[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Proposed Rules]
[Pages 24662-24667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9927]
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 2011-2 CRB NCEB II]
Determination of Reasonable Rates and Terms for Noncommercial
Broadcasting
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Proposed rule.
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SUMMARY: The Copyright Royalty Judges are publishing for comment
proposed rates and terms for use of certain works in connection with
noncommercial broadcasting for the period commencing January 1, 2013,
and ending on December 31, 2017.
DATES: Comments and objections, if any, are due no later than May 25,
2012.
ADDRESSES: Comments and objections may be sent electronically to
crb@loc.gov. In the alternative, send an original, five copies and an
electronic copy on a CD either by mail or by hand delivery. Please do
not use multiple means of transmission. Comments and objections may not
be delivered by an overnight delivery service other than the U.S.
Postal Service Express Mail. If by mail (including overnight delivery),
comments and objections must be addressed to: Copyright Royalty Board,
P.O. Box. 70977, Washington, DC 20024-0977. If hand delivered by a
private party, comments and objections must be brought to the Copyright
Office, Public Information Office, Library of Congress, James Madison
Memorial Building, Room LM-401, 101 Independence Avenue SE.,
Washington, DC 20559-6000, between 8:30 a.m. and 5 p.m. If delivered by
a commercial courier, comments and objections must be delivered between
8:30 a.m. and 4 p.m. to the Congressional Courier Acceptance Site
located at 2nd and D Street NE., Washington, DC, and the envelope must
be addressed to: Copyright Royalty Board, Library of Congress, James
Madison Memorial Building, Room LM-403, 101 Independence Avenue SE.,
Washington, DC 20559-6000.
[[Page 24663]]
FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by
telephone: (202) 707-7658 or email at crb@loc.gov.
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.\1\ 17 U.S.C.
801(b)(1), 804(b)(6). In accordance with section 804(b)(6), the Judges
commenced the proceeding to set rates and terms for the period 2008-
2012 on January 9, 2006, 71 FR 1453, and published final regulations
setting those rates and terms on November 30, 2007. 72 FR 67646.
Therefore, the next proceeding to determine the rates and terms for the
section 118 license was to be commenced in January 2011 for the period
2013-2017. 17 U.S.C. 804(b)(6).
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\1\ Prior to the enactment of the Copyright Royalty and
Distribution Reform Act of 2004, which established the Copyright
Royalty Judges, rates and terms for the section 118 statutory
license were set under the Copyright Arbitration Royalty Panel
system, which was administered by the Librarian of Congress.
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Accordingly, the Judges published in the Federal Register a notice
commencing the proceeding to determine the rates and terms for the
2013-2017 period and requesting interested parties to submit their
petitions to participate. 76 FR 591 (January 5, 2011). Petitions to
Participate were received from: The American Society of Authors,
Composers and Publishers (``ASCAP''); SESAC, Inc.; Broadcast Music,
Inc. (``BMI''); Educational Media Foundation (``EMF''); Music Reports,
Inc.; National Public Radio, the Public Broadcasting Service, and
noncommercial radio and television stations eligible to receive funding
from the Corporation for Public Broadcasting jointly (``NPR/PBS/CPB'');
National Religious Broadcasters Noncommercial Music License Committee
(``NRBNMLC''); the Church Music Publishers' Association; the National
Music Publishers' Association, Inc. and the Harry Fox Agency, jointly
(``NMPA/HFA''); the Catholic Radio Association (``CRA''); and the
American Council on Education (``ACE''). The Judges set the timetable
for the three-month negotiation period, see 17 U.S.C. 803(b)(3), and
directed the participants to submit their written direct statements no
later than October 31, 2011. In response to the October 31 deadline,
the Judges received written direct statements from CRA, BMI, ASCAP, and
Music Reports, Inc.\2\ as well as several notifications of settlement
and proposed rates and terms for the Copyright Royalty Judges to adopt.
