Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices 591 

1The prior proceeding was captioned as ‘‘DSTRA’’ 

(which stands for ‘‘Digital Subscription 

Transmissions Rate Adjustment’’). Hereinafter, this 

and future proceedings will be captioned as ‘‘PSS/ 

Satellite’’ (to reflect both preexisting subscription 

services (‘‘PSS’’) and satellite digital audio radio 

services (‘‘Satellite)) followed by the appropriate 

Roman numeral. 

January 26, 2009, the Judges announced 

the royalty rates and terms for the 

section 115 compulsory license. 74 FR 

4510 (January 26, 2009). Thus, in 

accordance with section 804(b)(4), a 

party may file a petition in 2011. 

However, no petition has been filed; 

consequently, section 803(b)(1)(A)(i)(V) 

requires the Judges to publish in the 

Federal Register by no later than 

January 5, 2011, a notice commencing 

this proceeding. Today’s notice fulfills 

this requirement. 

Petitions to Participate 

Petitions to Participate must be filed 

in accordance with § 351.1(b) of the 

Judges’ regulations. See 37 CFR 

351.1(b). Petitions to Participate must be 

accompanied by the $150 filing fee. 

Cash will not be accepted; therefore, 

parties must pay the filing fee with a 

check or money order made payable to 

the ‘‘Copyright Royalty Board.’’ If a 

check received in payment of the filing 

fee is returned for lack of sufficient 

funds, the corresponding Petition to 

Participate will be dismissed. 

Note that in accordance with 37 CFR 

350.2 (Representation), only attorneys 

who are members of the bar in one or 

more states and in good standing will be 

allowed to represent parties before the 

Copyright Royalty Judges, unless a party 

is an individual who represents herself 

or himself. 

Dated: December 22, 2010. 

William J. Roberts, Jr., 

U.S. Copyright Royalty Judge. 

[FR Doc. 2010–32634 Filed 1–4–11; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 2011–1 CRB PSS/Satellite II] 

Determination of Rates and Terms for 

Preexisting Subscription and Satellite 

Digital Audio Radio Services 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice announcing 

commencement of proceeding with 

request for Petitions to Participate. 

SUMMARY: The Copyright Royalty Judges 

are announcing the commencement of 

the proceeding 1 to determine the 

reasonable rates and terms for 

preexisting subscription and satellite 

digital audio radio services for the 

digital performance of sound recordings 

and the making of ephemeral recordings 

for the period beginning January 1, 

2013, and ending December 31, 2017. 

The Copyright Royalty Judges also are 

announcing the date by which a party 

who wishes to participate in the rate 

determination proceeding must file its 

Petition to Participate and the 

accompanying $150 filing fee. 

DATES: Petitions to Participate and the 

filing fee are due no later than February 

4, 2011. 

ADDRESSES: An original, five copies and 

an electronic copy in Portable 

Document Format (PDF) on a CD of the 

Petition to Participate, along with the 

$150 filing fee, may be delivered to the 

Copyright Royalty Board by either mail 

or hand delivery. Petitions to Participate 

and the $150 filing fee may not be 

delivered by an overnight delivery 

service other than the U.S. Postal 

Service Express Mail. If by mail 

(including overnight delivery), Petitions 

to Participate, along with the $150 filing 

fee, must be addressed to: Copyright 

Royalty Board, P.O. Box 70977, 

Washington, DC 20024–0977. If hand 

delivered by a private party, Petitions to 

Participate, along with the $150 filing 

fee, must be brought between 8:30 a.m. 

and 5 p.m. to the Library of Congress, 

James Madison Memorial Building, 

Room LM–401, 101 Independence 

Avenue, SE., Washington, DC 20559– 

6000. If delivered by a commercial 

courier, Petitions to Participate, along 

with the $150 filing fee, must be 

delivered between 8:30 a.m. and 4 p.m. 

to the Congressional Courier Acceptance 

Site, located at 2nd and D Street, NE., 

Washington, DC. The envelope must be 

addressed to Copyright Royalty Board, 

Library of Congress, James Madison 

Memorial Building, Room LM–403, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, CRB Program Specialist, 

by telephone at (202) 707–7658 or email at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 19, 2007, and January 

28, 2008, the Copyright Royalty Judges 

announced the rates and terms through 

December 31, 2012, for the digital 

transmission of sound recordings and 

the making of ephemeral recordings in 

furtherance of making such 

transmissions by preexisting 

subscription services and preexisting 

satellite digital audio radio services, 

respectively. 72 FR 71795 (December 19, 

2007), 73 FR 4080 (January 24, 2008). 

Section 804(b)(3)(B) of the Copyright 

Act, title 17 of the United States Code, 

requires that ‘‘[s]uch proceedings shall 

next be commenced in 2011 to 

determine reasonable terms and rates of 

royalty payments, to become effective 

January 1, 2011.’’ 17 U.S.C. 804(b)(3)(B). 

Pursuant to this provision, this notice 

commences the rate determination 

proceeding for the license period 2013– 

2017. Section 803(b)(1)(A)(i)(III) of the 

Copyright Act requires the Judges to 

publish a Federal Register notice no 

later than January 5, 2011, commencing 

this proceeding. Today’s notice fulfills 

this requirement. 

Petitions To Participate 

Petitions to Participate must be filed 

in accordance with § 351.1(b) of the 

Judges’ regulations. See 37 CFR 

351.1(b). Petitions to Participate must be 

accompanied by the $150 filing fee. 

Cash will not be accepted; therefore, 

parties must pay the filing fee with a 

check or money order made payable to 

the ‘‘Copyright Royalty Board.’’ If a 

check received in payment of the filing 

fee is returned for lack of sufficient 

funds, the corresponding Petition to 

Participate will be dismissed. 

Note that in accordance with 37 CFR 

350.2 (Representation), only attorneys 

who are members of the bar in one or 

more states and in good standing will be 

allowed to represent parties before the 

Copyright Royalty Judges, unless a party 

is an individual who represents herself 

or himself. 

Dated: December 22, 2010. 

William J. Roberts, Jr., 

U.S. Copyright Royalty Judge. 

[FR Doc. 2010–32635 Filed 1–4–11; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 2011–2 CRB NCEB II] 

Determination of Reasonable Rates 

and Terms for Noncommercial 

Broadcasting 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice announcing 

commencement of proceeding with 

request for Petitions to Participate. 

SUMMARY: The Copyright Royalty Judges 

are announcing the commencement of 


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