Adjustment of Cable Statutory License Royalty Rates, 72845-72846 [2021-27913]

Download as PDF Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations has determined that Executive Orders 13563 and 12866 do not apply to this final rulemaking. LIBRARY OF CONGRESS VII. Paperwork Reduction Act (PRA) Notices There is no collection of information requirement in this final rule. 37 CFR Part 387 Copyright Royalty Board VIII. Unfunded Mandates Act of 1995 Statement Section 202 of the Unfunded Mandates Reform Act of 1995, 12 U.S.C. 1532, Public Law 104–4 (March 22, 1995) (Unfunded Mandates Act), requires that an agency prepare a budgetary impact statement before promulgating a rule that may result in expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, Section 202 of the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. FinCEN has determined that no portion of this final rule will result in expenditures by State, local, and tribal governments, or by the private sector, of $100 million or more in any one year. Accordingly, this final rule is not subject to section 202 of the Unfunded Mandates Act. List of Subjects in 31 CFR Part 1010 Administrative practice and procedure, Banks, Banking, Brokers, Currency, Foreign banking, Foreign currencies, Gambling, Investigations, Penalties, Reporting and recordkeeping requirements, Securities, Terrorism. Amendments to the Regulations For the reasons set forth above in the preamble, 31 CFR part 1010 is amended as follows: PART 1010—GENERAL PROVISIONS 1. The authority citation for part 1010 is revised to read as follows: ■ Authority: 12 U.S.C. 1829b and 1951–1960; 31 U.S.C. 5311–5314 and 5316–5336; title III, sec. 314, Pub. L. 107–56, 115 Stat. 307; sec. 701, Pub. L. 114–74, 129 Stat. 599. § 1010.820 [Amended] 2. Section 1010.820 is amended as follows: ■ a. Remove paragraph (g); and ■ b. Redesignate paragraphs (h) and (i) as paragraphs (g) and (h). jspears on DSK121TN23PROD with RULES1 ■ Himamauli Das, Acting Director, Financial Crimes Enforcement Network. [FR Doc. 2021–27623 Filed 12–22–21; 8:45 am] BILLING CODE 4810–02–P VerDate Sep<11>2014 19:16 Dec 22, 2021 Jkt 256001 [Docket No. 20–CRB–0008–CA (2020–2024)] Adjustment of Cable Statutory License Royalty Rates Copyright Royalty Board, Library of Congress. ACTION: Final determination. AGENCY: The Copyright Royalty Judges published for comment a proposed settlement governing royalty rates and terms for the retransmission of over-theair television and radio broadcast stations by cable television systems to their subscribers. Having received no comments, the Judges adopt the existing rates and terms as proposed by the settlement. DATES: The rates are applicable to the period beginning January 1, 2020, and ending December 31, 2024. ADDRESSES: Docket: For access to the docket to read background documents, 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, (202) 707–7658, 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 2020–2024 2 period. As a result, the Participating Parties requested 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); 3 and (2) the gross receipts SUMMARY: 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 period of years for the rates has been misstated as 2020–2025 in filings in this docket. The five-year period starting in 2020 ends in 2024, not 2025. The Judges have adjusted the docket number to reflect the correct span. 3 The Judges assume that the Participating Parties’ reference to 37 CFR 256.2(c) & (d), which was a PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 72845 limitations set forth in 17 U.S.C. 111(d)(1)(E)–(F). Joint Notice at 2. Section 111 of the Copyright Act grants a statutory copyright license to cable television systems for the 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).4 In response to that Notice and Order, on January 26, 2021, the Participating Parties submitted a Joint Notice of Settlement of Participating Parties Copyright Office regulation relating to the Judges’ predecessor, was intended to refer to paragraphs (c)–(d) of 37 CFR 387.2, 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). 4 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). E:\FR\FM\23DER1.SGM 23DER1 72846 Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations notifying 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 2020–2024 period.5 They requested 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 provide a reasonable basis for setting statutory rates or terms, or the Judges find the negotiated rates and terms are contrary to law, the Judges adopt the negotiated rates and terms. 17 U.S.C. 801(b)(7)(A). On February 4, 2021, the Judges published the proposed settlement in the Federal Register and requested comments from interested parties pursuant to 17 U.S.C. 801(b)(7)(A). 86 FR 8222 (Feb. 4, 2021). The Judges received no comments. Therefore, the Judges adopt the existing rates and terms in 37 CFR 387.2 (c) and (d) for the 2020–2024 rate period and close the proceeding. The Judges hereby give notice that the adopted rates and terms and gross receipts limitations will continue to be binding on all cable systems that retransmit 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 2020–2024. Dated: December 9, 2021. Suzanne M. Barnett, Chief Copyright Royalty Judge. Approved: Carla D. Hayden, Librarian of Congress. jspears on DSK121TN23PROD with RULES1 BILLING CODE 1410–72–P 5 As with other filings in this docket, the Joint Notice of Settlement of Participating Parties addressed the 2020–2025 period. As indicated supra, this final action corrects the prior misstated dates and addresses a narrower period beginning January 1, 2020, and ending December 31, 2024. 19:16 Dec 22, 2021 Jkt 256001 40 CFR Part 180 [EPA–HQ–OPP–2019–0542; FRL–9199–01– OCSPP] Bicyclopyrone; Pesticide Tolerances Environmental Protection Agency (EPA). AGENCY: ACTION: Final rule. This regulation establishes tolerances for residues of bicyclopyrone in or on the fresh and dried forms of lemongrass, rosemary, and wormwood. Syngenta Crop Protection, LLC., requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). SUMMARY: This regulation is effective December 23, 2021. Objections and requests for hearings must be received on or before February 22, 2022 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). DATES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2019–0542, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// www.epa.gov/dockets. ADDRESSES: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–27913 Filed 12–22–21; 8:45 am] VerDate Sep<11>2014 ENVIRONMENTAL PROTECTION AGENCY Marietta Echeverria, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ current/title-40. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2019–0542 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before February 22, 2022. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2019–0542, by one of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting E:\FR\FM\23DER1.SGM 23DER1