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\2\ Pursuant to 17 U.S.C. 803(b)(6)(C)(x), the Judges set the
60-day discovery period to run from November 30, 2011, through
January 30, 2012. During the discovery period, Music Reports, Inc.,
and CRA each withdrew from the proceeding on December 13, 2011, and
January 27, 2012, respectively. CRA also requested that the Judges
vacate their Order dated January 20, 2012, compelling CRA to produce
certain discovery; the Judges deny this request as moot, given CRA's
withdrawal from the proceeding.
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There are two ways that copyright owners and public broadcasting
entities \3\ 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). The Judges received several
agreements in this category for which no further action is required.
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\3\ 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).
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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 and submit them to the
Judges for approval. Section 801(b)(7)(A) provides that in such event:
(i) The Copyright Royalty Judges shall provide those that would
be bound by the terms, rates, or other determination set by any
agreement in a proceeding to determine royalty rates an opportunity
to comment on the agreement and shall provide to participants in the
proceeding under section 803(b)(2) that would be bound by the terms,
rates, or other determination set by the agreement to comment on the
agreement and object to its adoption as a basis for statutory terms
and rates; and
(ii) the Copyright Royalty Judges may decline to adopt the
agreement as a basis for statutory terms and rates for participants
that are not parties to the agreement, if any participant described
in clause (i) objects to the agreement and the Copyright Royalty
Judges conclude, based on the record before them if one exists, that
the agreement does not provide a reasonable basis for setting
statutory terms and rates.
17 U.S.C. 801(b)(7)(A). The Judges received seven proposals within this
category from the following participants: (1) SESAC and ACE; (2) BMI
and ACE; (3) ASCAP and ACE; (4) NMPA/HFA and NRBNMLC; (5) SESAC and
NRBNMLC, (6) ASCAP and NRBNMLC; and (7) BMI and NRBNMLC.\4\
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\4\ On October 31, 2011, EMF notified the Judges that as a
member of NRBNMLC it was a party to each of the joint proposals
involving NRBNMLC.
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ACE Joint Proposals
The joint proposals entered into by ACE and each of SESAC, BMI, and
ASCAP propose to modify the royalty rates set forth in Sec. 381.5. The
rates proposed in the ASCAP/ACE and BMI/ACE submissions reflect a
change in both the fees and the fee structure, going from a flat rate
to tiered rates primarily based on the number of full-time students
enrolled in the educational entity operating the station, with an
exception that looks to the college radio station's authorized
effective radiation power (``ERP'') as set forth in its current FCC
license. ASCAP/ACE Joint Proposal at 4; BMI/ACE Joint Proposal at 4.
Moreover, the proposed rates for ASCAP and BMI eliminate the need for
the historic annual Consumer Price Index adjustments, as the proposed
rates increase at the rate of two percent per year. Id. at 5.
The SESAC/ACE submission retains a flat rate which is then
adjusted, starting in 2014, by the change in the Consumer Price Index
or two percent, whichever is greater. SESAC/ACE Joint Proposal at 2.\5\
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\5\ The proposed elimination of the CPI adjustments for ASCAP
and BMI necessitated a change to Sec. 381.10. However, no proposed
language was provided with the initial proposals. Consequently, the
Judges issued an order requesting proposed language to Sec. 381.10,
and the parties provided the same. See Order Regarding Submission of
Settlement Proposals, Docket No. 2011-3 CRB NCEB II (February 2,
2012). See also Joint Submission of American Council on Education,
the American Society of Composers, Authors and Publishers, Broadcast
Music, Inc., and SESAC, Inc. (filed March 16, 2012).
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Each joint proposal proposes to require that each annual payment of
the royalty rate be accompanied by a declaration stating the number of
full-time students enrolled in the educational entity operating the
station and/or the ERP as specified in the entity's current FCC
license. See proposed Sec. 381.5(d).
