[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Notices]
[Pages 2931-2932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01572]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Consolidated Docket No. 16-CRB-0010 SD (2014-17)]


Distribution of Satellite Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice announcing commencement of distribution proceeding with 
request for Petitions to Participate.

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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 satellite television services. The 
Judges also set the date by which all parties wishing to participate 
and share in the distribution of satellite 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-0010 SD (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

[[Page 2932]]

    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-0010 SD (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].

SUPPLEMENTARY INFORMATION: 

Background

    Twice each year, satellite television services must deposit with 
the Copyright Office royalties payable for the privilege of 
retransmitting by satellite over-the-air television and radio broadcast 
signals. 17 U.S.C. 119. 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 satellite 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 
satellite royalty funds for 2014 through 2017 in this proceeding, 
Docket No. 16-CRB-0010 SD (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. 2019-01572 Filed 2-7-19; 8:45 am]
 BILLING CODE 1410-72-P