Determination of Rates and Terms for Public Broadcasting (PB IV), 34674-34676 [2021-13922]
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34674
Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules
administering the Department’s
programs and activities.
jbell on DSKJLSW7X2PROD with PROPOSALS
Potential Costs and Benefits
The proposed priorities and
definitions would impose minimal costs
on entities that would receive assistance
through the Department’s discretionary
grant programs. Additionally, the
benefits of implementing the proposed
priorities and definitions outweigh any
associated costs because it would result
in the Department’s discretionary grant
programs encouraging the submission of
a greater number of high-quality
applications and supporting activities
that reflect the Administration’s
educational priorities.
Application submission and
participation in a discretionary grant
program are voluntary. The Secretary
believes that the costs imposed on
applicants by the proposed priorities
and definitions would be limited to
paperwork burden related to preparing
an application for a discretionary grant
program that is using a priority in its
competition. Because the costs of
carrying out activities would be paid for
with program funds, the costs of
implementation would not be a burden
for any eligible applicants, including
small entities.
Clarity of the Regulations
Executive Order 12866 and the
Presidential memorandum ‘‘Plain
Language in Government Writing’’
require each agency to write regulations
that are easy to understand.
The Secretary invites comments on
how to make the proposed priorities and
definitions easier to understand,
including answers to questions such as
the following:
• Are the requirements in the
proposed regulations clearly stated?
• Do the proposed regulations contain
technical terms or other wording that
interferes with their clarity?
• Would the proposed regulations be
easier to understand if we divided them
into more (but shorter) sections?
• Could the description of the
proposed regulations in the
SUPPLEMENTARY INFORMATION section of
this preamble be more helpful in
making the proposed regulations easier
to understand? If so, how?
To send any comments that concern
how the Department could make the
proposed priorities and definitions
easier to understand, see the
instructions in the ADDRESSES section.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
VerDate Sep<11>2014
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Jkt 253001
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Regulatory Flexibility Act Certification
The Secretary certifies that this
proposed regulatory action would not
have a significant economic impact on
a substantial number of small entities.
The U.S. Small Business Administration
Size Standards define proprietary
institutions as small businesses if they
are independently owned and operated,
are not dominant in their field of
operation, and have total annual
revenue below $7,000,000. Nonprofit
institutions are defined as small entities
if they are independently owned and
operated and not dominant in their field
of operation. Public institutions are
defined as small organizations if they
are operated by a government
overseeing a population below 50,000.
The small entities that this proposed
regulatory action would affect are early
learning providers, school districts,
IHEs, nonprofit organizations, and forprofit organizations. Of the impacts we
estimate accruing to grantees or eligible
entities, all are voluntary and related
mostly to an increase in the number of
applications prepared and submitted
annually for competitive grant
competitions. Therefore, we do not
believe that the proposed priorities and
definitions would significantly impact
small entities beyond the potential for
increasing the likelihood of their
applying for, and receiving, competitive
grants from the Department.
Paperwork Reduction Act
The proposed priority and definitions
do not contain any information
collection requirements.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
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view this document, as well as all other
documents of the Department published
in the Federal Register, in text or
Portable Document Format (PDF). To
use PDF, you must have Adobe Acrobat
Reader, which is available free at the
site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Miguel Cardona,
Secretary of Education.
[FR Doc. 2021–14003 Filed 6–29–21; 8:45 am]
BILLING CODE 4000–01–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 21–CRB–0002–PBR (2023–
2027)]
Determination of Rates and Terms for
Public Broadcasting (PB IV)
Copyright Royalty Board,
Library of Congress.
ACTION: Proposed rule.
AGENCY:
The Copyright Royalty Judges
publish for comment proposed
regulations that set rates and terms for
the use of certain copyrighted works by
certain public broadcasting entities for
the period beginning January 1, 2023,
and ending December 31, 2027.
DATES: Comments and objections, if any,
are due no later than July 30, 2021.
ADDRESSES: You may send comments,
identified by docket number 21–CRB–
0002–PBR (2023–2027), online through
eCRB at https://app.crb.gov.