NRBNMLC Joint Proposals
The joint proposals entered into by NRBNMLC and each of NMPA/HFA,
ASCAP, BMI, and SESAC propose carrying forward unchanged the current
provisions set forth in Sec. Sec. 381.1 (except
[[Page 24664]]
to replace ``2008'' with ``2013'' and ``2012'' with ``2017''), 381.2,
381.9, and 381.11.
The joint proposal between NMPA/HFA and NRBNMLC stated that the
rates in Sec. 381.7(b)(4) should remain the same as those currently
set for 2008-2012, ``subject to the additional provisions'' of
Sec. Sec. 381.7(b)(3) and (5), since they ``are reasonable'' and ``no
circumstances exist that would warrant modification of these fees.''
NMPA/HFA and NRBNMLC Joint Proposal at 2. The proposal also stated that
separate negotiations were ongoing between HFA and NMPA and NPR and PBS
with respect to provisions in Sec. 381.7 other than Sec. 381.7(b)(4).
Id. at 2-3. When such proposal did not appear to be forthcoming, the
Judges issued an order requesting in part that such proposal, if
finalized, be submitted by March 16, 2012, in order to allow for
publication of all proposed rates and terms in a single document. See
Order Regarding Submission of Settlement Proposals, Docket No. 2011-2
CRB NCEB II (February 2, 2012); see also n.5. However, after receiving
no responsive filings, the Judges issued a subsequent order requiring
HFA, NMPA, NPR, and PBS to show cause why the provisions to be covered
by their separate proposal (Sec. Sec. 381.7(b)(1)(i)-(iii),
381.7(b)(2)(i)-(iv), 381.7(c), 381.7(d), and 381.7(e)) should not be
removed from Part 381. See Order to Show Cause, Docket No. 2011-2 CRB
NCEB II (March 28, 2012). In response, HFA, NMPA, NPR and PBS submitted
their joint proposal covering the provisions specified in the March 28
order. Specifically, they proposed that the rates set forth in
Sec. Sec. 381.7(b)(1) and (2) ``be changed to reflect a rate increase
consistent with the prior percentage increase from the 2003-2007
license period to the 2008-2012 license period'' as such increase ``is
fair and reasonable.'' Response to Order to Show Cause, and Joint
Proposal of the Harry Fox Agency, Inc., National Music Publishers'
Association, Inc., National Public Radio, Inc. and Public Broadcasting
Service, at 3 (April 4, 2012). These parties proposed no changes to
Sec. Sec. 381.7(c)-(e) and requested that these provisions be carried
forward as is because they ``are fair and reasonable in that they
facilitate efficient, consistent and accurate payments of royalties for
uses governed by [Sec. ] 381.7.'' Id. at 4.
Each of the joint proposals between NRBNMLC and ASCAP, BMI, and
SESAC propose modifications to Sec. 381.6. Under the proposals,
alternatives have been provided to a Religious/Community Noncommercial
Radio Station in determining its Population Count which is the basis of
the rates paid. In addition, the proposals include a new reduced rate
for a Religious/Community Noncommercial Radio Station using a talk
format necessitating a number of newly defined terms. Finally, the
proposals address a Religious/Community Noncommercial Radio Station's
broadcast of in-band, on-channel, digital radio (``HD Radio'') signals.
Other Provisions
Finally, the Judges have removed and reserved two sections for
which no proposals were submitted. Specifically, Sec. 381.4, which
governed performance of musical compositions by PBS, NPR and other
public broadcasting entities engaged in the activities of 17 U.S.C.
118(c), and Sec. 381.8, which governed the terms and rates of royalty
payments for the use of published pictorial, graphic, and sculptural
works in PBS-distributed programs as well as in other than PBS-
distributed programs, have been removed and their section numbers
reserved.
As noted above, the public may comment and object to any or all of
the proposed regulations contained in this notice. Such comments and
objections must be submitted no later than May 25, 2012.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television, Rates.
