Adjustment of Cable Statutory License Royalty Rates

Published date04 June 2020
Citation85 FR 34467
Record Number2020-12096
SectionNotices
CourtCopyright Royalty Board,Library Of Congress
Federal Register, Volume 85 Issue 108 (Thursday, June 4, 2020)
[Federal Register Volume 85, Number 108 (Thursday, June 4, 2020)]
                [Notices]
                [Page 34467]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-12096]
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                LIBRARY OF CONGRESS
                Copyright Royalty Board
                [Docket No. 20-CRB-0008-CA (2020-2025)]
                Adjustment of Cable Statutory License Royalty Rates
                AGENCY: Copyright Royalty Board, Library of Congress.
                ACTION: Notice announcing commencement of proceeding with request for
                petitions to participate.
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                SUMMARY: The Copyright Royalty Judges (Judges) announce the
                commencement of a proceeding to adjust the rates for the cable
                statutory license described in section 111 of the Copyright Act. The
                Judges also announce the date by which a party who wishes to
                participate in the proceeding must file its Petition to Participate and
                pay the $150 filing fee.
                DATES: Petitions to Participate and the filing fee are due no later
                than July 6, 2020.
                ADDRESSES: The petition to participate form is available online in
                eCRB, the Copyright Royalty Board's online electronic filing
                application, at https://app.crb.gov/.
                 Instructions: The petition to participate process has been
                simplified. Interested parties file a petition to participate by
                filling out the petition to participate form in eCRB and paying the fee
                in eCRB. Do not upload a petition to participate document.
                 Docket: For access to the docket to read submitted documents, go to
                eCRB, the Copyright Royalty Board's electronic filing and case
                management system, at https://app.crb.gov/, and search for docket
                number 20-CRB-0008-CA.
                FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
                by telephone at (202) 707-7658, or by email at [email protected].
                SUPPLEMENTARY INFORMATION:
                Background
                 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
                royalty payments and statements of account detailing their
                retransmissions semiannually to the Copyright Office. 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). See 37 CFR 387.
                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 based
                on their gross receipts (small, medium, and large). 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) and (b). No
                person with a significant interest has filed a petition to initiate a
                proceeding in 2020.\1\ The Judges must, therefore, publish notice in
                the Federal Register announcing the commencement of a proceeding and
                calling for Petitions to Participate. See 17 U.S.C. 803(b)(1).
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                 \1\ With respect to the rates for the 2015-2019 period, the
                Judges adopted a settlement proposed by the participants to leave
                the then-current rates unchanged. 81 FR 62813, 62814 (Sept. 13,
                2016).
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                Petitions To Participate
                 Parties filing Petitions to Participate must use the form in eCRB
                instead of uploading a document and must comply with the requirements
                of Sec. 351.1(b) of the Copyright Royalty Board's regulations. 37 CFR
                351.1(b).
                 Dated: June 1, 2020.
                Jesse M. Feder,
                Chief Copyright Royalty Judge.
                [FR Doc. 2020-12096 Filed 6-3-20; 8:45 am]
                 BILLING CODE 1410-72-P
                

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