Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates, 74884 [2020-25742]

Download as PDF 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]


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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.

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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\
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    \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.
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    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).
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    \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).
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    \3\ On November 12, 2020, the Bureau of Labor Statistics 
announced that the CPI-U increased 1.2% over the last 12 months.
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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