Proposed Regulations
For the reasons set forth in the preamble, the Copyright Royalty
Judges propose to amend Part 381 to Chapter III of title 37 of the Code
of Federal Regulations to read 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) and 803.
Sec. 381.1 [Amended]
2. Section 381.1 is amended by removing ``2008'' and adding
``2013'' in its place and by removing ``2012'' and adding ``2017'' in
its place.
Sec. 381.4 [Removed and Reserved]
3. Remove and reserve Sec. 381.4.
4. Section 381.5 is amended by revising paragraphs (c) and (d) to
read as follows:
Sec. 381.5 Performance of musical compositions by public broadcasting
entities licensed to colleges and universities.
* * * * *
(c) Royalty rate. A public broadcasting entity within the scope of
this section may perform published nondramatic musical compositions
subject to the following schedule of royalty rates:
(1) For all such compositions in the repertory of ASCAP, the
royalty rates shall be as follows:
(i)
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Number of full-time
students 2013 2014 2015 2016 2017
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Level 1........................... <1,000.................... $319 $325 $332 $339 $345
Level 2........................... 1,000-4,999............... 369 376 384 392 399
Level 3........................... 5,000-9,999............... 505 515 525 535 546
Level 4........................... 10,000-19,999............. 655 668 681 695 708
Level 5........................... 20,000 +.................. 822 838 855 872 890
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(ii) Level 1 rates as set forth in paragraph (c)(1)(i) of this
section, shall also apply to College Radio Stations with an authorized
effective radiated power (ERP), as that term is defined in 47 CFR
73.310(a), of 100 Watts or less, as specified on its current FCC
license, regardless of the size of the student population.
(2) For all such compositions in the repertory of BMI, the royalty
rates shall be as follows:
(i)
[[Page 24665]]
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Number of full-time
students 2013 2014 2015 2016 2017
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Level 1........................... <1,000.................... $319 $325 $332 $339 $345
Level 2........................... 1,000-4,999............... 369 376 384 392 399
Level 3........................... 5,000-9,999............... 505 515 525 535 546
Level 4........................... 10,000-19,999............. 655 668 681 695 708
Level 5........................... 20,000 +.................. 822 838 855 872 890
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(ii) Level 1 rates, as set forth in paragraph (c)(2)(i) of this
section, shall also apply to College Radio Stations with an authorized
effective radiated power (ERP), as that term is defined in 47 CFR
73.310(a), of 100 Watts or less, as specified on its current FCC
license, regardless of the size of the student population.
(3) For all such compositions in the repertory of SESAC, the
royalty rates shall be as follows:
(i) 2013: $140.00 per station;
(ii) 2014: $140 per station, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section;
(iii) 2015: The 2014 rate, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section;
(iv) 2016: The 2015 rate, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section;
(v) 2017: The 2016 rate, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section.
(vi) Such cost of living adjustment to be made in accordance with
the greater of
(A) The change, if any, in the Consumer Price Index (all consumers,
all items) published by the U.S. Department of Labor, Bureau of Labor
Statistics during the twelve (12) month period from the most recent
Index, published before December 1 of the year immediately prior to the
applicable year, or
(B) Two percent (2%).
(4) For the performance of any other such compositions: $1.
(d) Payment of royalty rate. The public broadcasting entity shall
pay the required royalty rate to ASCAP, BMI and SESAC not later than
January 31 of each year. Each annual payment to ASCAP, BMI and SESAC
shall be accompanied by a signed declaration stating the number of
full-time students enrolled in the educational entity operating the
station and/or the effective radiated power (ERP) as specified in its
current FCC license. An exact copy of such declaration shall be
furnished to each of ASCAP, BMI and SESAC.
* * * * *
5. Section 381.6 is amended as follows:
a. By redesignating paragraphs (b) through (e) as paragraphs (c)
through (f), respectively;
b. By adding a new paragraph (b);
c. By revising newly redesignated paragraph (d);
d. By revising newly redesignated paragraph (e); and
e. By removing current paragraph (f).
