[Federal Register Volume 63, Number 21 (Monday, February 2, 1998)]
[Notices]
[Pages 5405-5406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2476]


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LIBRARY OF CONGRESS

Copyright Office
[Docket No. 96-6 CARP NCBRA]


Adjustment of the Rates for Noncommercial Educational 
Broadcasting Compulsory License

AGENCY: Copyright Office, Library of Congress.

ACTION: Initiation of arbitration.

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SUMMARY: The Librarian of Congress is announcing initiation of the 180-
day arbitration period for the adjustment of the rates for the 
noncommercial educational broadcasting license.

EFFECTIVE DATE: January 30, 1998.

ADDRESSES: All hearings and meetings for the section 118 compulsory 
license proceeding shall take place in the James Madison Memorial 
Building, Room 414, First and Independence Avenue, S.E., Washington, 
D.C. 20540.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 
William Roberts, Senior Attorney, P.O. Box 70977, Southwest Station, 
Washington, D.C. 20024. Telephone (202) 707-8380. Telefax (202) 707-
8366.

SUPPLEMENTARY INFORMATION:

Background

    On October 18, 1996, the Library published a Notice in the Federal 
Register initiating a voluntary negotiation period for adjustment of 
the royalty rates for the noncommercial educational broadcasting 
compulsory license, 17 U.S.C. 118, 61 FR 54458 (October 18, 1996). 
Section 118 creates a compulsory license for the use of certain 
copyrighted works in connection with noncommercial broadcasting. The 
Library set a date of April 7, 1997, for initiation of arbitration. 61 
FR at 54461 (1996). The parties who filed Notices of Intent to 
Participate in this proceeding,

[[Page 5406]]

however, requested additional time to negotiate voluntary agreements.
    The Library has received several negotiated agreements and joint 
proposals for rates and terms, and has adopted certain proposed rates 
and terms. See 62 FR 63502 (Dec. 1, 1997). A controversy remains, 
however, regarding the rates to be paid by the Public Broadcasting 
Service and National Public Radio for the use of musical works licensed 
by the American Society of Composers, Authors and Publishers, and 
Broadcast Music, Inc. Consequently, it is necessary to commence a 
Copyright Arbitration Royalty Panel (CARP) proceeding to resolve this 
controversy. This notice fulfills the requirements of 37 CFR 251.64 and 
sections 118 and 803(c) of title 17, United States Code.

Selection of Arbitrators

    In accordance with Sec. 251.6 of the CARP rules, the arbitrators 
have been selected for this proceeding. They are:

The Honorable Lewis Hall Griffith (Chairperson)
The Honorable Jeffrey Gulin
The Honorable Edward Dreyfus

Initiation of Proceeding

    Pursuant to Sec. 251.64 of the CARP rules, the Librarian is 
formally announcing the existence of a controversy as to the 
establishment of rates and terms for the adjustment of rates for the 
section 118 compulsory license, and is initiating an arbitration 
proceeding under chapter 8 of title 17 to resolve the determination. 
The arbitration proceeding commences on January 30, 1997, and runs for 
a period of 180 days. The arbitrators shall file their written report 
with the Librarian by July 28, 1998, the end of the 180-day period, in 
accordance with Sec. 251.53 of the rules.
    A meeting between the participants in the rate adjustment 
proceeding and the arbitrators shall take place on Tuesday, February 3, 
1998, at 1:30 p.m. at the Library of Congress, James Madison Building, 
LM 414, First and Independence Avenue, S.E., Washington, D.C., to 
discuss the hearing schedule, arbitrator billing and payment, and any 
other procedural matters. The meeting is open to the public. Copies of 
the hearing schedule, once finalized, will be available at the 
Copyright Office upon request.

    Dated: January 28, 1998.
David Carson,
General Counsel.
[FR Doc. 98-2476 Filed 1-30-98; 8:45 am]
BILLING CODE 1410-33-P