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

1The 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. 

1Notice of United States Postal Service of Filing 

a Functionally Equivalent Global Reseller 

Expedited Package Negotiated Service Agreement 

and Application For Non-Public Treatment of 

Materials Filed Under Seal, December 28, 2010 

(Notice). 

2Notice of the United States Postal Service of 

Filing a Signed Global Reseller Expedited Package 

Negotiated Service Agreement, December 29, 2010 

(Signed Contract Notice). 

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 email 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. 

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

BILLING CODE 1410–72–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. CP2011–55; Order No. 633] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add an additional Global Reseller 

Expedited Package contract to the 

competitive product list. This notice 

addresses procedural steps associated 

with the filing. 

DATES: Comments are Due: January 10, 

2011. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. Commenters who cannot 

submit comments electronically should 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section 

for advice on filing alternatives. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at stephen.sharfman@prc.gov or 202– 

789–6824. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Notice of Filing 

III. Ordering Paragraphs 

I. Introduction 

On December 28, 2010, the Postal 

Service filed a notice announcing that it 

intends to enter into an additional 

Global Reseller Expedited Package 

(GREP) contract.1 The Postal Service 

noted that: 

Although both parties have yet to sign the 

agreement filed in this docket, the course of 

negotiations and the timing of this filing in 

relation to other filings have led the Postal 

Service to submit the agreement in its present 

state. The agreement is expected to be 

executed soon. The Postal Service will 

supplement this filing once the agreement is 

executed, and will advise of any substantive 

changes to the text. 

Notice at 1 n.2. The Postal Service filed 

the executed contract on December 29, 

2010.2 The Postal Service believes that 

the instant contract is functionally 

equivalent to the previously submitted 

GREP contract, and is supported by 

Governors’ Decision No. 10–1, attached 

to the Notice and originally filed in 

Docket No. CP2010–36. Id. at 1, 

Attachment 3. The Notice explains that 

Order No. 445, which established GREP 

Contracts 1 as a product, also authorized 

functionally equivalent agreements to be 

included within the product, provided 

that they meet the requirements of 39 

U.S.C. 3633. Id. at 1–2. Additionally, the 

Postal Service requested to have the 

contract in Docket No. CP2010–36 serve 

as the baseline contract for future 

functional equivalence analyses of the 

GREP Contracts 1 product. 

The instant contract. The Postal 

Service filed a draft contract in this case 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices 593 

3The fully executed contract was filed as 

Attachment 1 to the Signed Contract Notice. 

1Notice of United States Postal Service of Filing 

a Functionally Equivalent Global Expedited 

Package Services 3 Negotiated Service Agreement 

and Application for Non-Public Treatment of 

Materials Filed under Seal, December 28, 2010; 

Notice of the United States Postal Service of Errata 

to Notice of Filing a Functionally Equivalent Global 

Expedited Package Services 3 Negotiated Service 

Agreement and Application for Non-Public 

Treatment of Materials Filed Under Seal (together, 

Notice). 

2Notice of the United States Postal Service of 

Filing a Signed Global Expedited Package Services 

3 Negotiated Service Agreement, December 29, 

2010, at 1 (Revised Notice). 

3Notice at 1, Attachment 3; see Decision of the 

Governors of the United States Postal Service on the 

Establishment of Prices and Classifications for 

Global Expedited Package Services Contracts, 

Continued 

pursuant to 39 CFR 3015.5 with its 

Notice. The Postal Service then filed the 

fully executed contract one day later. 

The Postal Service contends that the 

contract is in accordance with Order No. 

445. The term of the contract is 

currently set at 5 calendar years from 

the date the Postal Service notifies the 

customer that it is willing to accept mail 

under the contract terms and all 

necessary regulatory approvals have 

been received. Signed Contract Notice, 

Attachment 1 at 8. The contract start 

date may be no earlier than February 17, 

2011. The contract may also be 

terminated by either party on not less 

than 30 days’ written notice. Id. 