Instructions: To send your comment
through eCRB, if you do not have a user
account, you will first need to register
for an account and wait for your
registration to be approved. Approval of
user accounts is only available during
business hours. Once you have an
approved account, you can only sign in
and file your comment after setting up
multi-factor authentication, which can
be done at any time of day. All
comments must include the Copyright
Royalty Board name and the docket
number for this proposed rule. All
properly filed comments will appear
without change in eCRB at https://
app.crb.gov, including any personal
information provided.
SUMMARY:
E:\FR\FM\30JNP1.SGM
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34675
Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules
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 21–CRB–0002–PBR
(2023–2027).
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist, at
202–707–7658 or crb@loc.gov.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with PROPOSALS
Background
Section 118 of the Copyright Act, title
17 of the United States Code, establishes
a statutory license for the use of certain
copyrighted works in connection with
noncommercial television and radio
broadcasting. Chapter 8 of the Copyright
Act requires the Copyright Royalty
Judges (‘‘Judges’’) to conduct
proceedings every five years to
determine the rates and terms for the
section 118 license. 17 U.S.C. 801(b)(1),
804(b)(6). Accordingly, the Judges
commenced a proceeding in January
2021, by publishing notice of the
commencement of the proceeding and a
request that interested parties submit
petitions to participate. 86 FR 325 (Jan.
5, 2021).
The Judges received petitions to
participate in the current proceeding
from The American Society of Authors,
Composers and Publishers (ASCAP);
Broadcast Music, Inc. (BMI); Church
Music Publishers’ Association, Inc.
(CMPA); Educational Media Foundation
(EMF); Global Music Rights, LLC;
National Religious Broadcasters
Noncommercial Music License
Committee (NRBNMLC); David Powell;
Public Broadcasting Entities
(Corporation for Public Broadcasting
(CPB), National Public Radio (NPR), and
Public Broadcasting Service (PBS));
SESAC Performing Rights, LLC
(SESAC); and The Harry Fox Agency
LLC (HFA).
The Judges gave notice to all
participants of the three-month
negotiation period required by 17 U.S.C.
803(b)(3) and directed that, if the
participants were unable to negotiate a
settlement, they should submit Written
Direct Statements no later than
September 10, 2021. Notice of
Participants, Commencement of
Voluntary Negotiation Period, and Case
Scheduling Order (Feb. 9, 2021).
Number of full-time students
Level
Level
Level
Level
1
2
3
4
...
...
...
...
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Jkt 253001
I
$390
451
619
801
defined in section 397 of title 47 and any nonprofit
institution or organization engaged in the activities
PO 00000
Frm 00039
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television,
Rates.
For the reasons set forth in the
preamble, the Copyright Royalty Judges
propose to amend 37 CFR part 381 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), 803.
2. Revise § 381.5(c)(2)(i) to read as
follows:
■
§ 381.5 Performance of musical
compositions by public broadcasting
entities licensed to colleges and
universities.
*
*
*
*
*
(c) * * *
(2) For all such compositions in the
repertory of BMI, the royalty rates shall
be as follows:
(i) Music fees.
2023
<1,000 ......................................................................................................
1,000–4,999 .............................................................................................
5,000–9,999 .............................................................................................
10,000–19,999 .........................................................................................
1 A ‘‘public broadcasting entity’’ is defined as a
‘‘noncommercial educational broadcast station as
petition to participate in the proceeding,
but the National Association of College
and University Business Officers
(NACUBO) and the American Council
on Education (ACE) support BMI’s
proposal. Proposal at 4.
The Proposal states that the fees in
§ 381.5(c)(2)(i) should be modified. See
Id. at 3–4. The modified fees reflect ‘‘an
annual cost-of-living increase based on
CPI, reflecting how increases were
calculated in the joint proposals
submitted by BMI and ACE . . . and by
BMI and NACUBO’’ in prior
proceedings. Id. at 4.
