Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 46469 

1The ‘‘Phase I Parties’’ are the Program Suppliers, 

Joint Sports Claimants, Public Television 

Claimants, the National Association of 

Broadcasters, the American Society of Composers, 

Authors and Publishers, Broadcast Music, Inc., 

SESAC, Inc., Canadian Claimants, National Public 

Radio, and the Devotional Claimants. 

for the retransmission to cable 

subscribers of over-the-air television 

and radio broadcast signals. See 17 

U.S.C. 111(d). These royalties are then 

distributed to copyright owners whose 

works were included in a qualifying 

transmission and who timely filed a 

claim for royalties. Allocation of the 

royalties collected occurs in one of two 

ways. In the first instance, these funds 

will be distributed through a negotiated 

settlement among the parties. 17 U.S.C. 

111(d)(4)(A). If the claimants do not 

reach an agreement with respect to the 

royalties, the Copyright Royalty Judges 

(‘‘Judges’’) must conduct a proceeding to 

determine the distribution of any 

royalties that remain in controversy. 17 

U.S.C. 111(d)(4)(B). 

On August 12, 2009, representatives 

of the Phase I claimant categories (the 

‘‘Phase I Parties’’) 1 filed with the Judges 

a motion requesting a partial 

distribution of 50% of the 2007 cable 

royalty funds. Under section 

801(b)(3)(C) of the Copyright Act, the 

Judges must publish a notice in the 

Federal Register seeking responses to 

the motion for partial distribution to 

ascertain whether any claimant entitled 

to receive such fees has a reasonable 

objection to the requested distribution 

before ruling on the motion. 

Consequently, by today’s Notice, the 

Judges seek comments from interested 

claimants on whether any reasonable 

objection exists that would preclude the 

distribution of 50% of the 2007 cable 

royalty funds to the Phase I Parties. 

The Judges also seek comment on the 

existence and extent of any 

controversies to the 2007 cable royalty 

funds at Phase I with respect to the 50% 

of those funds that would remain if the 

partial distribution is granted. In Phase 

I of a cable royalty distribution, royalties 

are distributed to certain categories of 

broadcast programming that have been 

retransmitted by cable systems. The 

categories have traditionally been 

movies and syndicated television series, 

sports programming, commercial and 

noncommercial broadcaster-owned 

programming, religious programming, 

music, public radio programming, and 

Canadian programming. In Phase II of a 

cable royalty distribution, royalties are 

distributed to claimants within each of 

the Phase I categories. 

The Judges must be advised of the 

existence and extent of all Phase I 

controversies by the end of the comment 

period. It will not consider any 

controversies that come to their 

attention after the close of that period. 

The Motion of the Phase I Claimants 

for Partial Distribution is posted on the 

Copyright Royalty Board Web site at 

http://www.loc.gov/crb. 

Dated: September 3, 2009. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. E9–21685 Filed 9–8–09; 8:45 am] 

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NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[NOTICE 09–078] 

Notice of Intent To Grant Partially 

Exclusive License 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Notice of intent to grant a 

partially exclusive license. 

SUMMARY: This notice is issued in 

accordance with 35 U.S.C. 209(c)(1) and 

37 CFR 404.7(a)(1)(i). NASA hereby 

gives notice of its intent to grant a 

worldwide partially exclusive license to 

practice the inventions described and 

claimed in NASA Case Numbers LAR– 

16571–2 entitled ‘‘Magnetic Field 

Response Sensor for Conductive 

Media,’’ U.S. Patent Application 

Number 11/421,886; LAR–16571–3 

entitled ‘‘Magnetic Field Response 

Sensor for Conductive Media,’’ U.S. 

Patent Application Number 12/533,520; 

LAR–16974–1 entitled ‘‘Flexible 

Framework for Capacitive Sensing,’’ 

U.S. Patent Number 7,047,807 B2; LAR– 

17116–1 entitled ‘‘System and Method 

for Wirelessly Determining Fluid 

Volume,’’ U.S. Patent Number 7,506,541 

B2; LAR–17155–1 entitled ‘‘Wireless 

Fluid Level Measuring System,’’ U.S. 

Patent Number 7,255,004 B2; LAR– 

17294–1 entitled ‘‘Wireless Sensing 

System Using Open-Circuit, ElectricallyConductive Spiral-Trace Sensor,’’ U.S. 

Patent Application Number 11/671,089; 

LAR–17480–1 entitled ‘‘Method of 

Calibrating a Fluid-Level Measurement 

System,’’ U.S. Patent Application 

Number 11/930,222; LAR–17480–1–PCT 

entitled ‘‘Method of Calibrating a FluidLevel Measurement System,’’ PCT 

Patent Application Number PCT/US08/ 

58332; LAR–17488–1 entitled ‘‘Wireless 

Sensing System for Non-Invasive 

Monitoring of Attributes of Contents in 

a Container,’’ U.S. Patent Application 

Number 12/015,626; and LAR–17488– 

1–PCT entitled ‘‘Wireless Sensing 

System for Non-Invasive Monitoring of 

Attributes of Contents in a Container,’’ 

PCT Patent Application Number PCT/ 

US08/51258 to Kelvin International 

Corporation having its principal place of 

business in Newport News, Virginia. 

The field of use may be limited to 

cryogenic liquid product applications 

including flow, level, and fluid 

measurement applications. The patent 

rights have been assigned to the United 

States of America as represented by the 

Administrator of the National 

Aeronautics and Space Administration. 

The prospective partially exclusive 

license will comply with the terms and 

conditions of 35 U.S.C. 209 and 37 CFR 

404.7. 

DATES: The prospective partially 

exclusive license may be granted unless, 

within fifteen (15) days from the date of 

this published notice, NASA receives 

written objections including evidence 

and argument that establish that the 

grant of the license would not be 

consistent with the requirements of 35 

U.S.C. 209 and 37 CFR 404.7. 

Competing applications completed and 

received by NASA within fifteen (15) 

days of the date of this published notice 

will also be treated as objections to the 

grant of the contemplated exclusive 

license. 

Objections submitted in response to 

this notice will not be made available to 

the public for inspection and, to the 

extent permitted by law, will not be 

released under the Freedom of 

Information Act, 5 U.S.C. 552. 

ADDRESSES: Objections relating to the 

prospective license may be submitted to 

Patent Counsel, Office of Chief Counsel, 

NASA Langley Research Center, MS 

141, Hampton, VA 23681; (757) 864– 

9260 (phone), (757) 864–9190 (fax). 

FOR FURTHER INFORMATION CONTACT: 

Robin W. Edwards, Patent Attorney, 

Office of Chief Counsel, NASA Langley 

Research Center, MS 141, Hampton, VA 

23681; (757) 864–3230; Fax: (757) 864– 

9190. Information about other NASA 

inventions available for licensing can be 

found online at http:// 

techtracs.nasa.gov/. 

Dated: September 2, 2009. 

Richard W. Sherman, 

Deputy General Counsel. 

[FR Doc. E9–21666 Filed 9–8–09; 8:45 am] 

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