Adjustment of Cable Statutory License Royalty Rates, 8222-8223 [2021-02270]

Download as PDF 8222 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review. Agency: DOL–EBSA. Title of Collection: Employee Retirement Income Security Act of 1974 Section 408(a) Prohibited Transaction Provisions Exemption Application Procedure. OMB Control Number: 1210–0060. Affected Public: Private Sector— Businesses or other for-profits. Total Estimated Number of Respondents: 20. Total Estimated Number of Responses: 4,899. Total Estimated Annual Time Burden: 632 hours. Total Estimated Annual Other Costs Burden: $551,422. Authority: 44 U.S.C. 3507(a)(1)(D). Dated: January 28, 2021. Mara Blumenthal, Senior PRA Analyst. [FR Doc. 2021–02326 Filed 2–3–21; 8:45 am] BILLING CODE 4510–29–P DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; Investment Advice Participants and Beneficiaries Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting this EBSAsponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before March 8, 2021. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments are invited on: (1) Whether the collection of information is necessary for the proper performance of jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 the functions of the Department, including whether the information will have practical utility; (2) if the information will be processed and used in a timely manner; (3) the accuracy of the agency’s estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (4) ways to enhance the quality, utility and clarity of the information collection; and (5) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: Mara Blumenthal by telephone at 202– 693–8538, or by email at DOL_PRA_ PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: The Department’s rule allows financial services firms, such as a registered investment adviser, bank, or registered broker-dealer, to provide investment advice on its proprietary investment products or other investments that would result in fees or other payments to the firm, if the firm complies with a fee-leveling requirement or the advice is furnished using a certified computer model. The regulation contains the following collections of information: (1) A fiduciary adviser must furnish an initial disclosure that provides detailed information to participants about an advice arrangement before initially providing investment advice; (2) a fiduciary adviser must engage, at least annually, an independent auditor to conduct an audit of the investment advice arrangement for compliance with the regulation; (3) if the fiduciary adviser provides the investment advice through the use of a computer model, the fiduciary adviser must obtain the written certification of an eligible investment expert as to the computer model’s compliance with certain standards (e.g., applies generally accepted investment theories, unbiased operation, objective criteria) set forth in the regulation before providing the advice; and (4) fiduciary advisers must maintain records with respect to the investment advice provided in reliance on the regulation necessary to determine whether the applicable requirements of the regulation have been satisfied. For additional substantive information about this ICR, see the related notice published in the Federal Register on October 20, 2020 (85 FR 66580). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review. Agency: DOL–EBSA. Title of Collection: Investment Advice Participants and Beneficiaries. OMB Control Number: 1210–0134. Affected Public: Private Sector— Businesses or other for-profits. Total Estimated Number of Respondents: 11,396. Total Estimated Number of Responses: 23,033,030. Total Estimated Annual Time Burden: 2,423,391 hours. Total Estimated Annual Other Costs Burden: $318,912,816. Authority: 44 U.S.C. 3507(a)(1)(D). Dated: January 28, 2021. Mara Blumenthal, Senior PRA Analyst. [FR Doc. 2021–02327 Filed 2–3–21; 8:45 am] BILLING CODE 4510–29–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 20–CRB–0008–CA (2020–2025)] Adjustment of Cable Statutory License Royalty Rates Copyright Royalty Board, Library of Congress. ACTION: Notice of proposed settlement; request for comments. AGENCY: The Copyright Royalty Judges publish for comment a proposed settlement governing royalty rates and terms for the distant retransmission of over-the-air television and radio broadcast stations by cable television systems to their subscribers. DATES: Comments are due no later than February 25, 2021. ADDRESSES: You may send comments, identified by docket number 20–CRB– 0008–CA, online through eCRB at https://app.crb.gov. Instructions: All submissions received must include the Copyright Royalty SUMMARY: E:\FR\FM\04FEN1.SGM 04FEN1 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES Board name and the docket number for this proceeding. All comments received will be posted without change to eCRB at https://app.crb.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received, go to eCRB at https://app.crb.gov and perform a case search for docket 20–CRB–0008–CA. FOR FURTHER INFORMATION CONTACT: Anita Blaine, Program Specialist, by telephone at (202) 707–7658, or by email at crb@loc.gov. SUPPLEMENTARY INFORMATION: On January 26, 2021, the Copyright Royalty Judges (Judges) received a Joint Notice of Settlement of Participating Parties 1 informing the Judges that they have agreed not to seek a quinquennial adjustment in the existing Section 111 royalty rates or gross receipts limitations pursuant to 17 U.S.C. 804(b)(1)(A)–(B) for the 2020–2025 period. As a result, the Participating Parties request that the Judges terminate this proceeding without making any changes in (1) the royalty rates currently set forth in 17 U.S.C. 111(d)(1)(B) and 37 CFR 256.2(c)–(d); 2 and (2) the gross receipts limitations set forth in 17 U.S.C. 111(d)(1)(E)–(F). Joint Notice at 2. The Judges hereby publish the proposed settlement and request comments from interested parties as required by 17 U.S.C. 801(b)(7)(A). Section 111 of the Copyright Act grants a statutory copyright license to cable television systems for the distant retransmission of over-the-air television and radio broadcast stations to their subscribers. 