[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Notices]
[Pages 2930-2931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01571]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
[Consolidated Docket No. 16-CRB-0009 CD (2014-17)]
Distribution of Cable Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice announcing commencement of distribution proceeding with
request for Petitions to Participate.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges (Judges) announce commencement of
a proceeding to determine distribution of 2014, 2015, 2016, and 2017
royalties deposited with the Copyright Office under the statutory
license for secondary transmissions by cable systems. The Judges also
set the date by which all parties wishing to participate and share in
the distribution of cable retransmission royalties for the years 2014
through 2017 must file a Petition to Participate and the accompanying
$150 filing fee, if applicable. The Judges seek a single Petition to
Participate from any entity intending to participate in the Allocation
Phase or the Distribution Phase of this proceeding, or both Phases. ANY
PARTY THAT FILED A PETITION TO PARTICIPATE IN ANY OF THE PROCEEDINGS
CONSOLIDATED IN THIS PROCEEDING MUST NONETHELESS FILE A PETITION TO
PARTICIPATE IN THIS CONSOLIDATED PROCEEDING. ANY PARTY THAT FAILS TO
FILE A PETITION TO PARTICIPATE IN THIS CONSOLIDATED PROCEEDING BY THE
TIME SET IN THIS NOTICE SHALL NOT BE A PARTICIPANT AT ANY STAGE OF THIS
CONSOLIDATED PROCEEDING.
DATES: Petitions to Participate and the filing fee, if applicable, are
due on or before March 11, 2019.
ADDRESSES: Interested claimants must submit petitions to participate
and the filing fee, if applicable. Each petition to participate must
identify the proceeding by docket number 16-CRB-0009 CD (2014-17).
Participants must file using the CRB's electronic filing application,
eCRB, at https://app.crb.gov/. Claimants without access to the internet
may file using any of the following methods:
U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC
20024-0977; or
Overnight service (only USPS Express Mail is acceptable): Copyright
Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or
Commercial courier: Address package to: Copyright Royalty Board,
Library of Congress, James Madison Memorial Building, LM-403, 101
Independence Avenue SE, Washington, DC 20559-6000. Deliver to:
Congressional Courier Acceptance Site, 2nd Street NE and D Street NE,
Washington, DC; or
Hand delivery: Library of Congress, James Madison Memorial
Building, LM-401, 101 Independence Avenue SE, Washington, DC 20559-
6000.
Instructions: Unless submitting online, claimants must submit an
original, two paper copies, and an electronic version on a CD. All
submissions must include the Copyright Royalty Board name and docket
number. All submissions received will be posted without change on eCRB
including any personal information provided.
Docket: For access to the docket to read background documents, go
to eCRB, the Copyright Royalty Board's electronic filing and case
management system, at https://app.crb.gov/ and search for docket number
16-CRB-0009 CD (2014-17). To access documents not yet uploaded to eCRB
(because it is a new system), go to the agency website at https://www.crb.gov/ or contact the CRB Program Specialist.
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
by telephone at (202) 707-7658 or email at [email protected].
[[Page 2931]]
SUPPLEMENTARY INFORMATION:
Background
Twice each year, cable system operators must deposit with the
Copyright Office royalties payable for the privilege of retransmitting
by cable over-the-air television and radio broadcast signals. 17 U.S.C.
111. The Judges oversee distribution of the royalties to copyright
owners whose works are included in the retransmissions and who have
filed a timely claim for royalties. This notice announces the
commencement of a proceeding under 17 U.S.C. 803(b)(1) for distribution
of cable royalties deposited for transmissions made in 2014, 2015,
2016, and 2017.
ANY PARTY WISHING TO RECEIVE ROYALTIES PAYABLE FOR 2014 THROUGH
2017 MUST FILE A PETITION TO PARTICIPATE AT THIS TIME. THE JUDGES SHALL
DEEM ANY PETITION TO PARTICIPATE FILED PURSUANT TO THIS NOTICE AS A
PETITION TO PARTICIPATE IN BOTH THE ALLOCATION PHASE AND THE
DISTRIBUTION PHASE OF THIS PROCEEDING. IN ORDER TO PARTICIPATE IN THE
DISTRIBUTION PHASE, ALL PETITIONERS MUST PARTICIPATE FULLY AND IN GOOD
FAITH IN THE ALLOCATION PHASE. IF AN INTERESTED PARTY FAILS TO FILE A
PETITION TO PARTICIPATE IN RESPONSE TO THIS NOTICE, THAT PARTY SHALL
NOT BE ELIGIBLE FOR DISTRIBUTION OF ROYALTY FUNDS FOR 2014 THROUGH
2017. ANY PARTY THAT FILED A PETITION TO PARTICIPATE IN ANY OF THE
PROCEEDINGS CONSOLIDATED IN THIS PROCEEDING MUST NONETHELESS FILE A
PETITION TO PARTICIPATE IN THIS CONSOLIDATED PROCEEDING.
The Judges will resolve all issues relating to distribution of
cable royalty funds for 2014 through 2017 in this proceeding, Docket
No. 16-CRB-0009 CD (2014-17). See 37 CFR 351.1(b)(2)
Commencement of Distribution Proceeding
As required by 17 U.S.C. 804(b)(8), the Judges gave notice of their
intention to commence this consolidated proceeding in order to
determine whether a controversy exists. See 83 FR 56106 (Nov. 9, 2018).
The Judges received responses from 12 entities representing claimants
to the royalty funds at issue. The responsive comments establish that
controversies exist with respect to distribution of royalties in each
year's fund. The Judges, therefore, commence this proceeding to
determine appropriate allocation of the royalty funds among claimant
groups and ultimate distribution of royalties to eligible claimants.
Petitions To Participate
Parties filing Petitions to Participate must comply with the
requirements of Sec. 351.1(b) of the Judges' regulations. In addition,
each Petition to Participate must identify for each claim year, the
name of each claimant, the corresponding claim number, an indication of
whether the claim is an individual or joint claim, and the program
category into which the claim may fall.
Any claimant whose claim does not exceed $1,000 in value and who
includes a statement in its Petition to Participate that the claimant
will not seek distribution of more than $1,000 may file the Petition to
Participate without payment of the filing fee. 37 CFR 351.1(b)(4).
How To Submit Petitions To Participate
Interested parties with claims exceeding $1,000 must submit a
filing fee of $150 with their Petition to Participate, or the Judges
will reject the petition. THE COPYRIGHT ROYALTY BOARD WILL NOT ACCEPT
CASH.
Parties filing online through eCRB must pay the filing fee, if
applicable, by credit card using the payment portal on eCRB. Any party
without access to the internet must pay the filing fee by check or
money order made payable to the ``Copyright Royalty Board'' and mailed
or delivered with its filed paper documents and CD as described in the
Addresses section above. If a check is returned for lack of sufficient
funds, the Judges will dismiss the corresponding Petition to
Participate.
Any participant that is an individual may represent herself or
himself; all other participants must be represented by counsel. In
accordance with 37 CFR 350.2, only attorneys who are members of the bar
in one or more states or the District of Columbia and in good standing
will be allowed to represent parties before the Copyright Royalty
Judges. The Judges will address further procedural matters, including
scheduling, after receiving Petitions to Participate.
Dated: January 3, 2019.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2019-01571 Filed 2-7-19; 8:45 am]
BILLING CODE 1410-72-P