[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Rules and Regulations]
[Pages 75624-75625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30416]


=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 386

[Docket No. 2010-10 CRB Satellite COLA]


Cost of Living Adjustment to Satellite Carrier Compulsory License 
Royalty Rates

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (``COLA'') of 1.2% 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 2009 to October 2010.

DATES: Effective Date: January 1, 2011.
    Applicability Dates: These rates are applicable for the period 
January 1, 2011, through December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or 
Gina Giuffreda, Attorney Advisor. Telephone: (202) 707-7658. E-mail: 
[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, which was signed 
into law by the President on May 27, 2010.
    Program Suppliers and Joint Sports Claimants (collectively, the 
``Copyright Owners'') and DIRECTV, Inc., DISH Network, LLC, and 
National Programming Service, LLC (collectively, the ``Satellite 
Carriers'') submitted a voluntary agreement proposing rates for the 
section 119 compulsory license for the period 2010-2014 and requested 
that the proposed rates be applied to all satellite carriers, 
distributors, and copyright owners without holding a rate proceeding. 
See 17 U.S.C. 119(c)(1)(D)(ii)(I). After publishing the proposed rates 
in the Federal Register and receiving no objections, the Judges adopted 
the rates as final in 37 CFR part 386. 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) published * * * before 
December 1 of the preceding year'' with such rates being effective on 
January 1 of each year. 17 U.S.C. 119(c)(2). The Judges are required to 
publish in the Federal Register ``[n]otification of the adjusted fees * 
* * at least 25 days before January 1.'' Id. Today's notice fulfills 
this obligation.
    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, 
2009, to the most recent index published before December 1, 2010, is 
1.2%.\1\ 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 25 
cents and 51 cents, respectively.
---------------------------------------------------------------------------

    \1\ 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 2009 was 216.177, while the figure for 
October 2010 was 218.711.
---------------------------------------------------------------------------

List of Subjects in 37 CFR Part 386

    Copyright, Satellite, Television.

Final Regulations

0
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)(ii) and 
(b)(2)(ii) as follows:


Sec.  386.2  Royalty fee for secondary transmission by satellite 
carriers.

* * * * *

[[Page 75625]]

    (b)(1) * * *
    (ii) 2011: 25 cents per subscriber per month;
* * * * *
    (2) * * *
    (ii) 2011: 51 cents per subscriber per month;
* * * * *

    Dated: November 30, 2010.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2010-30416 Filed 12-3-10; 8:45 am]
BILLING CODE 1410-72-P