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Federal Register/Vol. 80, No. 187

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Federal Register/Vol. 80, No. 187 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 58201 airspace extending upward from 1,200 feet noncommercial educational webcasters for services electing the proxy fee in lieu above the surface bounded by a line (NEWs) over the internet, and related of the census reporting option provided beginning at lat. 46°30′29″ N., long. ° ′ ″ ° ′ ″ ephemeral recordings. The Judges in 37 CFR 380.23(g)(1). See Proposed 124 06 51 W.; to lat. 46 30 29 N., long. published the proposed settlement and Rule 37 CFR 380.22(g)(1).3 A NEW 120°29′40″ W.; to lat. 45°42′49″ N., long. requested comments from the public.2 121°06′03″ W.; to lat. 44°15′10″ N., long. electing the reporting waiver in 37 CFR 121°18′13″ W.; to lat. 44°29′59″ N., long. For the reasons discussed below, the 380.23(g)(1) must pay a $100 annual 123°17′38″ W.; to lat. 44°29′59″ N., long. Judges hereby adopt the proposed proxy fee to the Collective. Proposed 124°08′036″ W. to a point 3 miles offshore; settlement, with the exception of a Rule 37 CFR 380.22(a). thence along a line 3 miles offshore to the single provision that would identify Comment Summary point of beginning. SoundExchange as the designated Issued in Seattle, Washington, on Collective for the upcoming license The Judges received nearly 60 September 21, 2015. period. The Judges defer designation of comments—some supporting and some Christopher Ramirez, the Collective for the upcoming opposing adoption of the Settlement—in licensing period until the conclusion of response to their request for comments Manager, Operations Support Group, Western Service Center. the proceeding. published in the Federal Register. Many of the comments appeared to be form [FR Doc. 2015–24434 Filed 9–25–15; 8:45 am] Background letters; hence, the number of BILLING CODE 4910–13–P The proposed SoundExchange/CBI commenters exceeded the number of settlement (Settlement) generally substantive comments. Some of the continues in effect, with certain comments came from affiliated entities. LIBRARY OF CONGRESS adjustments, the extant rates for eligible The Judges considered the views of all NEWs that were codified in 37 CFR part commenters in reaching their decision Copyright Royalty Board 380 Subpart C. The Judges adopted and all comments are posted to the those rates and terms pursuant to CRB’s Web site. The Judges discuss 37 CFR Part 380 Section 801(b)(7)(A) of the Act as part illustrative examples here. [Docket No. 2014–CRB–0001–WR (2016– of the prior webcasting determination. 2020) (Web IV)] See Digital Performance Right in Sound Comments Supporting Adoption of the Recordings and Ephemeral Recordings, Settlement Digital Performance Right in Sound 76 FR 13026 (Web-III). In its comment supporting adoption Recordings and Ephemeral Under the proposed Settlement, an of the joint proposal, CBI noted that the Recordings eligible NEW would pay a $500 annual Settlement contains fee for each of the individual channels, the same terms that NEWs have been AGENCY: Copyright Royalty Board, side channels, or stations through which Library of Congress. successfully using for several years to comply it makes Eligible Transmissions. with the statutory license for webcasting ACTION: Final rule. Proposed Rule 37 CFR 380.22(a). The copyright works. Keeping these rates and $500 fee would also serve as the terms in place will prevent disruption of SUMMARY: The Copyright Royalty Judges minimum fee for eligible NEWs. All their operation and ensure the publish final regulations that set the other NEWs would pay the royalties noncommercial educational webcasters rates and terms for the digital established under Part 380 Subpart A [remain able to provide] creators of musical performances of sound recordings by applicable to noncommercial recordings access to the noncommercial certain noncommercial educational webcasters. Proposed Rule 37 CFR educational listener market. webcasters and for the making of 380.22(c). Comment by College Broadcasters, Inc. ephemeral recordings necessary to To qualify for the rates under the in Support of Adopting The Joint facilitate those transmissions for the Settlement, a NEW’s total monthly per Settlement Between College period commencing January 1, 2016, channel or per station transmissions Broadcasters, Inc. and SoundExchange and ending on December 31, 2020. must remain below 159,140 aggregate at 1 (Nov. 26, 2014) (CBI Comment). DATES: Effective: January 1, 2016. tuning hours (ATH). If a NEW’s CBI further noted that FOR FURTHER INFORMATION CONTACT: transmissions exceed that threshold, the [T]he current Settlement continues LaKeshia Keys, Program Specialist, at NEW must pay royalties for the relevant essentially the same recordkeeping terms that (202) 707–7658, or at [email protected]. month, and for the remainder of the have been integral for NEWs to be able to SUPPLEMENTARY INFORMATION: The relevant year, in accordance with the comply with the statutory license. In Copyright Royalty