The Judges solicit comments on
whether they should adopt the proposed
regulations as statutory license fees to
be paid by certain public broadcasting
entities, namely, noncommercial
educational radio stations licensed to
colleges or universities that are not
members of NPR, for their performances
of copyrighted musical works in BMI’s
repertory, pursuant to 17 U.S.C. 118.
Comments and objections regarding
the proposed changes must be
submitted no later than July 30, 2021.
There are two ways copyright owners
and public broadcasting entities 1 may
negotiate rates and terms under the
section 118 statutory license. First,
copyright owners may negotiate rates
and terms with specific public
broadcasting entities for the use of all of
the copyright owners’ works covered by
the license. Section 118(b)(2) provides
that such license agreements ‘‘shall be
given effect in lieu of any determination
by the . . . Copyright Royalty Judges,’’
provided that copies of the agreement
are submitted to the Judges ‘‘within 30
days of execution.’’ 17 U.S.C. 118(b)(2).
Second, copyright owners and public
broadcasting entities may negotiate rates
and terms for categories of copyrighted
works and uses that would be binding
on all owners and entities using the
same license and submit them to the
Judges for approval. Section
801(b)(7)(A) of the Copyright Act
authorizes the Judges to adopt rates and
terms negotiated by ‘‘some or all of the
participants in a proceeding at any time
during the proceeding’’ provided they
are submitted to the Judges for approval.
This section provides that the Judges
shall provide notice and an opportunity
to comment on the agreement to (1)
those that would be bound by the terms,
rates, or other determination set by the
agreement and (2) participants in the
proceeding that would be bound by the
terms, rates, or other determination set
by the agreement. See section
801(b)(7)(A). The Judges may decline to
adopt the agreement as a basis for
statutory terms and rates for participants
not party to the agreement if any
participant objects and the Judges
conclude that the agreement does not
provide a reasonable basis for setting
statutory terms or rates. Id.
On May 17, 2021, the Judges received
a proposal from participant BMI
regarding ‘‘statutory license fees to be
paid to BMI by noncommercial
educational radio broadcast stations
licensed to colleges or universities that
are not affiliated with [NPR] for the
performance of copyrighted musical
works in BMI’s repertory’’ for the years
2023 through 2027. Proposal of
Broadcast Music, Inc. of Rates and
Terms for Colleges and Universities at 1
(May 17, 2021) (Proposal). No college
radio station or related entity filed a
Fmt 4702
Sfmt 4702
2024
I
$400
463
635
822
2025
I
$410
475
652
843
2026
I
$421
487
669
865
2027
I
$432
500
686
887
described in paragraph (2) of subsection (c)’’ of
section 118. 17 U.S.C. 118(f).
E:\FR\FM\30JNP1.SGM
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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules
Number of full-time students
Level 5 ...
20,000+ ....................................................................................................
*
*
*
*
*
[FR Doc. 2021–13922 Filed 6–29–21; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 21–CRB–0002–PBR (2023–
2027)]
Determination of Rates and Terms for
Public Broadcasting (PB IV)
Copyright Royalty Board,
Library of Congress.
ACTION: Proposed rule.
AGENCY:
The Copyright Royalty Judges
publish for comment proposed
regulations that set rates and terms for
the use of certain copyrighted works by
public broadcasting entities for the
period beginning January 1, 2023, and
ending December 31, 2027.
DATES: Comments and objections, if any,
are due no later than July 30, 2021.
ADDRESSES: You may send comments,
identified by docket number 21–CRB–
0002–PBR (2023–2027), online through
eCRB at https://app.crb.gov.
Instructions: To send your comment
through eCRB, if you don’t have a user
account, you will first need to register
for an account and wait for your
registration to be approved. Approval of
user accounts is only available during
business hours. Once you have an
approved account, you can only sign in
and file your comment after setting up
multi-factor authentication, which can
be done at any time of day. All
comments must include the Copyright
Royalty Board name and the docket
number for this proposed rule. All
properly filed comments will appear
without change in 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 21–CRB–0002–PBR
(2023–2027).
