[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Rules and Regulations]
[Pages 71501-71502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28632]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 386

[Docket No. 2013-8 CRB Satellite COLA]


Cost of Living Adjustment to Satellite Carrier Compulsory License 
Royalty Rates

AGENCY: Copyright Royalty Board, Library of Congress.

[[Page 71502]]


ACTION: Final rule.

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SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (COLA) of 1% in the royalty rates satellite carriers pay for 
a compulsory license under the Copyright Act. The COLA is based on the 
change in the Consumer Price Index from October 2012 to October 2013.

DATES: Effective Date: January 1, 2014.
    Applicability Dates: These rates are applicable to the period 
January 1, 2014, through December 31, 2014.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist. 
Telephone: (202) 707-7658. Email: [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 Satellite Television Extension and Localism Act of 
2010 (STELA), Public Law 111-175.
    On August 31, 2010, the Copyright Royalty Judges (Judges) adopted 
rates for the section 119 compulsory license for the 2010-2014 term. 
See 75 FR 53198. The rates adopted by the Judges were proposed by 
Copyright Owners and Satellite Carriers \1\ and were unopposed. Id. 
Section 119(c)(2) of the Copyright Act requires the Judges to adjust 
the adopted rates annually ``to reflect any changes occurring in the 
cost of living adjustment as determined by the most recent Consumer 
Price Index (for all consumers and for all items) [CPI-U] published . . 
. before December 1 of the preceding year.'' Section 119 also requires 
that ``[n]otification of the adjusted fees shall be published in the 
Federal Register at least 25 days before January 1.'' 17 U.S.C. 
119(c)(2). 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, 
2012, to the most recent index published before December 1, 2013, is 
1%.\2\ Application of the 1% COLA to the current rate for the secondary 
transmission of broadcast stations by satellite carriers for private 
home viewing--27 cents per subscriber per month--results in the same 
rate of 27 cents per subscriber per month (rounded to the nearest 
cent). See 37 CFR 386.2(b)(1). Application of the 1% COLA to the 
current rate for viewing in commercial establishments--54 cents per 
subscriber per month--results in an adjusted rate of 55 cents per 
subscriber per month (rounded to the nearest cent). See 37 CFR 
386.2(b)(2).
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    \2\ On November 20, 2013, the Bureau of Labor Statistics 
announced that the CPI-U increased 1.0% over the last 12 months.
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List of Subjects in 37 CFR Part 386

    Copyright, Satellite, Television.

Final Regulations

    In consideration of the foregoing, the Judges amend part 386 of 
title 37 of the Code of Federal Regulations 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)(v) and 
(b)(2)(v) as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (v) 2014: 27 cents per subscriber per month.
    (2) * * *
    (v) 2014: 55 cents per subscriber per month.

    Dated: November 21, 2013.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2013-28632 Filed 11-27-13; 8:45 am]
BILLING CODE 1410-72-P