[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42396-42397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14023]


=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 23-CRB-0007 AA]


Determination of Adjustment to Administrative Assessment To Fund 
Mechanical Licensing Collective

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice of commencement; request for petitions to participate; 
schedule.

-----------------------------------------------------------------------

SUMMARY: The Copyright Royalty Judges announce commencement of a 
proceeding to determine an adjustment to the administrative assessment 
that digital music providers and any significant nonblanket licensees 
must pay to fund the operations of the Mechanical Licensing Collective 
(MLC); set the date by which the MLC and the Digital Licensee 
Coordinator (DLC) must, and other eligible participants may, file a 
Petition to Participate and the accompanying $150 filing fee; and 
announce the schedule for the proceeding and deadlines for submissions.

DATES: The commencement date of the proceeding is June 30, 2023. 
Petitions to Participate and the filing fee are due on or before July 
17, 2023. The schedule for submissions and additional proceedings is 
set forth in the SUPPLEMENTARY INFORMATION section below.

ADDRESSES: Participants must file petitions to participate using the 
online form available on the Copyright Royalty Board's electronic 
filing application, eCRB, at https://app.crb.gov/. Participants must 
also file submissions in eCRB. See 37 CFR 303.5.
    Instructions: All submissions must include the Copyright Royalty 
Board name and docket number, 23-CRB-0007 AA. All submissions and 
Petitions to Participate received will be posted without change on eCRB 
including any personal information provided.
    Docket: For access to the docket, go to eCRB, the Copyright Royalty 
Board's electronic filing and case management system, at https://app.crb.gov/, and search for docket number 23-CRB-0007 AA.

FOR FURTHER INFORMATION CONTACT: Anita Brown, CRB Program Specialist, 
(202) 707-7658, [email protected].

SUPPLEMENTARY INFORMATION: On May 31, 2023, the Mechanical Licensing 
Collective (MLC) and Digital Licensee Coordinator (DLC) filed with the 
Copyright Royalty Judges (Judges) a joint petition \1\ to commence a 
proceeding to adjust the administrative assessment to be paid by 
digital music providers to fund the operating budget of the MLC along 
with a Joint Motion to Adopt Voluntary Agreement and Proposed 
Regulations. Section 115 of the Copyright Act requires the Judges, upon 
receipt of such a petition, to commence a proceeding by publication in 
the month of June of a notice in the Federal Register seeking Petitions 
to Participate. In the notice, the Judges must announce the schedule 
for submissions and further proceedings. 17 U.S.C. 
115(d)(7)(D)(iv)(II); 37 CFR 355.2(b).
---------------------------------------------------------------------------

    \1\ The most recent publication of a determination of the 
Administrative Assessment by the Judges was January 22, 2022 (86 FR 
6568). Petitions to commence an adjustment proceeding may not be 
filed earlier than one year after that date and must be filed during 
the month of May, 37 CFR 355.2(b), and thus the joint petition was 
properly filed.
---------------------------------------------------------------------------

    The Judges hereby announce commencement of the proceeding. 
Participation by the MLC and the DLC in the proceeding is required, and 
the participation of copyright owners, digital music providers, and 
significant nonblanket licensees in the proceeding is permitted. 17 
U.S.C. 115(d)(7)(D)(iv)(II); 37 CFR 355.2(c)-(d). The Judges, 
therefore, direct the MLC and the DLC to file Petitions to Participate, 
request Petitions to Participate from any other eligible participant 
with a significant interest in the determination of the Administrative 
Assessment, and set a schedule for submissions and further proceedings.

Petitions To Participate

    Parties filing Petitions to Participate must comply with the 
requirements of 37 CFR 355.2(e).

How To Submit Petitions To Participate

    Petitioners must submit a filing fee of $150 to the Copyright 
Royalty Board

[[Page 42397]]

with their Petition to Participate, or the Judges will reject the 
petition.
    Parties must file Petitions to Participate online through eCRB 
using the online form, including therein factual information sufficient 
to establish that the petitioner has a significant interest in the 
determination of the Administrative Assessment, pursuant to 17 U.S.C. 
115(d)(7)(D)(iv)(II) and 37 CFR 355.2(e), and pay the filing fee by 
credit card using the payment portal on eCRB.
    Any participant that is an individual may represent herself or 
himself. All other participants must be represented by counsel. In 
accordance with Sec.  303.2 of the Judges' regulations, 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. 37 CFR 303.2.

Schedule for Submissions and Further Proceedings

    The schedule for submissions and further proceedings is as follows: 
the commencement date of the proceeding is June 30, 2023; the first 
negotiation period is June 30-August 29, 2023; written notification 
from the MLC and DLC regarding results of negotiations is due August 
29, 2023; the opening submission from the MLC, with concurrent 
production of required documents and disclosures, is due September 28, 
2023; the first discovery period is September 29-November 28, 2023; 
responsive submissions from the DLC and from other participants, with 
concurrent production of required documents and disclosures, are due 
December 28, 2023; the second discovery period is December 29, 2023-
February 27, 2024; the second negotiation period is February 28-March 
13, 2024; reply submissions from the MLC are due April 10, 2024; 
written notification from the MLC and DLC regarding results of 
negotiations is due March 13, 2024; the joint pre-hearing submission is 
due on April 15, 2024; a hearing on the record will begin on April 29, 
2024. See 17 U.S.C. 115(d)(7)(D)(iv)(II), 37 CFR 355.2-355.4.
    The Judges will address further procedural matters after Petitions 
to Participate are filed. See 37 CFR 355.2(f)-(g); 355.3(a), (h).

    Dated: June 26, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-14023 Filed 6-28-23; 8:45 am]
BILLING CODE 1410-72-P