Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates, 67328-67329 [2021-25719]

Download as PDF 67328 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Rules and Regulations Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). G. Protest Activities D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. jspears on DSK121TN23PROD with RULES1 E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast VerDate Sep<11>2014 16:31 Nov 24, 2021 Jkt 256001 Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. It is categorically excluded from further review under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 1. A record of environmental consideration is not needed but will be included into the docket if it becomes necessary. The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. (2) To seek permission to enter, contact the COTP or the COTP’s representative via VHF–FM channel 16 or by telephone at 314–269–2332. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (c) Enforcement period. This section will be enforced from December 1, 2021, through January 1, 2022. (d) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts, as appropriate. Dated: November 19, 2021. R.S. Rhodes, Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi River. [FR Doc. 2021–25766 Filed 11–24–21; 8:45 am] BILLING CODE 9110–04–P List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: LIBRARY OF CONGRESS PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates 1. The authority citation for part 165 continues to read as follows: AGENCY: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2. 2. Add § 165.T08–0855 to read as follows: ■ § 165.T08–0855 Safety Zone; Lower Mississippi River, Mile Markers 595–597, Waxhaw, MS. (a) Location. The following area is a safety zone: All navigable waters of the Lower Mississippi River from Mile Marker (MM) 595 through MM 597. (b) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the Captain of the Port Sector Lower Mississippi River (COTP) or the COTP’s designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) assigned to units under the operational control of USCG Sector Lower Mississippi River. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 Copyright Royalty Board 37 CFR Part 386 [Docket No. 21–CRB–0012–SA–COLA (2022)] Copyright Royalty Board (CRB), Library of Congress. ACTION: Final rule; cost of living adjustment. The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 6.2% 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 2020 to October 2021. DATES: Effective date: January 1, 2022. Applicability dates: These rates are applicable to the period January 1, 2022, through December 31, 2022. FOR FURTHER INFORMATION CONTACT: Anita Blaine, (202) 707–7658, crb@ loc.gov. SUMMARY: 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\26NOR1.SGM 26NOR1 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Rules and Regulations 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, 2020, to the most recent index published before December 1, 2021, is 6.2%.3 Application of the 6.2% 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 a rate of 32 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(1). Application of the 6.2% COLA to the current rate for viewing in commercial establishments—61 cents per subscriber per month—results in a rate of 65 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 Final Regulations jspears on DSK121TN23PROD with RULES1 In consideration of the foregoing, the Judges amend part 386 of title 37 of the Code of Federal Regulations as follows: 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, section 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 10, 2021, the Bureau of Labor Statistics announced that the CPI–U increased 6.2% over the last 12 months. 16:31 Nov 24, 2021 Jkt 256001 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)(xiii) and (b)(2)(xiii) to read as follows: ■ § 386.2 Royalty fee for secondary transmission by satellite carriers. * * * * * (b) * * * (1) * * * (xiii) 2022: 32 cents per subscriber per month. (2) * * * (xiii) 2022: 65 cents per subscriber per month. Dated: November 19, 2021. Steve Ruwe, Copyright Royalty Judge. [FR Doc. 2021–25719 Filed 11–24–21; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2021–0260; FRL–8644–01– R9] Partial Approval and Partial Disapproval of Air Quality Implementation Plans; California; San Joaquin Valley Serious Area and Section 189(d) Plan for Attainment of the 1997 Annual PM2.5 NAAQS Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve in part and disapprove in part portions of state implementation plan (SIP) revisions submitted by California to address Clean Air Act (CAA or ‘‘Act’’) requirements for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ‘‘standards’’) in the San Joaquin Valley PM2.5 nonattainment area. Specifically, the EPA is approving the 2013 base year emissions inventories in the submitted SIP revision. The EPA is disapproving the attainment demonstration and related elements, including the comprehensive precursor demonstration, five percent annual emissions reductions demonstration, best available control measures (BACM) demonstration, reasonable further SUMMARY: Copyright, Satellite, Television. VerDate Sep<11>2014 PART 386—ADJUSTMENT OF ROYALTY FEES FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 67329 progress (RFP) demonstration, quantitative milestones, and contingency measures. The EPA is also disapproving the motor vehicle emissions budgets in the plan as not meeting the requirements of the CAA and EPA regulations. DATES: This rule is effective on December 27, 2021. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2021–0260. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Ashley Graham, Air Planning Office (ARD–2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 972–3877, or by email at graham.ashleyr@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Summary of Proposed Rule II. Public Comments and EPA Responses A. Comments From SJVUAPCD B. Comments From Earthjustice C. Comments From a Private Citizen III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Summary of Proposed Rule On July 22, 2021, the EPA proposed to approve in part and disapprove in part portions of SIP revisions submitted by the California Air Resources Board (CARB) to meet CAA requirements for the 1997 annual PM2.5 NAAQS in the San Joaquin Valley PM2.5 nonattainment area.1 The SIP revisions on which we proposed action are those portions of the ‘‘2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards’’ (‘‘2018 PM2.5 1 86 FR 38652. E:\FR\FM\26NOR1.SGM 26NOR1

Agencies

[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Rules and Regulations]
[Pages 67328-67329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25719]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 386

[Docket No. 21-CRB-0012-SA-COLA (2022)]


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 6.2% 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 2020 to October 
2021.

DATES: 
    Effective date: January 1, 2022.
    Applicability dates: These rates are applicable to the period 
January 1, 2022, through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Anita Blaine, (202) 707-7658, 
[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

[[Page 67329]]

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, section 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, 
2020, to the most recent index published before December 1, 2021, is 
6.2%.\3\ Application of the 6.2% 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 a 
rate of 32 cents per subscriber per month (rounded to the nearest 
cent). See 37 CFR 386.2(b)(1). Application of the 6.2% COLA to the 
current rate for viewing in commercial establishments--61 cents per 
subscriber per month--results in a rate of 65 cents per subscriber per 
month (rounded to the nearest cent). See 37 CFR 386.2(b)(2).
---------------------------------------------------------------------------

    \3\ On November 10, 2021, the Bureau of Labor Statistics 
announced that the CPI-U increased 6.2% 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)(xiii) and 
(b)(2)(xiii) to read as follows:


Sec.  386.2  Royalty fee for secondary transmission by satellite 
carriers.

* * * * *
    (b) * * *
    (1) * * *
    (xiii) 2022: 32 cents per subscriber per month.
    (2) * * *
    (xiii) 2022: 65 cents per subscriber per month.

    Dated: November 19, 2021.
Steve Ruwe,
Copyright Royalty Judge.
[FR Doc. 2021-25719 Filed 11-24-21; 8:45 am]
BILLING CODE 1410-72-P
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