The additions and revisions to Sec. 381.6 read as follows:
Sec. 381.6 Performance of musical compositions by other public
broadcasting entities.
* * * * *
(b) Definitions. As used in paragraphs (d) and (e) of this section,
the following terms and their variant forms mean the following:
(1) Feature Music shall mean any performance of a musical work,
whether live or recorded, that is the principal focus of audience
attention. Feature Music does not include bridge, background, or
underscore music, themes or signatures, interstitial music between
programs such as in public service announcements or program sponsorship
identifications, brief musical transitions in and out of program
segments (not to exceed 60 seconds in duration), incidental
performances of music during broadcasts of public, religious, or sports
events, or brief performances during news, talk, religious, and sports
programming of no more than 30 seconds in duration.
(2) Population Count. The combination of:
(i) The number of persons estimated to reside within a station's
Predicted 60 dBu Contour, based on the most recent available census
data; and
(ii) The nonduplicative number of persons estimated to reside in
the Predicted 60 dBu Contour of any Translator or Booster Station that
extends a public broadcasting entity's signal beyond the contours of a
station's Predicted 60 dBu Contour.
(iii) In determining Population Count, a station or a Translator or
Booster Station may use and report the total population data, from a
research company generally recognized in the broadcasting industry, for
the radio market within which the station's community license is
located.
(3) Predicted 60 dBu Contour shall be calculated as set forth in 47
CFR 73.313.
(4) Talk Format Station shall mean a noncommercial radio station:
(i) Whose program content primarily consists of talk shows, news
programs, sports, community affairs or religious sermons (or other non-
music-oriented programming);
(ii) That performs Feature Music in less than 20% of its
programming annually; and
(iii) That performs music-oriented programming for no more than
four (4) programming hours during the hours from 6 a.m. to 10 p.m. each
weekday, with no two (2) hours of such programming occurring
consecutively, with the exception of up to five (5) weekdays during the
year.
(5) Weekday shall mean the 24-hour period starting at 12 a.m.
through 11:59 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and
Fridays occurring between January 1 of a given year up to and including
Thanksgiving day of that year.
(6) Translator Station and Booster Station shall have the same
meanings as set forth in 47 CFR 74.1201.
* * * * *
(d) Royalty rate. A public broadcasting entity within the scope of
this section may perform published nondramatic musical compositions
subject to the following schedule of royalty rates:
(1) For all such compositions in the repertory of ASCAP, the
royalty rates shall be as follows:
(i) Music Fees (Stations with 20% or more programming containing
Feature Music):
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Population count 2013 2014 2015 2016 2017
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Level 1........................... 0-249,999................. $631 $644 $657 $670 $683
Level 2........................... 250,000-499,999........... 1,126 1,149 1,171 1,195 1,219
[[Page 24666]]
Level 3........................... 500,000-999,999........... 1,688 1,722 1,756 1,791 1,827
Level 4........................... 1,000,000-1,499,999....... 2,251 2,296 2,342 2,389 2,437
Level 5........................... 1,500,000-1,999,999....... 2,814 2,870 2,928 2,986 3,046
Level 6........................... 2,000,000-2,499,999....... 3,377 3,445 3,513 3,584 3,655
Level 7........................... 2,500,000-2,999,999....... 3,939 4,018 4,098 4,180 4,264
Level 8........................... 3,000,000 and above....... 5,628 5,741 5,855 5,972 6,092
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(ii) Talk Format Station Fees (Stations with <20% Feature Music
programming):
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Population count 2013 2014 2015 2016 2017
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Level 1........................... 0-249,999................. $631 $644 $657 $670 $683
Level 2........................... 250,000-499,999........... 631 644 657 670 683
Level 3........................... 500,000-999,999........... 631 644 657 670 683
Level 4........................... 1,000,000-1,499,999....... 788 804 820 836 853
Level 5........................... 1,500,000-1,999,999....... 985 1,005 1,025 1,045 1,066
