[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Rules and Regulations]
[Pages 70373-70374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28507]
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 386
[Docket No. 2012-8 CRB Satellite COLA]
Cost of Living Adjustment to Satellite Carrier Compulsory License
Royalty Rates
AGENCY: Copyright Royalty Board, Library of Congress.
[[Page 70374]]
ACTION: Final rule.
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SUMMARY: The Copyright Royalty Judges announce a cost of living
adjustment (``COLA'') of 2.2% in the royalty rates paid by satellite
carriers under the satellite carrier compulsory license of the
Copyright Act. The COLA is based on the change in the Consumer Price
Index from October 2011 to October 2012.
DATES: Effective Date: January 1, 2013.
Applicability Dates: These rates are applicable for the period
January 1, 2013, through December 31, 2013.
FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist.
Telephone: (202) 707-7658. Email: [email protected].
SUPPLEMENTARY INFORMATION: The satellite carrier compulsory license
establishes a statutory copyright licensing scheme for the
retransmission of distant television programming by satellite carriers.
17 U.S.C. 119. Congress created the license in 1988 and has
reauthorized the license for additional five-year periods, most
recently with the passage of the Satellite Television Extension and
Localism Act of 2010, (``STELA''), Public Law 111-175.
The Copyright Royalty Judges adopted as final the rates for the
section 119 compulsory license for the period 2010-2014 after
publication in the Federal Register of the rates, as proposed by
Copyright Owners and Satellite Carriers,\1\ yielded no objections. See
75 FR 53198 (August 31, 2010). Section 119(c)(2) requires the Judges
annually to adjust these rates ``to reflect any changes occurring in
the cost of living adjustment (for all consumers and for all items)
[``CPI-U''] published * * * at least 25 days before January 1.'' Id.
Today's notice fulfills this obligation.
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\1\ 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.
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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,
2011, to the most recent index published before December 1, 2012, is
2.2%.\2\ Rounding to the nearest cent, the royalty rates for the
secondary transmission of broadcast stations by satellite carriers for
private home viewing and viewing in commercial establishments are 27
cents and 54 cents per subscriber per month, respectively.
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\2\ The most recent CPI-U figures are published in November of
each year and use the period 1982-1984 to establish a reference base
of 100. The index for October 2011 was 226.421, while the figure for
October 2012 was 231.414.
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List of Subjects in 37 CFR Part 386
Copyright, Satellite, Television.
Final Regulations
For the reasons set forth in the preamble, part 386 of title 37 of
the Code of Federal Regulations is amended 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 revising paragraphs (b)(1)(iv) and
(b)(2)(iv) as follows:
Sec. 386.2 Royalty fee for secondary transmission by satellite
carriers.
* * * * *
(b)(1) * * *
(iv) 2013: 27 cents per subscriber per month;
* * * * *
(2) * * *
(iv) 2013: 54 cents per subscriber per month;
* * * * *
Dated: November 19, 2012.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2012-28507 Filed 11-23-12; 8:45 am]
BILLING CODE 1410-72-P