17 U.S.C. 111(c). In exchange for the license, cable operators submit to the Copyright Office semiannually royalty payments and statements of account detailing their retransmissions. 17 U.S.C. 111(d)(1). The Copyright Office deposits the royalties into the United States Treasury for later distribution to copyright 1 The Participating Parties are American Society of Composers, Authors and Publishers, Broadcast Music, Inc., Canadian Claimants Group (by Canadian Broadcasting Corporation), Devotional Claimants (Crystal Cathedral Ministries, et al.), Global Music Rights, LLC, Joint Sports Claimants, Motion Picture Association, Commercial Television Claimants (through the National Association of Broadcasters), NPR Claimants (through National Public Radio, Inc.), NCTA—The Internet & Television Association, Public Television Claimants (through Public Broadcasting Service), and SESAC Performing Rights, LLC. 2 The Judges assume that the Participating Parties’ reference to 37 CFR 256.2(c) & (d), which was a Copyright Office regulation relating to the Judges’ predecessor, is intended to refer to paragraphs (c)– (d) of 37 CFR 387, which the Judges adopted at the conclusion of the last cable rate proceeding. See 81 FR 62812 (Sept. 13, 2016) and 81 FR 24523–24 (Apr. 26, 2016). VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 owners of the broadcast programming that the cable systems retransmit. 17 U.S.C. 111(d)(2). A cable system calculates its royalty payments in accordance with the statutory formula described in 17 U.S.C. 111(d)(1). Royalty rates are based upon a cable system’s gross receipts from subscribers who receive retransmitted broadcast signals. For rate calculation purposes, cable systems are divided into three tiers (small, medium, and large) based on their gross receipts. 17 U.S.C. 111(d)(1)(B) through (F). Both the applicable rates and the tiers are subject to adjustment. 17 U.S.C. 801(b)(2). Every five years persons with a significant interest in the royalty rates may file petitions to initiate a proceeding to adjust the rates. 17 U.S.C. 804(a)–(b). No person with a significant interest filed a petition to initiate a proceeding in 2020. Therefore, the Judges initiated a rate adjustment proceeding by publishing a notice and request for petitions to participate in the Federal Register. 85 FR 34467 (June 4, 2020). The Judges accepted the petitions to participate of each of the Participating Parties and commenced a Voluntary Negotiation Period (VNP). Notice of Participants, Commencement of Voluntary Negotiation Period, and Scheduling Order (Oct. 20, 2020).3 In response to that Notice and Order, the Participating Parties have notified the Judges that they have agreed not to seek a quinquennial adjustment in the existing Section 111 royalty rates or gross receipts limitations pursuant to 17 U.S.C. 804(b)(1)(A)–(B) for the 2020– 2025 period. They request that the Judges terminate this proceeding without making any changes in the applicable royalty rates and gross receipts limitations. Section 801(b)(7)(A) allows for the adoption of rates and terms negotiated by ‘‘some or all of the participants in a proceeding at any time during the proceeding’’ provided the parties submit the negotiated rates and terms to the Judges for approval. That provision directs the Judges to provide those who would be bound by the negotiated rates and terms an opportunity to comment on the agreement. Unless a participant in a proceeding objects and the Judges conclude that the agreement does not 3 The Judges also received a petition to participate from Circle God Network Inc. (through David Powell), which the Judges concluded failed to state why it believed it had a significant interest in the proceeding. The Judges subsequently rejected Mr. Powell’s petition to participate, Order Rejecting David Powell’s Petition to Participate and Permitting Filing of an Amended Petition (Oct. 20, 2020), and later dismissed Mr. Powell from the proceeding. Order Dismissing David Powell (Nov. 5, 2020). PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 8223 provide a reasonable basis for setting statutory rates or terms, the Judges adopt the negotiated rates and terms. 17 U.S.C. 801(b)(7)(A). If the Judges adopt the proposed rates and terms pursuant to this provision for the 2020–2025 rate period, the adopted (and thus, existing) rates and terms and gross receipts limitations will continue to be binding on all cable systems that retransmit distantly over-the-air television and radio broadcast stations to their subscribers and on all copyright owners of the broadcast programming that the cable systems retransmit during the license period 2020–2025. Interested parties may comment and Participating Parties may object to the proposed settlement referenced in this notice. See 17 U.S.C. 801(b)(7)(A). Such comments and objections, if any, must be submitted no later than February 25, 2021. Dated: January 29, 2021. Jesse M. Feder, Chief Copyright Royalty Judge. [FR Doc. 2021–02270 Filed 2–3–21; 8:45 am] BILLING CODE 1410–72–P OFFICE OF MANAGEMENT AND BUDGET Revisions of Rescissions Proposals Pursuant to the Congressional Budget and Impoundment Control Act of 1974 Executive Office of the President, Office of Management and Budget. AGENCY: Notice of revisions to rescissions proposed pursuant to the Congressional Budget and Impoundment Control Act of 1974. ACTION: Pursuant to section 1014(d) of the Congressional Budget and Impoundment Control Act of 1974, OMB is issuing a supplementary special message from the President in regard to the rescissions proposals that were previously transmitted to the Congress on January 14, 2021 under section 1012(a) of that Act. The supplementary special message was transmitted to the Congress on January 31, 2021. The supplementary special message reports the withdrawal of all 73 proposals. SUMMARY: The Congress was notified on January 31, 2021. DATES: This supplementary special message is available on-line on the OMB website at: https://www.whitehouse.gov/ ADDRESSES: E:\FR\FM\04FEN1.SGM 04FEN1

