Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate, 74883-74884 [2020-25741]

Download as PDF jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations (ii) Are nationals of one of the following countries, which had an overstay rate of ten percent or higher in Fiscal Year 2019, according to the DHS FY 2019 Overstay Report, https:// www.dhs.gov/publication/entryexitoverstay-report, for B–1/B–2 visa applicants: Afghanistan, Angola, Bhutan, Burkina Faso, Burma, Burundi, Cabo Verde, Chad, Democratic Republic of the Congo (Kinshasa), Djibouti, Eritrea, the Gambia, Guinea-Bissau, Iran, Laos, Liberia, Libya, Mauritania, Papua New Guinea, Sao Tome and Principe, Sudan, Syria, and Yemen; and (iii) Are granted a DHS waiver of inadmissibility under INA section 212(d)(3)(A) prior to visa issuance. Consular officers will set the Visa Bond amount at $5,000, $10,000, or $15,000, based on a consular officer’s assessment of which amount is sufficient to ensure the alien will not remain in the United States beyond the end of the alien’s authorized period of stay, while not exceeding what the alien can pay. Visas issued under the Visa Bond Pilot Program will be valid for a single entry to the United States within three months of the date of visa issuance. (3) Bond waiver authority. The Deputy Assistant Secretary for Visa Services may waive the bond requirement, for an alien, country, or a category of aliens, if the Deputy Assistant Secretary assesses that such a waiver is not contrary to the national interest. A waiver of the bond requirement may be recommended to the Deputy Assistant Secretary for Visa Services by a consular officer where the consular officer has reason to believe the waiver would advance a national interest or humanitarian interest. There will be no procedure for visa applicants to apply for a waiver of the bond requirement. Consular officers will determine whether a waiver would advance a significant national interest or humanitarian interest based on the applicants purpose of travel and employment, as described in the visa application and during the visa interview. (4) Bond procedures. A Visa Bond required under paragraph (c) of this section must be submitted to and approved by DHS. Upon the posting of such bond, DHS will notify the appropriate consular section overseas. Under this Visa Bond Pilot Program, Visa Bonds will be administered by U.S. Immigration and Customs Enforcement (ICE) in accordance with regulations, procedures, and instructions promulgated by DHS applicable to ICE Form I–352, Immigration Bond. A Visa Bond will be canceled when a visa holder substantially performs with respect to the terms and conditions of VerDate Sep<11>2014 16:05 Nov 23, 2020 Jkt 253001 the Visa Bond as set forth in paragraph G(4) of Form I–352. Conversely, a Visa Bond will be breached when there has been a substantial violation of the terms and conditions set forth in paragraph G(4) of Form I–352. To demonstrate that they performed within the bond requirements, visa holders may, for example, schedule an appointment at a consular section outside the United States within 30 days of their departure from the United States and, after establishing their identity through personal appearance and presentation of a passport, provide information to a consular officer confirming they departed the United States on or before the expiration of their authorized period of stay. Upon doing so, visa holders will have substantially performed bond requirements, provided they maintained the conditions of their status while admitted to the United States. Visa holders who do not appear at a consular section still may ensure cancellation of the bond if the visa holder substantially complies with the terms and conditions of the Visa Bond as set forth in paragraph G(4) of Form I–352 and provides ICE probative documentation of timely departure, if required. Visa holders who timely file an application for extension of stay or change of status are not deemed to be in breach of bond. (5) Appeal of bond breach determination. A determination of a breach bond may be appealed in accordance with instructions on the applicable DHS forms governing bond breach determinations and appeal rights. (6) Effect on other law. Nothing in this paragraph (c) shall be construed as altering or affecting any other authority, process, or regulation provided by or established under any other provision of Federal law. Carl C. Risch, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2020–24223 Filed 11–23–20; 8:45 am] BILLING CODE 4710–06–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 20–CRB–0011–PBR (2018– 2022) COLA (2021)] Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate Copyright Royalty Board, Library of Congress. AGENCY: PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 74883 Final rule; cost of living adjustment. ACTION: 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 2021 of published nondramatic musical compositions in the SESAC repertory pursuant to the statutory license under the Copyright Act for noncommercial broadcasting. SUMMARY: DATES: Effective date: December 9, 2020. Applicability dates: These rates are applicable to the period beginning January 1, 2021, and ending December 31, 2021. 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 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, 2019, to the most recent index published before December 1, 2020, is 1.2%.1 In 1 On November 12, 2020, the Bureau of Labor Statistics announced that the CPI–U increased 1.2% over the last 12 months. E:\FR\FM\24NOR1.SGM 24NOR1 74884 Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations accordance with 37 CFR 381.10(b), the Judges announce that the COLA for calendar year 2021 shall be 1.5%. Application of the 1.5% COLA to the 2020 rate for the performance of published nondramatic musical compositions in the repertory of SESAC—$162 per station—results in an adjusted rate of $164 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 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) 2021: $164 per station. * * * * * Dated: November 17, 2020. Jesse M. Feder, Chief Copyright Royalty Judge. [FR Doc. 2020–25741 Filed 11–23–20; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 386 [Docket No. 20–CRB–0012–SA–COLA (2021)] 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. jbell on DSKJLSW7X2PROD with RULES AGENCY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 1.2% in the royalty rates SUMMARY: VerDate Sep<11>2014 16:05 Nov 23, 2020 Jkt 253001 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 2019 to October 2020. DATES: Effective date: December 9, 2020. Applicability dates: These rates are applicable to the period January 1, 2021, through December 31, 2021. 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 reauthorized the license for additional five-year periods until 2019 when it made the license permanent.1 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 2 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, 2019, to the most recent index published before December 1, 2020, is 1.2%.3 Application of the 1.2% COLA to the current rate for the secondary transmission of broadcast stations by satellite carriers for private 1 The most recent five-year reauthorization was pursuant to the STELA Reauthorization Act of 2014, Public Law 113–200. The license was made permanent by the Satellite Television Community Protection and Promotion Act of 2019, Public Law 116–94, div. P, title XI, § 1102(a), (c)(1), 133 Stat. 3201, 3203. 2 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. 3 On November 12, 2020, the Bureau of Labor Statistics announced that the CPI–U increased 1.2% over the last 12 months. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 home viewing—30 cents per subscriber per month—results in an unchanged rate of 30 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(1). Application of the 1.2% COLA to the current rate for viewing in commercial establishments— 60 cents per subscriber per month— results in a rate of 61 cents per subscriber per month (rounded to 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)(xii) and (b)(2)(xii) to read as follows: ■ § 386.2 Royalty fee for secondary transmission by satellite carriers. * * * * * (b) * * * (1) * * * (xii) 2021: 30 cents per subscriber per month. (2) * * * (xii) 2021: 61 cents per subscriber per month. Dated: November 17, 2020. Jesse M. Feder, Chief Copyright Royalty Judge. [FR Doc. 2020–25742 Filed 11–23–20; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2020–0001; FRL–10016–41 Region 4] Air Plan Approval; NC; Blue Ridge Paper SO2 Emission Limits Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a sourcespecific State Implementation Plan (SIP) revision submitted by the State of North Carolina Department of Environmental SUMMARY: E:\FR\FM\24NOR1.SGM 24NOR1

