Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Rules and Regulations 11857

You may also access documents of the FR 57833. The rates and terms in the 380.30 Definitions. Department published in the Federal proposed rule were the subject of a 380.31 Royalty fees for the public Register by using the article search settlement among SoundExchange, Inc. performance of sound recordings and for feature at: www.federalregister.gov. (‘‘SoundExchange’’), National Public ephemeral recordings. Radio, Inc. (‘‘NPR’’), and the 380.32 Terms for making payment of Specifically, through the advanced royalty fees and statements of account. search feature at this site, you can limit Corporation for Public Broadcasting your search to documents published by (‘‘CPB’’) (together, the ‘‘Settling Subpart D—Public Broadcasters the Department. Parties’’) of their interests related to Web V 1 royalty rates and terms for § 380.30 Definitions. Mark Schultz, certain internet transmissions by public For purposes of this subpart, the Delegated the authority to perform the broadcasters, NPR, American Public following definitions apply: functions and duties of the Assistant Media, Public Radio International, Authorized website is any website Secretary for the Office of Special Education and Rehabilitative Services. Public Radio Exchange, and certain operated by or on behalf of any Public other unnamed public radio stations for Broadcaster that is accessed by website [FR Doc. 2020–03208 Filed 2–27–20; 8:45 am] the period from January 1, 2021, Users through a Uniform Resource BILLING CODE 4000–01–P through December 31, 2025. Joint Locator (‘‘URL’’) owned by such Public Motion to Adopt Partial Settlement, Broadcaster and through which website Docket No. 19–CRB–0005–WR (2021– Performances are made by such Public LIBRARY OF CONGRESS 2025) (‘‘Web V’’). The Judges received Broadcaster. no comments on the proposed rule. CPB is the Corporation for Public Copyright Royalty Board The Judges ‘‘may decline to adopt the Broadcasting. agreement as a basis for statutory terms Music ATH is aggregate tuning hours 37 CFR Part 380 and rates for participants that are not of website Performances of sound [Docket No. 19–CRB–0005–WR (2021–2025) parties to the agreement,’’ only ‘‘if any recordings of musical works. (Web V)] participant [in the proceeding] objects to NPR is National Public Radio, Inc. the agreement and the [Judges] Originating Public Radio Station is a Determination of Royalty Rates and conclude, based on the record before noncommercial terrestrial radio Terms for Ephemeral Recording and them if one exists, that the agreement broadcast station that— Digital Performance of Sound does not provide a reasonable basis for (1) Is licensed as such by the Federal Recordings (Web V) setting statutory terms or rates.’’ 17 Communications Commission; U.S.C. 801(b)(7)(A)(ii). Because no Web (2) Originates programming and is not AGENCY: Copyright Royalty Board, V participant has objected to the solely a repeater station; Library of Congress. settlement, and the Judges find no basis (3) Is a member or affiliate of NPR, ACTION: Final rule. in the record to conclude that the American Public Media, Public Radio settlement does not provide a International, or Public Radio Exchange, SUMMARY: The Copyright Royalty Judges reasonable basis for setting statutory a member of the National Federation of publish a final rule governing the rates terms and rates, the Judges adopt the Community Broadcasters, or another and terms for the digital performances terms and rates as proposed. public radio station that is qualified to of sound recordings by certain public receive funding from CPB pursuant to radio stations and for the making of List of Subjects in 37 CFR Part 380 its criteria; ephemeral recordings necessary to Copyright, Digital audio (4) Qualifies as a ‘‘noncommercial facilitate those transmissions for the transmissions, Performance right, Sound webcaster’’ under 17 U.S.C. period commencing January 1, 2021, recordings. 114(f)(4)(E)(i); and and ending on December 31, 2025. (5) Either— Final Regulations DATES: Effective January 1, 2021. (i) Offers website Performances only ADDRESSES: Docket: For access to the For the reasons set forth in the as part of the mission that entitles it to docket to read submitted background preamble, the Copyright Royalty Judges be exempt from taxation under section documents go to eCRB, the Copyright amend 37 CFR part 380 as follows: 501 of the Internal Revenue Code of Royalty Board’s electronic filing and 1986 (26 U.S.C. 501); or PART 380—RATES AND TERMS FOR (ii) In the case of a governmental case management system, at https:// TRANSMISSIONS BY ELIGIBLE app.crb.gov/ and search for docket entity (including a Native American NONSUBSCRIPTION SERVICES AND Tribal governmental entity), is operated number 19–CRB–0005–WR (2021– NEW SUBSCRIPTION SERVICES AND 2025). exclusively for public purposes. FOR THE MAKING OF EPHEMERAL Person is a natural person, a FOR FURTHER INFORMATION CONTACT: REPRODUCTIONS TO FACILITATE corporation, a limited liability company, Anita Blaine, Program Specialist, by THOSE TRANSMISSIONS a partnership, a trust, a joint venture, telephone at (202) 707–0078 or email at ■ any governmental authority or any other [email protected]. 