Agencies

[Federal Register Volume 86, Number 22 (Thursday, February 4, 2021)]
[Notices]
[Pages 8222-8223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02270]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 20-CRB-0008-CA (2020-2025)]


Adjustment of Cable Statutory License Royalty Rates

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice of proposed settlement; request for comments.

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

SUMMARY: The Copyright Royalty Judges publish for comment a proposed 
settlement governing royalty rates and terms for the distant 
retransmission of over-the-air television and radio broadcast stations 
by cable television systems to their subscribers.

DATES: Comments are due no later than February 25, 2021.

ADDRESSES: You may send comments, identified by docket number 20-CRB-
0008-CA, online through eCRB at https://app.crb.gov.
    Instructions: All submissions received must include the Copyright 
Royalty

[[Page 8223]]

Board name and the docket number for this proceeding. All comments 
received will be posted without change to eCRB at https://app.crb.gov, 
including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to eCRB at https://app.crb.gov and perform a case 
search for docket 20-CRB-0008-CA.

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

SUPPLEMENTARY INFORMATION: On January 26, 2021, the Copyright Royalty 
Judges (Judges) received a Joint Notice of Settlement of Participating 
Parties \1\ informing the Judges that they have agreed not to seek a 
quinquennial adjustment in the existing Section 111 royalty rates or 
gross receipts limitations pursuant to 17 U.S.C. 804(b)(1)(A)-(B) for 
the 2020-2025 period. As a result, the Participating Parties request 
that the Judges terminate this proceeding without making any changes in 
(1) the royalty rates currently set forth in 17 U.S.C. 111(d)(1)(B) and 
37 CFR 256.2(c)-(d); \2\ and (2) the gross receipts limitations set 
forth in 17 U.S.C. 111(d)(1)(E)-(F). Joint Notice at 2. The Judges 
hereby publish the proposed settlement and request comments from 
interested parties as required by 17 U.S.C. 801(b)(7)(A).
---------------------------------------------------------------------------

    \1\ The Participating Parties are American Society of Composers, 
Authors and Publishers, Broadcast Music, Inc., Canadian Claimants 
Group (by Canadian Broadcasting Corporation), Devotional Claimants 
(Crystal Cathedral Ministries, et al.), Global Music Rights, LLC, 
Joint Sports Claimants, Motion Picture Association, Commercial 
Television Claimants (through the National Association of 
Broadcasters), NPR Claimants (through National Public Radio, Inc.), 
NCTA--The Internet & Television Association, Public Television 
Claimants (through Public Broadcasting Service), and SESAC 
Performing Rights, LLC.
    \2\ The Judges assume that the Participating Parties' reference 
to 37 CFR 256.2(c) & (d), which was a Copyright Office regulation 
relating to the Judges' predecessor, is intended to refer to 
paragraphs (c)-(d) of 37 CFR 387, which the Judges adopted at the 
conclusion of the last cable rate proceeding. See 81 FR 62812 (Sept. 
13, 2016) and 81 FR 24523-24 (Apr. 26, 2016).
---------------------------------------------------------------------------