Agencies

[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72845-72846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27913]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 387

[Docket No. 20-CRB-0008-CA (2020-2024)]


Adjustment of Cable Statutory License Royalty Rates

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final determination.

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SUMMARY: The Copyright Royalty Judges published for comment a proposed 
settlement governing royalty rates and terms for the retransmission of 
over-the-air television and radio broadcast stations by cable 
television systems to their subscribers. Having received no comments, 
the Judges adopt the existing rates and terms as proposed by the 
settlement.

DATES: The rates are applicable to the period beginning January 1, 
2020, and ending December 31, 2024.

ADDRESSES: Docket: For access to the docket to read background 
documents, 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, (202) 707-7658, 
[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 2020-2024 \2\ period. As a result, the Participating Parties 
requested 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); \3\ and (2) the gross receipts 
limitations set forth in 17 U.S.C. 111(d)(1)(E)-(F). Joint Notice at 2. 
Section 111 of the Copyright Act grants a statutory copyright license 
to cable television systems for the 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).
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    \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 period of years for the rates has been misstated as 
2020-2025 in filings in this docket. The five-year period starting 
in 2020 ends in 2024, not 2025. The Judges have adjusted the docket 
number to reflect the correct span.
    \3\ 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, was intended to refer to 
paragraphs (c)-(d) of 37 CFR 387.2, 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).
---------------------------------------------------------------------------

    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).\4\ 
In response to that Notice and Order, on January 26, 2021, the 
Participating Parties submitted a Joint Notice of Settlement of 
Participating Parties

[[Page 72846]]

notifying 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 2020-2024 
period.\5\ They requested that the Judges terminate this proceeding 
without making any changes in the applicable royalty rates and gross 
receipts limitations.
---------------------------------------------------------------------------

    \4\ 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).
    \5\ As with other filings in this docket, the Joint Notice of 
Settlement of Participating Parties addressed the 2020-2025 period. 
As indicated supra, this final action corrects the prior misstated 
dates and addresses a narrower period beginning January 1, 2020, and 
ending December 31, 2024.
---------------------------------------------------------------------------

    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, or 
the Judges find the negotiated rates and terms are contrary to law, the 
Judges adopt the negotiated rates and terms. 17 U.S.C. 801(b)(7)(A).
    On February 4, 2021, the Judges published the proposed settlement 
in the Federal Register and requested comments from interested parties 
pursuant to 17 U.S.C. 801(b)(7)(A). 86 FR 8222 (Feb. 4, 2021). The 
Judges received no comments. Therefore, the Judges adopt the existing 
rates and terms in 37 CFR 387.2 (c) and (d) for the 2020-2024 rate 
period and close the proceeding. The Judges hereby give notice that the 
adopted rates and terms and gross receipts limitations will continue to 
be binding on all cable systems that retransmit 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 2020-2024.

    Dated: December 9, 2021.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.

    Approved:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021-27913 Filed 12-22-21; 8:45 am]
BILLING CODE 1410-72-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES]
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