1. The authority citation for part 380 entity or organization. SUPPLEMENTARY INFORMATION: On continues to read as follows: Public Broadcasters are NPR, October 29, 2019, the Copyright Royalty Authority: 17 U.S.C. 112(e), 114(f), American Public Media, Public Radio Judges (Judges) published a proposed 804(b)(3). International, and Public Radio rule governing the rates and terms for ■ 2. Revise subpart D to read as follows: Exchange, and up to 530 Originating the digital performances of sound Public Radio Stations as named by CPB. Subpart D—Public Broadcasters recordings by certain public radio CPB shall notify SoundExchange stations and for the making of Sec. annually of the eligible Originating ephemeral recordings necessary to Public Radio Stations to be considered 1 Web V is short for Webcasting V. This facilitate those transmissions for the proceeding is the fifth since Congress enacted the Public Broadcasters per this definition period commencing January 1, 2021, compulsory sound recording performance license (subject to the numerical limitations set and ending on December 31, 2025. 84 for webcasting. forth in this definition). The number of

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Originating Public Radio Stations (2) 2022: 370,000,000; Collective shall be specific to that treated per this definition as Public (3) 2023: 380,000,000; Public Broadcaster only, and shall Broadcasters shall not exceed 530 for a (4) 2024: 390,000,000; and include, without limitation, termination given year without SoundExchange’s (5) 2025: 400,000,000. of that Public Broadcaster’s right to be express written approval, except that (b) Calculation of License Fee. It is treated as a Public Broadcaster per this CPB shall have the option to increase understood that the License Fee paragraph (e) upon written notice to the number of Originating Public Radio includes: CPB. The Collective and Copyright Stations that may be considered Public (1) An annual minimum fee for each Owners also shall have whatever rights Broadcasters as provided in § 380.31(c). Public Broadcaster for each year during may be available to them against that Side Channel is any internet-only the Term; Public Broadcaster under applicable program available on an Authorized (2) Additional usage fees for certain law. The Collective’s remedies for such website or an archived program on such Public Broadcasters; and a breach or failure by an individual (3) A discount that reflects the Authorized website that, in either case, Public Broadcaster shall not include administrative convenience to the conforms to all applicable requirements termination of the rights of other Public Collective (for purposes of this subpart, under 17 U.S.C. 114. Broadcasters to be treated as Public Term is the period January 1, 2021, the term ‘‘Collective’’ refers to Broadcasters per this paragraph (e), through December 31, 2025. SoundExchange, Inc.) of receiving except that if CPB fails to pay the Website is a site located on the World annual lump sum payments that cover License Fee or otherwise fails to Wide Web that can be located by a a large number of separate entities, as perform any of the material provisions website User through a principal URL. well as the protection from bad debt that of this subpart, or such a breach or Website Performances are all public arises from being paid in advance. failure by a Public Broadcaster results performances by means of digital audio (c) Increase in Public Broadcasters. If from CPB’s inducement, and CPB does transmissions of sound recordings, the total number of Originating Public not cure such breach or failure within including the transmission of any Radio Stations that wish to make 30 days after receiving notice thereof portion of any sound recording, made website Performances in any calendar from the Collective, then the Collective through an Authorized website in year exceeds the number of such may terminate the right of all Public accordance with all requirements of 17 Originating Public Radio Stations Broadcasters to be treated as Public U.S.C. 114, from servers used by a considered Public Broadcasters in the Broadcasters per this paragraph (e) upon Public Broadcaster (provided that the relevant year, and the excess Originating written notice to CPB. In such a case, a Public Broadcaster controls the content Public Radio Stations do not wish to prorated portion of the License Fee for of all materials transmitted by the pay royalties for such website the remainder of the Term (to the extent server), or by a contractor authorized Performances apart from this subpart, paid by CPB) shall, after deduction of pursuant to § 380.31(f), that consist of CPB may elect by written notice to the any damages payable to the Collective either the retransmission of a Public Collective to increase the number of by virtue of the breach or failure, be Broadcaster’s over-the-air terrestrial Originating Public Radio Stations credited