Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates, 74884 [2020-25742]
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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]
[Page 74884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25742]
-----------------------------------------------------------------------
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
AGENCY: Copyright Royalty Board (CRB), Library of Congress.
ACTION: Final rule; cost of living adjustment.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges announce a cost of living
adjustment (COLA) of 1.2% 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 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 [email protected].
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\
---------------------------------------------------------------------------
\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, Sec. 1102(a), (c)(1), 133 Stat. 3201, 3203.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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).
---------------------------------------------------------------------------
\3\ 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 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)(xii) and
(b)(2)(xii) to read as follows:
Sec. 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