[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74703-74704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30705]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 386

[Docket No. 2011-10 CRB Satellite COLA]


Cost of Living Adjustment to Satellite Carrier Compulsory License 
Royalty Rates

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule.

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SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (``COLA'') of 3.5% 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 2010 to October 2011.

DATES: Effective Date: January 1, 2012.
    Applicability Dates: These rates are applicable for the period 
January 1, 2012, through December 31, 2012.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist. 
Telephone: (202) 707-7658. Email: [email protected].

SUPPLEMENTARY INFORMATION: The satellite carrier compulsory license

[[Page 74704]]

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, 
2010, to the most recent index published before December 1, 2011, is 
3.5%.\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 26 
cents and 53 cents, 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 2010 was 218.711, while the figure for 
October 2011 was 226.421.
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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

    1. The authority citation for part 386 continues to read as 
follows:

    Authority: 17 U.S.C. 119(c), 801(b)(1).

    2. Section 386.2 is amended by revising paragraphs (b)(1)(iii) and 
(b)(2)(iii) to read as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (iii) 2012: 26 cents per subscriber per month;
* * * * *
    (2) * * *
    (iii) 2012: 53 cents per subscriber per month;
* * * * *

    Dated: November 23, 2011.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2011-30705 Filed 11-30-11; 8:45 am]
BILLING CODE 1410-72-P