Federal Register - February 4, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
Board name and the docket number for this proceeding. All comments received will be posted without change to eCRB
at https app.crb.gov, including any personal information provided.
Docket: For access to the docket to read background documents or comments received, go to eCRB at https app.crb.gov and perform a case search for docket 20CRB0008CA.
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, Program Specialist, by telephone at 202 7077658, or by email at crb@loc.gov.
SUPPLEMENTARY INFORMATION: On January 26, 2021, the Copyright Royalty Judges Judges received a Joint Notice of Settlement of Participating Parties 1
informing the Judges that they have agreed not to seek a quinquennial adjustment in the existing Section 111
royalty rates or gross receipts limitations pursuant to 17 U.S.C. 804b1AB
for the 20202025 period. As a result, the Participating Parties request that the Judges terminate this proceeding without making any changes in 1 the royalty rates currently set forth in 17
U.S.C. 111d1B and 37 CFR
256.2cd; 2 and 2 the gross receipts limitations set forth in 17 U.S.C.
111d1EF. Joint Notice at 2. The Judges hereby publish the proposed settlement and request comments from interested parties as required by 17
U.S.C. 801b7A.
Section 111 of the Copyright Act grants a statutory copyright license to cable television systems for the distant retransmission of over-the-air television and radio broadcast stations to their subscribers. 17 U.S.C. 111c. 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. 111d1.
The Copyright Office deposits the royalties into the United States Treasury for later distribution to copyright 1 The Participating Parties are American Society of Composers, Authors and Publishers, Broadcast Music, Inc., Canadian Claimants Group by Canadian Broadcasting Corporation, Devotional Claimants Crystal Cathedral Ministries, et al., Global Music Rights, LLC, Joint Sports Claimants, Motion Picture Association, Commercial Television Claimants through the National Association of Broadcasters, NPR Claimants through National Public Radio, Inc., NCTAThe Internet &
Television Association, Public Television Claimants through Public Broadcasting Service, and SESAC
Performing Rights, LLC.
2 The Judges assume that the Participating Parties reference to 37 CFR 256.2c & d, which was a Copyright Office regulation relating to the Judges predecessor, is intended to refer to paragraphs c d of 37 CFR 387, which the Judges adopted at the conclusion of the last cable rate proceeding. See 81
FR 62812 Sept. 13, 2016 and 81 FR 2452324
Apr. 26, 2016.
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owners of the broadcast programming that the cable systems retransmit. 17
U.S.C. 111d2.
A cable system calculates its royalty payments in accordance with the statutory formula described in 17 U.S.C.
111d1. Royalty rates are based upon a cable systems 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.
111d1B through F. Both the applicable rates and the tiers are subject to adjustment. 17 U.S.C. 801b2.
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.
804ab. No person with a significant interest filed a petition to initiate a proceeding in 2020. Therefore, the Judges initiated a rate adjustment proceeding by publishing a notice and request for petitions to participate in the Federal Register. 85 FR 34467 June 4, 2020. The Judges accepted the petitions to participate of each of the Participating Parties and commenced a Voluntary Negotiation Period VNP.
Notice of Participants, Commencement of Voluntary Negotiation Period, and Scheduling Order Oct. 20, 2020.3 In response to that Notice and Order, the Participating Parties have notified the Judges that they have agreed not to seek a quinquennial adjustment in the existing Section 111 royalty rates or gross receipts limitations pursuant to 17
U.S.C. 804b1AB for the 2020
2025 period. They request that the Judges terminate this proceeding without making any changes in the applicable royalty rates and gross receipts limitations.
Section 801b7A allows for the adoption of rates and terms negotiated by some or all of the participants in a proceeding at any time during the proceeding provided the parties submit the negotiated rates and terms to the Judges for approval. That provision directs the Judges to provide those who would be bound by the negotiated rates and terms an opportunity to comment on the agreement. Unless a participant in a proceeding objects and the Judges conclude that the agreement does not 3 The Judges also received a petition to participate from Circle God Network Inc. through David Powell, which the Judges concluded failed to state why it believed it had a significant interest in the proceeding. The Judges subsequently rejected Mr.
Powells petition to participate, Order Rejecting David Powells 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.
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provide a reasonable basis for setting statutory rates or terms, the Judges adopt the negotiated rates and terms. 17
U.S.C. 801b7A.
If the Judges adopt the proposed rates and terms pursuant to this provision for the 20202025 rate period, the adopted and thus, existing rates and terms and gross receipts limitations will continue to be binding on all cable systems that retransmit distantly over-the-air television and radio broadcast stations to their subscribers and on all copyright owners of the broadcast programming that the cable systems retransmit during the license period 20202025.
Interested parties may comment and Participating Parties may object to the proposed settlement referenced in this notice. See 17 U.S.C. 801b7A. Such comments and objections, if any, must be submitted no later than February 25, 2021.
Dated: January 29, 2021.
Jesse M. Feder, Chief Copyright Royalty Judge.
FR Doc. 202102270 Filed 2321; 8:45 am BILLING CODE 141072P
OFFICE OF MANAGEMENT AND
BUDGET
Revisions of Rescissions Proposals Pursuant to the Congressional Budget and Impoundment Control Act of 1974
Executive Office of the President, Office of Management and Budget.
AGENCY:
Notice of revisions to rescissions proposed pursuant to the Congressional Budget and Impoundment Control Act of 1974.
ACTION:
Pursuant to section 1014d of the Congressional Budget and Impoundment Control Act of 1974, OMB is issuing a supplementary special message from the President in regard to the rescissions proposals that were previously transmitted to the Congress on January 14, 2021 under section 1012a of that Act. The supplementary special message was transmitted to the Congress on January 31, 2021. The supplementary special message reports the withdrawal of all 73 proposals.
SUMMARY:
The Congress was notified on January 31, 2021.
DATES:
This supplementary special message is available on-line on the OMB
website at: https www.whitehouse.gov/
ADDRESSES:
E:FRFM04FEN1.SGM
04FEN1