Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Library of Congress

###### Copyright Royalty Board

          - [Docket No. 2011-2 CRB NCEB II]

# 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                               ( print page 592)                            the proceeding [1]                                                  to determine the reasonable rates and terms for use of certain works in connection with noncommercial broadcasting. The Copyright Royalty Judges also are announcing the date by which a party who wishes to participate in the rate 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 Petition, 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 e-mail at                         *crb@loc.gov.*

# SUPPLEMENTARY INFORMATION:

## Background

                    Section 804(b)(6) of the Copyright Act, title 17 of the United States Code, allows a party to file with the Copyright Royalty Judges a petition to initiate a proceeding to determine reasonable rates and terms for the use of certain copyrighted works in connection with noncommercial television and radio broadcasting under 17 U.S.C. 118 every five years, starting in the year 2006. A proceeding was commenced in 2006, 71 FR 1453 (January 9, 2006); on November 30, 2007, the Judges announced the royalty rates and terms for the section 118 compulsory license for the period January 1, 2008, through December 31, 2012. 72 FR 67646 (November 30, 2007). Thus, in accordance with section 804(b)(6), 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 the proceeding for the license period 2013-2017. 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.

# Footnotes

1.                                 The prior proceeding was captioned as “NCBRA” (which stands for “Noncommercial Broadcasting Rate Adjustment”). Hereinafter, this and future proceedings will be captioned as “NCEB” (which stands for “Noncommercial Educational Broadcasting”) followed by the appropriate Roman numeral.                        
        Back to Citation      

[FR Doc. 2010-32636 Filed 1-4-11; 8:45 am]

BILLING CODE 1410-72-P