[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50113-50114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19891]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2012-6 CRB CD 2004-2009 (Phase II)]
Distribution of 2004, 2005, 2006, 2007, 2008, and 2009 Cable
Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Initiation of Phase II proceeding and request for Petitions to
Participate.
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SUMMARY: The Copyright Royalty Judges (Judges) announce the
commencement of a proceeding to determine the Phase II distribution of
royalties deposited with the Register of Copyrights for the statutory
license allowing distant retransmission of over-the-air television and
radio broadcast signals by cable system operators. The funds to be
distributed are those relating to broadcast years 2004, 2005, 2006,
2007, 2006, and 2009. The Judges also announce the date by which any
party wishing to participate in this distribution proceeding must file
its Petition to Participate and the accompanying $150 filing fee, if
applicable.
DATES: Petitions to Participate and the filing fee are due on or before
September 16, 2013.
ADDRESSES: Participants must submit an original, five paper copies, and
an electronic copy in Portable Document Format (PDF) on a CD of the
Petition to Participate, along with the $150 filing fee, to the
Copyright Royalty Board by either mail or hand delivery. Participants
MAY NOT submit Petitions to Participate and the $150 filing fee by an
overnight delivery service other than the U.S. Postal Service Express
Mail. If participants choose to use U.S. Postal Service (including
overnight delivery), they must address their submissions to: Copyright
Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If
participants choose hand delivery by a private party, they must deliver
the submissions to the Library of Congress, James Madison Memorial
Building, LM-401, 101 Independence Avenue, SE., Washington, DC 20559-
6000. If participants choose delivery by a commercial courier, they
must deliver the submissions 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, 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 email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
Twice each calendar year, cable system operators must deposit
royalty payments with the Copyright Office for the statutory license
granting the privilege of retransmitting over-the-air television and
radio broadcast signals. 17 U.S.C. 111. The royalties are then
distributed to copyright owners whose works were retransmitted and who
timely filed a claim for royalties.
The royalties at issue in this proceeding are being distributed in
two phases. For broadcast years 2004 and 2005, the Judges conducted
Phase I hearings, after which they determined the percentage allocation
of the royalties among representatives of the major categories of
copyrightable content (movies, sports programming, music, etc.). For
broadcast years 2006 through 2009, the parties settled their
controversies. The Judges authorized a final Phase I distribution for
all six years at issue currently by order dated February 17, 2012 \1\.
The Phase I distribution order for broadcast years 2004 through 2009
provided for retention of $20 million in cable royalty funds, divided
equally among each of the six years, and $13 million in satellite
royalty funds,\2\ divided equally among each of the six years, pending
resolution of remaining controversies regarding proper distribution and
allocation of those funds. The purpose of this Phase II proceeding is
to allocate the royalties among the various copyright owners within
each category.
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\1\ See Order on Motions for Distribution in Docket Numbers
2007-3 CRB CD 2004-05; 2008-4 CRB CD 2006; 2009-6 CRB CD 2007; 2010-
6 CRB CD 2008; 2011-7 CRB CD 2009; 2010-2 CRB SD 2004-07; 2010-7 CRB
SD 2008; 2011-8 CRB SD 2009.
\2\ This notice relates only to cable royalties; satellite
royalties shall be the subject of a separate notice.
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Commencement of Phase II Proceeding
The Judges determine that a Phase II controversy exists as to the
distribution of the retained cable royalty funds deposited for
broadcast years 2004 through 2009, inclusive. On July 27, 2012, three
Phase I participants, Joint Sports Claimants, Program Suppliers, and
Devotional Claimants filed a Joint Motion to Initiate Phase II
Proceedings (Joint Motion), representing that all other Phase I
category royalty recipients had resolved their remaining controversies
and seeking to consolidate the proceeding for years 2004-05 with
[[Page 50114]]
proceedings for years 2006 through 2009.
Independent Producers Group (IPG) objected to the motion, citing
unresolved distribution of royalties deposited for royalty years
antedating 2004 and asserting that the earlier distributions should be
completed before initiating a proceeding for the funds at issue in this
proceeding. In the interim, between the Joint Motion and this notice,
the Judges have resolved or scheduled for resolution all issues
remaining in the earlier proceedings. IPG's objection to initiating
this Phase II proceeding is not persuasive as it is no longer germane.
In light of the outstanding Phase II controversies with respect to
cable royalties for 2004 to 2009, inclusive, the Judges hereby grant
the Joint Motion, initiating a Phase II proceeding and consolidating
all extant proceedings relating to cable royalties for the years 2004
through 2009, inclusive, for resolution under the docket number noted
above.
Petitions To Participate
Any interested party must file a Petition to Participate (PTP) in
accordance with 37 CFR 351.1(b)(2). PTPs submitted by interested
parties whose claims do not exceed $1,000 must contain a statement that
the party will not seek a distribution of more than $1,000. The Judges
will accept PTPs for claims not exceeding $1,000 without a filing fee.
The Judges will reject the PTP of any party asserting a claim in excess
of $1,000 that is not accompanied by the filing fee of $150. The filing
fee must be paid by check or money order payable to the ``Copyright
Royalty Board.'' If a check is returned for insufficient funds, the
corresponding Petition to Participate will be dismissed.
To participate in this Phase II proceeding, a party, other than an
individual, must be represented by an attorney.
The Judges will address scheduling and further procedural matters
after Petitions to Participate are filed.
Dated: August 12, 2013.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2013-19891 Filed 8-15-13; 8:45 am]
BILLING CODE 1410-72-P