to statutory royalty obligations radio programming or the digital considered Public Broadcasters in the of Public Broadcasters to the Collective transmission of nonsubscription Side relevant year effective as of the date of for the Term as specified by CPB. Channels that are programmed and the notice. To the extent of any such (f) Use of contractors. The right to rely controlled by the Public Broadcaster; elections, CPB shall make an additional on this subpart is limited to Public provided, however, that a Public payment to the Collective for each Broadcasters, except that a Public Broadcaster may limit access to an calendar year or part thereof it elects to Broadcaster may employ the services of Authorized website, or a portion have an additional Originating Public a third Person to provide the technical thereof, or any content made available Radio Station considered a Public services and equipment necessary to thereon or functionality thereof, solely Broadcaster, in the amount of the deliver website Performances on behalf to website Users who are contributing annual minimum fee applicable to of such Public Broadcaster, but only members of a Public Broadcaster. This Noncommercial Webcasters under through an Authorized website. Any term does not include digital audio subpart B of this part for each additional agreement between a Public Broadcaster transmissions made by any other means. Originating Public Radio Station per and any third Person for such services Website Users are all those who access year. Such payment shall accompany shall: or receive website Performances or who the notice electing to have an additional (1) Obligate such third Person to access any Authorized website. Originating Public Radio Station provide all such services in accordance considered a Public Broadcaster. with all applicable provisions of the § 380.31 Royalty fees for the public (d) Allocation between ephemeral statutory licenses and this subpart; performance of sound recordings and for recordings and performance royalty (2) Specify that such third Person ephemeral recordings. fees. The Collective must credit 5% of shall have no right to make website (a) Royalty rates. The total license fee all royalty payments as payment for Performances or any other performances for all website Performances by Public Ephemeral Recordings and credit the or Ephemeral Recordings on its own Broadcasters during each year of the remaining 95% to section 114 royalties. behalf or on behalf of any Person or Term, up to the total Music ATH set All Ephemeral Recordings that a entity other than a Public Broadcaster forth in paragraphs (a)(1) through (5) of Licensee makes which are necessary through the Public Broadcaster’s this section for the relevant calendar and commercially reasonable for making Authorized website by virtue of its year, and Ephemeral Recordings made noninteractive digital transmissions are services for the Public Broadcaster, by Public Broadcasters solely to included in the 5%. including in the case of Ephemeral facilitate such website Performances, (e) Effect of non-performance by any Recordings, pre-encoding or otherwise shall be $800,000 (the ‘‘License Fee’’), Public Broadcaster. In the event that any establishing a library of sound unless additional payments are required Public Broadcaster violates any of the recordings that it offers to a Public as described in paragraph (c) of this material provisions of 17 U.S.C. 112(e) Broadcaster or others for purposes of section. The total Music ATH limits are: or 114 or this subpart that it is required making performances, but instead must (1) 2021: 360,000,000; to perform, the remedies of the obtain all necessary licenses from the

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Collective, the copyright owner or Acquisition Regulation (AIDAR) to Appendix J 4(b)(3). Subsequent two-year another duly authorized Person, as the streamline the procedures for issuing class deviations were issued for the case may be; contracting officer and agreement officer permanent CCN warrant program in (3) Specify that such third Person warrants to U.S. Personal Services September 2016 and September 2018. shall have no right to grant any Contractors (US PSCs) and Cooperating USAID published a proposed rule in sublicenses under the statutory licenses; Country National Personal Services the Federal Register at 84 FR 27745 on and Contractors (CCN PSCs). June 14, 2019, to amend the AIDAR to (4) Provide that the Collective is an DATES: This final rule is effective March allow for the designation of US PSCs intended third-party beneficiary of all 30, 2020. and CCN PSCs as contracting officers such obligations with the right to FOR FURTHER INFORMATION CONTACT: and agreement officers. The proposed enforce a breach thereof against such Anne Sattgast, Telephone: 202–916– rule’s supplementary information third Person. 