Level 6........................... 2,000,000-2,499,999....... 1,182 1,206 1,230 1,254 1,279
Level 7........................... 2,500,000-2,999,999....... 1,379 1,406 1,434 1,463 1,492
Level 8........................... 3,000,000 and above....... 1,970 2,009 2,049 2,090 2,132
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(2) For all such compositions in the repertory of BMI, the royalty
rates shall be as follows:
(i) Music Fees (Stations with 20% or more programming containing
Feature Music):
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Population count 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... 0-249,999................. $631 $644 $657 $670 $683
Level 2........................... 250,000-499,999........... 1,126 1,149 1,171 1,195 1,219
Level 3........................... 500,000-999,999........... 1,688 1,722 1,756 1,791 1,827
Level 4........................... 1,000,000-1,499,999....... 2,251 2,296 2,342 2,389 2,437
Level 5........................... 1,500,000-1,999,999....... 2,814 2,870 2,928 2,986 3,046
Level 6........................... 2,000,000-2,499,999....... 3,377 3,445 3,513 3,584 3,655
Level 7........................... 2,500,000-2,999,999....... 3,939 4,018 4,098 4,180 4,264
Level 8........................... 3,000,000 and above....... 5,628 5,741 5,855 5,972 6,092
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(ii) Talk Format Station Fees (Stations with <20% Feature Music
programming):
----------------------------------------------------------------------------------------------------------------
Population count 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... 0-249,999................. $631 $644 $657 $670 $683
Level 2........................... 250,000-499,999........... 631 644 657 670 683
Level 3........................... 500,000-999,999........... 631 644 657 670 683
Level 4........................... 1,000,000-1,499,999....... 788 804 820 836 853
Level 5........................... 1,500,000-1,999,999....... 985 1,005 1,025 1,045 1,066
Level 6........................... 2,000,000-2,499,999....... 1,182 1,206 1,230 1,254 1,279
Level 7........................... 2,500,000-2,999,999....... 1,379 1,406 1,434 1,463 1,492
Level 8........................... 3,000,000 and above....... 1,970 2,009 2,049 2,090 2,132
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(3) For all such compositions in the repertory of SESAC, the
royalty rates shall be as follows:
(i) Music fees for stations with >=20% Feature Music programming:
----------------------------------------------------------------------------------------------------------------
Population count 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... 0-249,999................. $138 $140 $143 $146 $149
Level 2........................... 250,000-499,999........... 230 234 239 244 248
Level 3........................... 500,000-999,999........... 345 352 359 366 373
Level 4........................... 1,000,000-1,499,999....... 459 468 478 487 497
Level 5........................... 1,500,000-1,999,999....... 574 586 597 609 622
Level 6........................... 2,000,000-2,499,999....... 689 702 716 731 745
Level 7........................... 2,500,000-2,999,999....... 804 820 836 853 870
[[Page 24667]]
Level 8........................... 3,000,000 and above....... 1,149 1,171 1,195 1,219 1,243
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(ii) Talk fees for stations with <20% Feature Music programming:
----------------------------------------------------------------------------------------------------------------
Population count 2013 2014 2015 2016 2017
----------------------------------------------------------------------------------------------------------------
Level 1........................... 0-249,999................. $138 $140 $143 $146 $149
Level 2........................... 250,000-499,999........... 138 140 143 146 149
Level 3........................... 500,000-999,999........... 138 140 143 146 149
Level 4........................... 1,000,000-1,499,999....... 161 164 167 170 174
Level 5........................... 1,500,000-1,999,999....... 201 205 209 213 218
Level 6........................... 2,000,000-2,499,999....... 241 246 251 256 261
Level 7........................... 2,500,000-2,999,999....... 281 287 293 299 305
Level 8........................... 3,000,000 and above....... 402 410 418 427 435
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(4) For the performance of any other such compositions, in 2013
through 2017, $1.