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist, at
202–707–7658 or crb@loc.gov.
SUMMARY:
VerDate Sep<11>2014
16:55 Jun 29, 2021
1,009
SUPPLEMENTARY INFORMATION:
Dated June 24, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
jbell on DSKJLSW7X2PROD with PROPOSALS
2023
Jkt 253001
Background
Section 118 of the Copyright Act, title
17 of the United States Code, establishes
a statutory license for the use of certain
copyrighted works in connection with
noncommercial television and radio
broadcasting. Chapter 8 of the Copyright
Act requires the Copyright Royalty
Judges (‘‘Judges’’) to conduct
proceedings every five years to
determine the rates and terms for the
section 118 license. 17 U.S.C. 801(b)(1),
804(b)(6). Accordingly, the Judges
commenced a proceeding in January
2021, by publishing notice of the
commencement of the proceeding and a
request that interested parties submit
petitions to participate. 86 FR 325 (Jan.
5, 2021).
The Judges received petitions to
participate in the current proceeding
from The American Society of Authors,
Composers and Publishers (ASCAP);
Broadcast Music, Inc. (BMI); Church
Music Publishers’ Association, Inc.
(CMPA); Educational Media Foundation
(EMF); Global Music Rights, LLC;
National Religious Broadcasters
Noncommercial Music License
Committee (NRBNMLC); David Powell;
Public Broadcasting Entities
(Corporation for Public Broadcasting
(CPB), National Public Radio (NPR), and
Public Broadcasting Service (PBS));
SESAC Performing Rights, LLC
(SESAC); and The Harry Fox Agency
LLC (HFA).
The Judges gave notice to all
participants of the three-month
negotiation period required by 17 U.S.C.
803(b)(3) and directed that, if the
participants were unable to negotiate a
settlement, they should submit Written
Direct Statements no later than
September 10, 2021. Notice of
Participants, Commencement of
Voluntary Negotiation Period, and Case
Scheduling Order (Feb. 9, 2021).
There are two ways copyright owners
and public broadcasting entities 1 may
negotiate rates and terms under the
section 118 statutory license. First,
copyright owners may negotiate rates
and terms with specific public
broadcasting entities for the use of all of
the copyright owners’ works covered by
1 A ‘‘public broadcasting entity’’ is defined as a
‘‘noncommercial educational broadcast station as
defined in section 397 of title 47 and any nonprofit
institution or organization engaged in the activities
described in paragraph (2) of subsection (c)’’ of
section 118. 17 U.S.C. 118(f).
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
2024
1,035
2025
1,062
2026
1,090
2027
1,118
the license. Section 118(b)(2) provides
that such license agreements ‘‘shall be
given effect in lieu of any determination
by the . . . Copyright Royalty Judges,’’
provided that copies of the agreement
are submitted to the Judges ‘‘within 30
days of execution.’’ 17 U.S.C. 118(b)(2).
Second, copyright owners and public
broadcasting entities may negotiate rates
and terms for categories of copyrighted
works and uses that would be binding
on all owners and entities using the
same license and submit them to the
Judges for approval. Section
801(b)(7)(A) of the Copyright Act
authorizes the Judges to adopt rates and
terms negotiated by ‘‘some or all of the
participants in a proceeding at any time
during the proceeding’’ provided they
are submitted to the Judges for approval.
This section provides that the Judges
shall provide notice and an opportunity
to comment on the agreement to (1)
those that would be bound by the terms,
rates, or other determination set by the
agreement and (2) participants in the
proceeding that would be bound by the
terms, rates, or other determination set
by the agreement. See section
801(b)(7)(A). The Judges may decline to
adopt the agreement as a basis for
statutory terms and rates for participants
not party to the agreement if any
participant objects and the Judges
conclude that the agreement does not
provide a reasonable basis for setting
statutory terms or rates. Id.
On June 21, 2021, the Judges received
a joint proposal from participants HFA
and NRBNMLC regarding fees for
recording rights under 37 CFR
381.7(b)(4) for the period 2023–2027.
