[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Page 591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32635]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2011-1 CRB PSS/Satellite II]
Determination of Rates and Terms for Preexisting Subscription and
Satellite Digital Audio Radio Services
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 are announcing the commencement
of the proceeding \1\ to determine the reasonable rates and terms for
preexisting subscription and satellite digital audio radio services for
the digital performance of sound recordings and the making of ephemeral
recordings for the period beginning January 1, 2013, and ending
December 31, 2017. The Copyright Royalty Judges also are announcing the
date by which a party who wishes to participate in the rate
determination proceeding must file its Petition to Participate and the
accompanying $150 filing fee.
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\1\ The prior proceeding was captioned as ``DSTRA'' (which
stands for ``Digital Subscription Transmissions Rate Adjustment'').
Hereinafter, this and future proceedings will be captioned as ``PSS/
Satellite'' (to reflect both preexisting subscription services
(``PSS'') and satellite digital audio radio services (``Satellite))
followed by the appropriate Roman numeral.
DATES: Petitions to Participate and the filing fee are due no later
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than February 4, 2011.
ADDRESSES: An original, five copies and an electronic copy in Portable
Document Format (PDF) on a CD of the Petition to Participate, along
with the $150 filing fee, may be delivered to the Copyright Royalty
Board by either mail or hand delivery. Petitions to Participate and the
$150 filing fee may not be delivered by an overnight delivery service
other than the U.S. Postal Service Express Mail. If by mail (including
overnight delivery), Petitions to Participate, along with the $150
filing fee, must be addressed to: Copyright Royalty Board, P.O. Box
70977, Washington, DC 20024-0977. If hand delivered by a private party,
Petitions to Participate, along with the $150 filing fee, must be
brought between 8:30 a.m. and 5 p.m. to the Library of Congress, James
Madison Memorial Building, Room LM-401, 101 Independence Avenue, SE.,
Washington, DC 20559-6000. If delivered by a commercial courier,
Petitions to Participate, along with the $150 filing fee, 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. 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.
FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, CRB Program Specialist,
by telephone at (202) 707-7658 or e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
Background
On December 19, 2007, and January 28, 2008, the Copyright Royalty
Judges announced the rates and terms through December 31, 2012, for the
digital transmission of sound recordings and the making of ephemeral
recordings in furtherance of making such transmissions by preexisting
subscription services and preexisting satellite digital audio radio
services, respectively. 72 FR 71795 (December 19, 2007), 73 FR 4080
(January 24, 2008). Section 804(b)(3)(B) of the Copyright Act, title 17
of the United States Code, requires that ``[s]uch proceedings shall
next be commenced in 2011 to determine reasonable terms and rates of
royalty payments, to become effective January 1, 2011.'' 17 U.S.C.
804(b)(3)(B). Pursuant to this provision, this notice commences the
rate determination proceeding for the license period 2013-2017. Section
803(b)(1)(A)(i)(III) of the Copyright Act requires the Judges to
publish a Federal Register notice no later than January 5, 2011,
commencing this proceeding. Today's notice fulfills this requirement.
Petitions To Participate
Petitions to Participate must be filed in accordance with Sec.
351.1(b) of the Judges' regulations. See 37 CFR 351.1(b). Petitions to
Participate must be accompanied by the $150 filing fee. Cash will not
be accepted; therefore, parties must pay the filing fee with a check or
money order made payable to the ``Copyright Royalty Board.'' If a check
received in payment of the filing fee is returned for lack of
sufficient funds, the corresponding Petition to Participate will be
dismissed.
Note that in accordance with 37 CFR 350.2 (Representation), only
attorneys who are members of the bar in one or more states and in good
standing will be allowed to represent parties before the Copyright
Royalty Judges, unless a party is an individual who represents herself
or himself.
Dated: December 22, 2010.
William J. Roberts, Jr.,
U.S. Copyright Royalty Judge.
[FR Doc. 2010-32635 Filed 1-4-11; 8:45 am]
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