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[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7590-7591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2940]

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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2008-2 CRB CD 2000-2003 (Phase II)]

Distribution of 2000, 2001, 2002, and 2003 Cable Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice announcing commencement of Phase II proceeding with 
request for Petitions to Participate.

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SUMMARY: The Copyright Royalty Judges are announcing the commencement 
of a proceeding to determine the Phase II distribution of 2000, 2001, 
2002, and 2003 royalties collected under the cable statutory license. 
The Judges are also announcing the date by which a party who wishes to 
participate in this distribution proceeding must file its Petition to 
Participate and the accompanying $150 filing fee, if applicable.

DATES: Petitions to Participate and the filing fee are due on or before 
March 14, 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 to the Library of Congress, James Madison Memorial Building, 
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, if applicable, must be delivered 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, 
LM-403, 101 Independence Avenue, SE., Washington, DC 20559-6000.

FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program 
Specialist, by telephone at (202) 707-7658, or e-mail at crb@loc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Each year, semiannually, cable systems must submit royalty payments 
to the Copyright Office as required by the cable statutory license for 
the privilege of retransmitting over-the-air television and radio 
broadcast signals. 17 U.S.C. 111. These royalties are then distributed 
to copyright owners whose works were included in such retransmissions 
and who timely filed a claim for royalties. Distribution of the 
royalties for each calendar year are determined by the Copyright 
Royalty Judges (``Judges'') in two phases. At Phase I, the royalties 
are divided among the representatives of the major categories of 
copyrightable content (movies, sports programming, music, etc.) 
requesting the distribution. At Phase II, the royalties are divided 
among the various copyright owners within each category.
    The Judges published their final determination regarding the Phase 
I

[[Page 7591]]

distribution of the 2000-2003 cable royalties on May 12, 2010. 75 FR 
26798. Thus, this Notice announcing the commencement of a proceeding 
under 17 U.S.C. 803(b)(1) for distribution of cable royalties collected 
for 2000, 2001, 2002, and 2003 is confined to Phase II.

Commencement of Phase II Proceeding

    Consistent with 17 U.S.C. 804(b)(8), the Copyright Royalty Judges 
determine that a Phase II controversy exists as to the distribution of 
the 2000, 2001, 2002, and 2003 cable royalties. We reach this 
determination based on a Motion to Initiate Phase II Proceedings by the 
Joint Sports, Program Suppliers, and Devotional Claimants, three Phase 
I claimant groups, filed with the Judges on January 14, 2011. The 
Motion states that ``[n]o pending controversies exist with respect to 
Phase I. However, controversies continue to exist with regard to Phase 
II in the devotional, sports, and syndicated programming categories. 
For example, one party, Independent Producers Group (`IPG'), claims 
that it represents copyright owners with [unresolved] Phase II claims 
in each of these categories.'' Motion at 1. The Motion further states 
that ``[t]he Phase I Parties are also aware of other ongoing Phase II 
controversies, including ongoing Phase II controversies in the 
syndicated programming category between the MPAA-represented Program 
Suppliers and the NAB-represented Program Suppliers as to the 2000, 
2001, 2002, and 2003 royalty years, and between the MPAA-represented 
Program Suppliers and Home Shopping Network (`HSN') for the 2002 and 
2003 royalty years.'' Motion at 2. The Motion requests that the Judges 
commence a Phase II proceeding to resolve all outstanding Phase II 
controversies.\1\ In light of the outstanding Phase II controversies 
with respect to cable royalties for 2000, 2001, 2002, and 2003, the 
Motion is granted.
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    \1\ IPG filed an untimely response to the Motion on January 27, 
2011. See 37 CFR 350.4(f) (oppositions to motions shall be filed 
within five business days of the filing of the motion).
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Petitions To Participate

    Petitions to Participate must be filed in accordance with 37 CFR 
351.1(b)(2). Petitions to Participate submitted by interested parties 
whose claims do not exceed $1,000 must contain a statement that the 
party will not seek a distribution of more than $1,000.\2\ No filing 
fee is required for these parties. A party whose claim(s) exceed $1,000 
must submit a filing fee of $150 with its Petition to Participate or 
the Petition will be rejected. The filing fee must be paid by check or 
money order payable to the ``Copyright Royalty Board.'' If a check is 
returned for insufficient funds, the corresponding Petition to 
Participate will be dismissed. In accordance with 37 CFR 350.2 
(Representation), all parties, other than individuals, must be 
represented by an attorney.
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    \2\ The Copyright Royalty Judges Program Technical Corrections 
Act, Public Law 109-303, changed the amount from $10,000 to $1,000.
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    Further procedural matters, including scheduling, will be addressed 
after Petitions to Participate have been received.

    Dated: February 3, 2011.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. 2011-2940 Filed 2-9-11; 8:45 am]
BILLING CODE 1410-72-P
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