Judges (Judges) otherwise applicable noncommercial particular, these recordkeeping terms include received a joint motion from rates to be determined in this an optional proxy fee, which allows NEWs to proceeding. In subsequent years, a NEW pay an additional $100 in lieu of complying SoundExchange, Inc. (SoundExchange), with ordinarily-applicable recordkeeping and College Broadcasters, Inc. (CBI) in that wishes to pay the rates under the Settlement must take affirmative steps rules, which are frequently impossible for which they announced a partial NEWs to comply with due to their more settlement of the above proceeding for not to exceed the 159,140 ATH limited budgets, older broadcasting certain internet transmissions by college threshold. Proposed Rule 37 CFR technology, and other operational radio stations and other noncommercial 380.22(b). limitations. [T]he new Settlement makes this webcasters.1 SoundExchange and CBI Commercial webcasters are required extremely necessary reporting option requested that the Judges adopt their to make detailed, census reports of all available for more stations than the previous agreement as a partial settlement of rates sound recordings they transmit. NEWs one did. It also continues to provide with limited listenership may pay the recordkeeping relief for those stations whose and terms under Section 112(e) and 114 audience size makes them ineligible for this of the Copyright Act (Act) for eligible Collective a proxy fee to avoid the nonsubscription transmissions by burden of census reporting. The Settlement increases the listenership 3 The Settlement also ‘‘makes a handful of further minor changes to the current rates and terms for 1 Joint Motion to Adopt Partial Settlement, Docket cap (from 55,000 ATH to 80,000 ATH) NEWs.’’ [SoundExchange’s] Comments Concerning No. 2014–CRB–0001–WR (2016–2020) (Oct. 7, Proposed Settlement at n.1 (Nov. 26, 2014) 2014) (Joint Motion). 2 See 79 FR 65609 (Nov. 5, 2014). (SoundExchange Comments). VerDate Sep<11>2014 17:11 Sep 25, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\28SER1.SGM 28SER1 tkelley on DSK3SPTVN1PROD with RULES 58202 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations proxy option by allowing them to provide 0.5% noncommercial. Other rates WHRB—a participant in the recordkeeping data consistent with what is should be determined before such an proceeding—highlights certain feasible for them to produce. [T]his insignificant agreement should be ‘‘inadvertent drafting anomalies’’ in the Settlement also leaves room for webcasters to considered.’’ Dayton Public School proposal, which, if uncorrected, ‘‘might grow without fear that if they inadvertently District Comment (Nov. 26, 2014). grow even the tiniest bit too large they will render the proposed rates inapplicable suddenly incur recordkeeping requirements Dayton also claims that the proposed to WHRB’s simulcast stream.’’ WHRB’s that are impossible to comply with without rates in the Settlement are higher than Comments on SX–CBI Rate Proposal at first making a significant and unaffordable those paid by the Corporation for Public 1 (Nov. 27, 2014) (WHRB Comment). In investment in their station technology and Broadcasting-qualified webcasters and particular, WHRB notes that the operations. those paid by Live365 in 2009 and 2010. proposed provision addressing the CBI Comment at 3–4. Accordingly, according to Dayton, the certification requirement would CRB ‘‘needs to determine all eliminate the word ‘‘officer’’ and WSOU Seton Hall University—not a noncommercial ‘willing buyer-willing participant in the proceeding—stated: substitute ‘‘representative of the sellers’ before approving the rate in the applicable educational institution.’’ Id. Since the current agreement has been in CBI/SoundExchange Settlement.’’ at 1–2. According to WHRB, the existing place for several years and has worked to the Id. wording authorizes ‘‘student officers of satisfaction of a large number of college Dayton further contends that the the corporation with personal stations, it is prudent to extend that fair and payment of a proxy fee in lieu of successful arrangement into the future. The knowledge of the facts to certify usage.’’ proposed settlement is affordable for our reporting requirements precludes Id. at 2. Yet, none of these student station, easily implementable, and relieves accurate allocation of royalties to the officers ‘‘sits as a representative of the WSOU from burdensome reporting artists that earned them. President and Fellows of Harvard requirements while allowing royalties to be Lastly, Dayton argues that ‘‘[m]any, if College.’’ Although WHRB has a faculty paid to the rightful recipients. not most, of the web streams covered adviser, he is not broadly involved in WSOU Comment at 1 (Nov. 17, 2014). under the CBI agreement would be from the operations of the radio station so as public [entities] like public schools, to be able to certify under proposed Wayne State College—also a community colleges, and State colleges/ nonparticipant—stated: Section 380.23(f)(9).
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