    Section 111 of the Copyright Act grants a statutory copyright 
license to cable television systems for the distant retransmission of 
over-the-air television and radio broadcast stations to their 
subscribers. 17 U.S.C. 111(c). In exchange for the license, cable 
operators submit to the Copyright Office semiannually royalty payments 
and statements of account detailing their retransmissions. 17 U.S.C. 
111(d)(1). The Copyright Office deposits the royalties into the United 
States Treasury for later distribution to copyright owners of the 
broadcast programming that the cable systems retransmit. 17 U.S.C. 
111(d)(2).
    A cable system calculates its royalty payments in accordance with 
the statutory formula described in 17 U.S.C. 111(d)(1). Royalty rates 
are based upon a cable system's gross receipts from subscribers who 
receive retransmitted broadcast signals. For rate calculation purposes, 
cable systems are divided into three tiers (small, medium, and large) 
based on their gross receipts. 17 U.S.C. 111(d)(1)(B) through (F). Both 
the applicable rates and the tiers are subject to adjustment. 17 U.S.C. 
801(b)(2).
    Every five years persons with a significant interest in the royalty 
rates may file petitions to initiate a proceeding to adjust the rates. 
17 U.S.C. 804(a)-(b). No person with a significant interest filed a 
petition to initiate a proceeding in 2020. Therefore, the Judges 
initiated a rate adjustment proceeding by publishing a notice and 
request for petitions to participate in the Federal Register. 85 FR 
34467 (June 4, 2020). The Judges accepted the petitions to participate 
of each of the Participating Parties and commenced a Voluntary 
Negotiation Period (VNP). Notice of Participants, Commencement of 
Voluntary Negotiation Period, and Scheduling Order (Oct. 20, 2020).\3\ 
In response to that Notice and Order, the Participating Parties have 
notified the Judges that they have agreed not to seek a quinquennial 
adjustment in the existing Section 111 royalty rates or gross receipts 
limitations pursuant to 17 U.S.C. 804(b)(1)(A)-(B) for the 2020-2025 
period. They request that the Judges terminate this proceeding without 
making any changes in the applicable royalty rates and gross receipts 
limitations.
---------------------------------------------------------------------------

    \3\ The Judges also received a petition to participate from 
Circle God Network Inc. (through David Powell), which the Judges 
concluded failed to state why it believed it had a significant 
interest in the proceeding. The Judges subsequently rejected Mr. 
Powell's petition to participate, Order Rejecting David Powell's 
Petition to Participate and Permitting Filing of an Amended Petition 
(Oct. 20, 2020), and later dismissed Mr. Powell from the proceeding. 
Order Dismissing David Powell (Nov. 5, 2020).
---------------------------------------------------------------------------

    Section 801(b)(7)(A) allows for the adoption of rates and terms 
negotiated by ``some or all of the participants in a proceeding at any 
time during the proceeding'' provided the parties submit the negotiated 
rates and terms to the Judges for approval. That provision directs the 
Judges to provide those who would be bound by the negotiated rates and 
terms an opportunity to comment on the agreement. Unless a participant 
in a proceeding objects and the Judges conclude that the agreement does 
not provide a reasonable basis for setting statutory rates or terms, 
the Judges adopt the negotiated rates and terms. 17 U.S.C. 
801(b)(7)(A).
    If the Judges adopt the proposed rates and terms pursuant to this 
provision for the 2020-2025 rate period, the adopted (and thus, 
existing) rates and terms and gross receipts limitations will continue 
to be binding on all cable systems that retransmit distantly over-the-
air television and radio broadcast stations to their subscribers and on 
all copyright owners of the broadcast programming that the cable 
systems retransmit during the license period 2020-2025.
    Interested parties may comment and Participating Parties may object 
to the proposed settlement referenced in this notice. See 17 U.S.C. 
801(b)(7)(A). Such comments and objections, if any, must be submitted 
no later than February 25, 2021.

    Dated: January 29, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-02270 Filed 2-3-21; 8:45 am]
BILLING CODE 1410-72-P

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