Agencies

[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Rules and Regulations]
[Pages 74883-74884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25741]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 381

[Docket No. 20-CRB-0011-PBR (2018-2022) COLA (2021)]


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.

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

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 2021 of published nondramatic musical compositions in the SESAC 
repertory pursuant to the statutory license under the Copyright Act for 
noncommercial broadcasting.

DATES: 
    Effective date: December 9, 2020.
    Applicability dates: These rates are applicable to the period 
beginning January 1, 2021, and ending December 31, 2021.

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, 2019, to the most recent index 
published before December 1, 2020, is 1.2%.\1\ In

[[Page 74884]]

accordance with 37 CFR 381.10(b), the Judges announce that the COLA for 
calendar year 2021 shall be 1.5%. Application of the 1.5% COLA to the 
2020 rate for the performance of published nondramatic musical 
compositions in the repertory of SESAC--$162 per station--results in an 
adjusted rate of $164 per station.
---------------------------------------------------------------------------

    \1\ On November 12, 2020, the Bureau of Labor Statistics 
announced that the CPI-U increased 1.2% over the last 12 months.
---------------------------------------------------------------------------

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 paragraph (c)(3)(iv) to read as 
follows:


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

* * * * *
    (c) * * *
    (3) * * *
    (iv) 2021: $164 per station.
* * * * *

    Dated: November 17, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2020-25741 Filed 11-23-20; 8:45 am]
BILLING CODE 1410-72-P
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