(e) Payment of royalty rate. The public broadcasting entity shall
pay the required royalty rate to ASCAP, BMI and SESAC not later than
January 31 of each year. Each annual payment shall be accompanied by a
signed declaration stating the Population Count of the public
broadcasting entity and the source for such Population Count. An exact
copy of such declaration shall be furnished to each of ASCAP, BMI and
SESAC. Upon prior written notice thereof from ASCAP, BMI and SESAC, a
public broadcasting entity shall make its books and records relating to
its Population Count available for inspection. In the event that a
public broadcasting entity wishes to be deemed a Talk Format Station,
then such entity shall provide a signed declaration stating that
Feature Music is performed in less than 20% of its annual programming
and that it complies with the caps set forth in paragraph (b)(4) of
this section. An exact copy of such declaration shall be furnished to
each of ASCAP, BMI and SESAC. Upon prior written notice thereof from
ASCAP, BMI or SESAC, a public broadcasting entity shall make its
program schedule or other documentation supporting its eligibility as a
Talk Format Station available for inspection.
* * * * *
6. Section 381.7 is amended as follows:
a. By revising paragraphs (b)(1)(i)(A)-(D) and (b)(1)(ii)(A)-(D);
b. By revising paragraphs (b)(2)(i)-(iv);
c. In paragraph (b)(4), by removing ``2008-2012'' and adding
``2013-2017'' in its place; and
d. In paragraph (b)(5), by removing ``2012'' and adding ``2017'' in
its place.
The revisions to Sec. 381.7 read as follows:
Sec. 381.7 Recording rights, rates and terms.
* * * * *
(b) * * *
(1)(i) * * *
2013-2017
(A) Feature................................................ $116.37
(B) Concert feature (per minute)........................... $34.95
(C) Background............................................. $58.81
(D) Theme:
(1) Single program or first series program............... $58.81
(2) Other series program................................. $23.88
(ii) * * *
2013-2017
(A) Feature................................................ $9.62
(B) Concert feature (per minute)........................... $2.53
(C) Background............................................. $4.18
(D) Theme:
(1) Single program or first series program............... $4.18
(2) Other series program................................. $1.66
* * * * *
(2) * * *
2013-2017
(i) Feature................................................ $12.60
(ii) Concert feature (per minute).......................... $18.49
(iii) Background........................................... $6.31
(iv) Theme:
(A) Single program or first series program............... $6.31
(B) Other series program................................. $2.52
* * * * *
Sec. 381.8 [Removed and Reserved]
7. Remove and reserve Sec. 381.8.
8. Section 381.10 is amended as follows:
a. In paragraph (a), by removing ``2007'' and adding ``2013'' in
its place in each place it appears and by removing ``2006'' and adding
``2012'' in its place, and by removing ``On each December 1'' and
adding ``On or before each December 1'' in its place;
b. By revising paragraph (b);
c. In paragraph (c), by adding ``the'' before ``rates'', by
removing ``381.5'' and adding ``381.5(c)(3)'' in its place, and by
adding ``(30)'' after ``thirty''.
The revisions to Sec. 381.10 read as follows:
Sec. 381.10 Cost of living adjustment.
* * * * *
(b) On the same date of the notices published pursuant to paragraph
(a) of this section, the Copyright Royalty Judges shall publish in the
Federal Register a revised schedule of the rates for Sec. 381.5(c)(3),
the rate to be charged for compositions in the repertory of SESAC,
which shall adjust the royalty amounts established in a dollar amount
according to the greater of
(1) The change in the cost of living determined as provided in
paragraph (a) of this section, or
(2) Two percent (2%).
(3) Such royalty rates shall be fixed at the nearest dollar.
* * * * *
Dated: April 20, 2012.
Stanley C. Wisniewski,
U.S. Copyright Royalty Judge.
[FR Doc. 2012-9927 Filed 4-24-12; 8:45 am]
BILLING CODE 1410-72-P