Joint Proposal . . . Regarding Fees for
Recording Rights Under 37 CFR
381.7(B)(4) (June 21, 2021) (Proposal).
The fees in § 381.7(b)(4) apply to the
‘‘recording of nondramatic
performances and displays of musical
works for the types of uses described in
17 U.S.C. 118(c)(2)–(3) by
noncommercial radio stations other than
uses in a radio program produced by
[NPR] and other than uses subject to
voluntary license agreements.’’ Proposal
at 2. HFA and NRBNMLC filed a
proposal instead of a notice of
settlement because NRBNMLC does not
represent all radio stations subject to the
fees. Id. Participant EMF joins in the
proposal. Id. at 3 n.2.
The Proposal states that the fees in
§ 381.7(b)(4) should be modified. See id.
at 2–3. It also proposes carrying forward
E:\FR\FM\30JNP1.SGM
30JNP1
Agencies
[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Proposed Rules]
[Pages 34674-34676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13922]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 21-CRB-0002-PBR (2023-2027)]
Determination of Rates and Terms for Public Broadcasting (PB IV)
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges publish for comment proposed
regulations that set rates and terms for the use of certain copyrighted
works by certain public broadcasting entities for the period beginning
January 1, 2023, and ending December 31, 2027.
DATES: Comments and objections, if any, are due no later than July 30,
2021.
ADDRESSES: You may send comments, identified by docket number 21-CRB-
0002-PBR (2023-2027), online through eCRB at https://app.crb.gov.
Instructions: To send your comment through eCRB, if you do not have
a user account, you will first need to register for an account and wait
for your registration to be approved. Approval of user accounts is only
available during business hours. Once you have an approved account, you
can only sign in and file your comment after setting up multi-factor
authentication, which can be done at any time of day. All comments must
include the Copyright Royalty Board name and the docket number for this
proposed rule. All properly filed comments will appear without change
in eCRB at https://app.crb.gov, including any personal information
provided.
[[Page 34675]]
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 21-CRB-0002-PBR (2023-2027).
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
at 202-707-7658 or [email protected].
SUPPLEMENTARY INFORMATION:
Background
Section 118 of the Copyright Act, title 17 of the United States
Code, establishes a statutory license for the use of certain
copyrighted works in connection with noncommercial television and radio
broadcasting. Chapter 8 of the Copyright Act requires the Copyright
Royalty Judges (``Judges'') to conduct proceedings every five years to
determine the rates and terms for the section 118 license. 17 U.S.C.
801(b)(1), 804(b)(6). Accordingly, the Judges commenced a proceeding in
January 2021, by publishing notice of the commencement of the
proceeding and a request that interested parties submit petitions to
participate. 86 FR 325 (Jan. 5, 2021).
The Judges received petitions to participate in the current
proceeding from The American Society of Authors, Composers and
Publishers (ASCAP); Broadcast Music, Inc. (BMI); Church Music
Publishers' Association, Inc. (CMPA); Educational Media Foundation
(EMF); Global Music Rights, LLC; National Religious Broadcasters
Noncommercial Music License Committee (NRBNMLC); David Powell; Public
Broadcasting Entities (Corporation for Public Broadcasting (CPB),
National Public Radio (NPR), and Public Broadcasting Service (PBS));
SESAC Performing Rights, LLC (SESAC); and The Harry Fox Agency LLC
(HFA).
The Judges gave notice to all participants of the three-month
negotiation period required by 17 U.S.C. 803(b)(3) and directed that,
if the participants were unable to negotiate a settlement, they should
submit Written Direct Statements no later than September 10, 2021.
Notice of Participants, Commencement of Voluntary Negotiation Period,
and Case Scheduling Order (Feb. 9, 2021).
There are two ways copyright owners and public broadcasting
entities \1\ may negotiate rates and terms under the section 118
statutory license. First, copyright owners may negotiate rates and
terms with specific public broadcasting entities for the use of all of
the copyright owners' works covered by the license. Section 118(b)(2)
provides that such license agreements ``shall be given effect in lieu
of any determination by the . . . Copyright Royalty Judges,'' provided
that copies of the agreement are submitted to the Judges ``within 30
days of execution.'' 17 U.S.C. 118(b)(2).
