *
Dated: October 1, 2018.
David R. Strickler,
Copyright Royalty Judge.
Jesse M. Feder,
Copyright Royalty Judge.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2018-26275 Filed 12-4-18; 8:45 am]
BILLING CODE 1410-72-P
