Determination of Rates and Terms for Public Broadcasting (PB IV), 34676-34677 [2021-13923]

Download as PDF 34676 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 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules unchanged (except to replace ‘‘January 1, 2018’’ with ‘‘January 1, 2023’’ and ‘‘December 31, 2022’’ with ‘‘December 31, 2027’’) current provisions set forth in §§ 381.1, 381.2, 381.9, and 381.11. Id. The Judges solicit comments on whether they should adopt the proposed regulations as statutory rates and terms relating to the reproduction, distribution, performance or display of certain works by public broadcasting entities (as defined in 17 U.S.C. 118(f)) in the course of the activities described in 17 U.S.C. 118(c). 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 1. The authority citation for part 381 continues to read as follows: ■ Authority: 17 U.S.C. 118, 801(b)(1), 803. ■ 2. Revise § 381.1 to read as follows: § 381.1 General. This part establishes terms and rates of royalty payments for certain activities using published nondramatic musical works and published pictorial, graphic and sculptural works during a period beginning on January 1, 2023, and ending on December 31, 2027. Upon compliance with 17 U.S.C. 118, and the terms and rates of this part, a public broadcasting entity may engage in the activities with respect to such works set forth in 17 U.S.C. 118(c). ■ 3. Revise § 381.7(b)(4) to read as follows: § 381.7 Recording rights, rates and terms. * * * * * (b) * * * (4) For such uses other than in an NPR-produced radio program: jbell on DSKJLSW7X2PROD with PROPOSALS 2023–2027 (i) Feature ................................... (ii) Feature (concert) (per half hour) ....................................... (iii) Background ......................... * * * * * Dated June 24, 2021. Jesse M. Feder, Chief Copyright Royalty Judge. [FR Doc. 2021–13923 Filed 6–29–21; 8:45 am] BILLING CODE 1410–72–P VerDate Sep<11>2014 17:32 Jun 29, 2021 Jkt 253001 $ .83 1.72 .42 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA–R07–OAR–2021–0416; FRL–10025– 54–Region 7] Air Plan Approval; Missouri; Revision to Emission Data, Emission Fees and Process Information Rule Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) and Operating Permits Program revision submitted by the State of Missouri on May 25, 2021. These revisions update the listed emission reporting years and update the emissions fee for permitted sources as set by Missouri Statute from $48 per ton of air pollution emitted annually to $53 in calendar year 2021 and $55 per ton of air pollution emitted annually for emissions in calendar year 2022 and beyond; effective March 30, 2021. DATES: Comments must be received on or before July 30, 2021. ADDRESSES: You may send comments, identified by Docket ID No. EPA–R07– OAR–2021–0416 to https:// www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received will be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the ‘‘Written Comments’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Jason Heitman, Environmental Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551–7664; email address: heitman.jason@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. SUMMARY: Table of Contents I. Written Comments II. Background III. What is being addressed in this document? IV. Have the requirements for approval of a SIP and part 70 revision been met? V. What action is the EPA proposing to take? VI. Incorporation by reference VII. Statutory and Executive Order Reviews PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 34677 I. Written Comments Submit your comments, identified by Docket ID No. EPA–R07–OAR–2021– 0416, at https://www.regulations.gov. Once submitted, comments cannot be edited or removed from regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. II. Background The EPA granted full approval of the Missouri Operating Permit Program effective June 13, 1997 (see 62 FR 26405). Under title 40 Code of Federal Regulations (CFR) 70.9(a) and (b), an approved state’s title V operating permits program must require that the owners or operators of part 70 sources pay annual fees, or the equivalent over some other period, that are sufficient to cover the permit program costs and ensure that any fee required under 40 CFR 70.9 is used solely for permit program costs. The fee schedule must result in the collection and retention of revenues sufficient to cover the permit program implementation and oversight costs. Missouri has determined that fee adjustments are needed to offset the effect of declining revenues and to maintain the solvency of the Missouri Air Pollution Control Program. III. What is being addressed in this document? The EPA is proposing to approve revisions to the Missouri State Implementation Plan (SIP) and title V Operating Permits Program, 10–6.110 ‘‘Reporting Emission Data, Emission Fees, and Process Information,’’ submitted to the EPA on May 25, 2021. Revisions to the program include updating emission reporting years and E:\FR\FM\30JNP1.SGM 30JNP1

Agencies

[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Proposed Rules]
[Pages 34676-34677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13923]


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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 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 [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 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 Sec.  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 Sec.  381.7(b)(4) should be 
modified. See id. at 2-3. It also proposes carrying forward

[[Page 34677]]

unchanged (except to replace ``January 1, 2018'' with ``January 1, 
2023'' and ``December 31, 2022'' with ``December 31, 2027'') current 
provisions set forth in Sec. Sec.  381.1, 381.2, 381.9, and 381.11. Id.
    The Judges solicit comments on whether they should adopt the 
proposed regulations as statutory rates and terms relating to the 
reproduction, distribution, performance or display of certain works by 
public broadcasting entities (as defined in 17 U.S.C. 118(f)) in the 
course of the activities described in 17 U.S.C. 118(c).
    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.  381.1 to read as follows:


Sec.  381.1  General.

    This part establishes terms and rates of royalty payments for 
certain activities using published nondramatic musical works and 
published pictorial, graphic and sculptural works during a period 
beginning on January 1, 2023, and ending on December 31, 2027. Upon 
compliance with 17 U.S.C. 118, and the terms and rates of this part, a 
public broadcasting entity may engage in the activities with respect to 
such works set forth in 17 U.S.C. 118(c).
0
3. Revise Sec.  381.7(b)(4) to read as follows:


Sec.  381.7  Recording rights, rates and terms.

* * * * *
    (b) * * *
    (4) For such uses other than in an NPR-produced radio program:

 
                                                               2023-2027
 
(i) Feature.................................................       $ .83
(ii) Feature (concert) (per half hour)......................        1.72
(iii) Background............................................         .42
 

* * * * *

    Dated June 24, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-13923 Filed 6-29-21; 8:45 am]
BILLING CODE 1410-72-P