---------------------------------------------------------------------------
\1\ A ``public broadcasting entity'' is defined as a
``noncommercial educational broadcast station as defined in section
397 of title 47 and any nonprofit institution or organization
engaged in the activities described in paragraph (2) of subsection
(c)'' of section 118. 17 U.S.C. 118(f).
---------------------------------------------------------------------------
Second, copyright owners and public broadcasting entities may
negotiate rates and terms for categories of copyrighted works and uses
that would be binding on all owners and entities using the same license
and submit them to the Judges for approval. Section 801(b)(7)(A) of the
Copyright Act authorizes the Judges to adopt rates and terms negotiated
by ``some or all of the participants in a proceeding at any time during
the proceeding'' provided they are submitted to the Judges for
approval.
This section provides that the Judges shall provide notice and an
opportunity to comment on the agreement to (1) those that would be
bound by the terms, rates, or other determination set by the agreement
and (2) participants in the proceeding that would be bound by the
terms, rates, or other determination set by the agreement. See section
801(b)(7)(A). The Judges may decline to adopt the agreement as a basis
for statutory terms and rates for participants not party to the
agreement if any participant objects and the Judges conclude that the
agreement does not provide a reasonable basis for setting statutory
terms or rates. Id.
On May 17, 2021, the Judges received a proposal from participant
BMI regarding ``statutory license fees to be paid to BMI by
noncommercial educational radio broadcast stations licensed to colleges
or universities that are not affiliated with [NPR] for the performance
of copyrighted musical works in BMI's repertory'' for the years 2023
through 2027. Proposal of Broadcast Music, Inc. of Rates and Terms for
Colleges and Universities at 1 (May 17, 2021) (Proposal). No college
radio station or related entity filed a petition to participate in the
proceeding, but the National Association of College and University
Business Officers (NACUBO) and the American Council on Education (ACE)
support BMI's proposal. Proposal at 4.
The Proposal states that the fees in Sec. 381.5(c)(2)(i) should be
modified. See Id. at 3-4. The modified fees reflect ``an annual cost-
of-living increase based on CPI, reflecting how increases were
calculated in the joint proposals submitted by BMI and ACE . . . and by
BMI and NACUBO'' in prior proceedings. Id. at 4.
The Judges solicit comments on whether they should adopt the
proposed regulations as statutory license fees to be paid by certain
public broadcasting entities, namely, noncommercial educational radio
stations licensed to colleges or universities that are not members of
NPR, for their performances of copyrighted musical works in BMI's
repertory, pursuant to 17 U.S.C. 118.
Comments and objections regarding the proposed changes must be
submitted no later than July 30, 2021.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television, Rates.
For the reasons set forth in the preamble, the Copyright Royalty
Judges propose to amend 37 CFR part 381 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), 803.
0
2. Revise Sec. 381.5(c)(2)(i) to read as follows:
Sec. 381.5 Performance of musical compositions by public
broadcasting entities licensed to colleges and universities.
* * * * *
(c) * * *
(2) For all such compositions in the repertory of BMI, the royalty
rates shall be as follows:
(i) Music fees.
----------------------------------------------------------------------------------------------------------------
Number of full-time students 2023 2024 2025 2026 2027
----------------------------------------------------------------------------------------------------------------
Level 1................... <1,000....................... $390 $400 $410 $421 $432
Level 2................... 1,000-4,999.................. 451 463 475 487 500
Level 3................... 5,000-9,999.................. 619 635 652 669 686
Level 4................... 10,000-19,999................ 801 822 843 865 887
[[Page 34676]]
Level 5................... 20,000+...................... 1,009 1,035 1,062 1,090 1,118
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* * * * *
Dated June 24, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-13922 Filed 6-29-21; 8:45 am]
BILLING CODE 1410-72-P