In support of its Notice, the Postal 

Service filed four attachments as 

follows: 

• Attachment 1—a redacted copy of 

the draft contract and an applicable 

annex; 3

• Attachment 2—a certified statement 

required by 39 CFR 3015.5(c)(2); 

• Attachment 3—a redacted copy of 

Governors’ Decision No. 10–1 which 

establishes prices and classifications for 

GREP contracts, a description of 

applicable GREP contracts, formulas for 

prices, an analysis of the formulas, and 

certification of the Governors’ vote; and 

• Attachment 4—an application for 

non-public treatment of materials to 

maintain redacted portions of the 

contract and supporting documents 

under seal. 

The Notice advances reasons why the 

GREP contract fits within the Mail 

Classification Schedule language for 

GREP Contracts 1. The Postal Service 

identifies customer-specific information 

and general contract terms that 

distinguish the contract from the 

baseline GREP agreement. It states that 

the contract differs from the contract in 

Docket No. CP2010–36 pertaining to 

customer-specific information, e.g., 

customer’s name, address, 

representative, signatory, term, 

provisions for mail tender options, 

applicable discounts, notice of postage 

changes, minimum revenue, as well as 

several other conditions. Id. at 4–6. The 

Postal Service states that the differences, 

which include price variations based on 

updated costing information, do not 

alter the contract’s functional 

equivalency. Id. at 3–4. The Postal 

Service asserts that ‘‘[b]ecause the 

agreement incorporates the same cost 

attributes and methodology, the relevant 

characteristics of this GREP contract are 

similar, if not the same, as the relevant 

characteristics of the contract filed in 

Docket No. CP2010–36.’’ Id. at 4. 

The Postal Service concludes that its 

filings demonstrate that the new GREP 

contract complies with the requirements 

of 39 U.S.C. 3633 and is functionally 

equivalent to the baseline GREP 

contract. It states that the differences do 

not affect the services being offered or 

the fundamental structure of the 

contract. Therefore, it requests that the 

instant contract be included within the 

GREP Contracts 1 product. Id. at 6. 

II. Notice of Filing 

The Commission establishes Docket 

No. CP2011–55 for consideration of 

matters related to the Postal Service’s 

Notice and Signed Contract Notice. 

Interested persons may submit 

comments on whether the Postal 

Service’s filings are consistent with the 

policies of 39 U.S.C. 3632, 3633, or 3642 

no later than January 10, 2011. The 

public portions of these filings can be 

accessed via the Commission’s Web site 

(http://www.prc.gov). 

The Commission appoints Paul L. 

Harrington to serve as Public 

Representative in the above-captioned 

proceeding. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. CP2011–55 for consideration of 

matters raised by the Postal Service’s 

Notice and Signed Contract Notice. 

2. Comments by interested persons in 

this proceeding are due no later than 

January 10, 2011. 

3. Pursuant to 39 U.S.C. 505, Paul L. 

Harrington is appointed to serve as the 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in this 

proceeding. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2010–33315 Filed 1–4–11; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

[Docket No. CP2011–54; Order No. 631] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add a Global Expedited Package 

Services 3 contract to the competitive 

product list. This notice addresses 

procedural steps associated with the 

filing. 

DATES: Comments are Due: January 10, 

2011. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. Commenters who cannot 

submit comments electronically should 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section 

for advice on filing alternatives. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at stephen.sharfman@prc.gov or 202– 

789–6824. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Notice of Filing 

III. Ordering Paragraphs 

I. Background 

On December 28, 2010, the Postal 

Service filed a notice announcing that it 

intends to enter into an additional 

Global Expedited Package Services 3 

(GEPS 3) contract.1 In its initial filing, 

the Postal Service included a draft of the 

contract, noting that a final agreement 

would be executed soon. Id. at 1 n.2. On 

December 29, 2010, the Postal Service 

submitted a redacted signed copy of the 

contract, replacing the draft version 

originally filed in the Notice.2 The 

Postal Service also submitted a 

nonpublic version of the signed 

agreement separately under seal, also 

substituting the version originally filed. 

Revised Notice at 1–2. 

GEPS contracts provide incentives for 

businesses that mail products directly to 

foreign destinations using Express Mail 

International, Priority Mail 

International, or both. Notice at 4. The 

Postal Service asserts that the instant 

contract is supported by Governors’ 

Decision No. 08–7, which is attached to 

the Notice and was originally filed in 

Docket No. CP2008–4.3


jlentini on DSKJ8SOYB1PROD with NOTICES