2623 or Email: [email protected]. contains additional background on the designation of US PSCs and CCN PSCs SUPPLEMENTARY INFORMATION: § 380.32 Terms for making payment of as contracting and agreement officers, royalty fees and statements of account. I. Background including more details on the (a) Payment to the Collective. CPB permanent CCN warrant program and an shall pay the License Fee to the The U.S. Agency for International Development (USAID) is located in analysis of the risks associated with Collective in five equal installments of designating non-U.S. citizens as $800,000 each, which shall be due offices in over 80 countries with programs in over 100 nations. USAID contracting and agreement officers. December 31, 2020, and annually This final rule amends the AIDAR to operates in a fluid environment thereafter through December 31, 2024. streamline the procedures for issuing responding to a myriad of crises such as (b) Reporting. CPB and Public contracting officer and agreement officer war, natural disasters, epidemics, as Broadcasters shall submit reports of use warrants to US PSCs and CCN PSCs. well as working towards its long term and other information concerning Thirteen respondents submitted mission of reducing poverty, website Performances as agreed upon comments related to the proposed rule. with the Collective. strengthening democratic governance, (c) Terms in general. Subject to the and helping people emerge from II. Discussion and Analysis provisions of this subpart, terms humanitarian crises and progress USAID reviewed and considered the governing late fees, distribution of beyond assistance. public comments before the issuance of royalties by the Collective, unclaimed The Agency’s warranted work force is this final rule. No changes were made to funds, record retention requirements, critical to managing these efforts. A the proposed rule as a result of the treatment of Licensees’ confidential shortage of warranted contracting/ comments. A discussion of the information, audit of royalty payments agreement officers requires that the comments is provided below. and distributions, and any definitions Agency be able to designate highly for applicable terms not defined in this qualified US Personal Services A. General Support for the Rule subpart shall be those set forth in Contractors (US PSCs) and Cooperating Comment: Eleven of the thirteen subpart A of this part. Country National Personal Services respondents expressed explicit support Contractors (CCN PSCs) as contracting/ Dated: February 10, 2020. for the proposed rule. For example, agreement officers in an expeditious Jesse M. Feder, several respondents stated that the rule manner. The delegation of limited helps PSCs and highlights their Chief Copyright Royalty Judge. contracting/agreement officer contributions to the Agency. Several Approved by: authorities to a select number of CCN other respondents noted that the current Carla D. Hayden, PSCs will also bolster the Agency to process for securing warrants for PSCs, Librarian of Congress. succeed in terms of building long-term, which requires an exception from AA/ [FR Doc. 2020–03305 Filed 2–27–20; 8:45 am] host country technical capacity to M, was difficult and cumbersome and BILLING CODE 1410–72–P materially assist the Missions with that the improvements in the proposed procurement responsibility. rule will result in a more efficient Currently, a US PSC can be process, allowing the Agency to issue designated as a contracting officer only AGENCY FOR INTERNATIONAL warrants to PSCs in a timely manner. when a deviation from AIDAR 701.603– DEVELOPMENT Others noted that this rule will help 70 is approved; and when the Assistant address a shortage of contracting officers 48 CFR Chapter 7 Administrator for the Bureau for and is a positive change for an Management (AA/M) approves an overburdened workforce. RIN 0412–AA94 exception in accordance with AIDAR Response: USAID agrees with these Appendix D 4(b)(3)e. U.S. Agency for International comments. PSCs are an important part Additionally, the Agency currently of the Agency’s workforce. Development Acquisition Regulation allows for the delegation of certain (AIDAR): Designation of Personal limited contracting officer authorities to B. Designating CCN PSCs as Contracting Services Contractors (PSCs) as highly qualified CCN PSCs. The CCN Officers Contracting Officers and Agreement warrant program ran as a pilot from Comment: One respondent was Officers 2011–2014. The program became concerned that the delegation of warrant AGENCY: U.S. Agency for International permanent in September 2014, when CCN PSCs would be in conflict with Development. USAID issued a two-year class deviation regulations relating to inherently ACTION: Final rule. from 48 CFR AIDAR 701.603–70. In governmental functions. conjunction with the approval of the Response: USAID CCN PSCs are able SUMMARY: The U.S. Agency for class deviation, the Assistant to perform inherently governmental International Development (USAID) is Administrator for the Bureau for functions under federal law and USAID issuing a final rule amending the Management (AA/M) approved a class policy. (48 CFR) FAR subpart 7.5 Agency for International Development exception to the limitations in AIDAR exempts PSCs from the restrictions on

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