50114 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices 

1See Notice Requesting Comments, 70 FR 46193 

(Aug. 9, 2005), Docket 2005–2 CRB SD 2001–2003; 

Notice Requesting Comments, 73 FR 5597 (Jan. 30, 

2008), Docket 2008–5 CRB SD 1999–2000; Notice 

Requesting Comments, 75 FR 4423 (Jan. 27, 2010) 

Docket 2010–2 CRB SD 2004–2007; Notice 

Requesting Comments, 75 FR 66799 (Oct. 29, 2010), 

Docket 2010–7 CRB SD 2008); Notice Requesting 

Comments, 76 FR 55123 (Sept. 6, 2011), Docket 

2011–8 CRB SD 2009. 

proceedings for years 2006 through 

2009. 

Independent Producers Group (IPG) 

objected to the motion, citing 

unresolved distribution of royalties 

deposited for royalty years antedating 

2004 and asserting that the earlier 

distributions should be completed 

before initiating a proceeding for the 

funds at issue in this proceeding. In the 

interim, between the Joint Motion and 

this notice, the Judges have resolved or 

scheduled for resolution all issues 

remaining in the earlier proceedings. 

IPG’s objection to initiating this Phase II 

proceeding is not persuasive as it is no 

longer germane. 

In light of the outstanding Phase II 

controversies with respect to cable 

royalties for 2004 to 2009, inclusive, the 

Judges hereby grant the Joint Motion, 

initiating a Phase II proceeding and 

consolidating all extant proceedings 

relating to cable royalties for the years 

2004 through 2009, inclusive, for 

resolution under the docket number 

noted above. 

Petitions To Participate 

Any interested party must file a 

Petition to Participate (PTP) in 

accordance with 37 CFR 351.1(b)(2). 

PTPs 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. The Judges will accept PTPs for 

claims not exceeding $1,000 without a 

filing fee. The Judges will reject the PTP 

of any party asserting a claim in excess 

of $1,000 that is not accompanied by the 

filing fee of $150. 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. 

To participate in this Phase II 

proceeding, a party, other than an 

individual, must be represented by an 

attorney. 

The Judges will address scheduling 

and further procedural matters after 

Petitions to Participate are filed. 

Dated: August 12, 2013. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

[FR Doc. 2013–19891 Filed 8–15–13; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Dockets No. 2012–7 CRB SD 2000–2009; 

2008–5 CRB SD 1999–2000] 

Distribution of 1999, 2000, 2001, 2002, 

2003, 2004, 2005, 2006, 2007, 2008, and 

2009 Satellite Royalty Funds 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice announcing 

commencement of Phase II distribution 

proceeding and request for Petitions to 

Participate. 

SUMMARY: The Copyright Royalty Judges 

(Judges) announce the commencement 

of a proceeding to determine the Phase 

II distribution of royalties deposited by 

satellite carriers for a statutory license to 

retransmit over-the-air television 

broadcast stations. A party wishing to 

participate in this distribution 

proceeding must file its Petition to 

Participate and the accompanying $150 

filing fee, if applicable, by the deadline 

announced in this notice. 

DATES: Petitions to Participate are due 

on or before September 16, 2013. 

ADDRESSES: Participants must submit a 

Petition to Participate in a hard-copy 

original, with five paper copies and an 

electronic copy in Portable Document 

Format (PDF) on a Compact Disc, along 

with the $150 filing fee, to the Copyright 

Royalty Board by either mail or hand 

delivery. Participants MAY NOT submit 

Petitions to Participate and the $150 

filing fee by an overnight delivery 

service other than the U.S. Postal 

Service Express Mail. If participants 

choose to use U.S. Postal Service 

(including overnight delivery), they 

must address their submissions to: 

Copyright Royalty Board, P.O. Box 

70977, Washington, DC 20024–0977. If 

participants choose hand delivery by a 

private party, they must deliver the 

submissions to the Library of Congress, 

James Madison Memorial Building, LM– 

401, 101 Independence Avenue SE., 

Washington, DC 20559–6000. If 

participants choose delivery by a 

commercial courier, they must deliver 

the submissions 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 Keys, CRB Program Specialist, 

by telephone at (202) 707–7658 or email 

at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Twice each calendar year, satellite 

carriers must deposit royalty payments 

with the Copyright Office for the 

statutory license granting the privilege 

of retransmitting over-the-air television 

broadcast stations. See 17 U.S.C. 

119(b)(1)(B). These royalties are then 

distributed to copyright owners whose 

works were retransmitted and who 

timely filed a claim for royalties. 

The royalties for each calendar year at 

issue are distributed in two phases. At 

Phase I, the royalties are divided among 

representatives of categories of 

copyrightable content (e.g., movies, 

music, and sports programming). At 

Phase II, the royalties are divided among 

the various copyright owners within 

each category. If all participants agree to 

a proposed distribution of royalties 

deposited in any given royalty year, the 

Judges may approve the settlement and 

authorize disbursement. If, however, the 

participants identify a controversy as to 

the proper distribution, either at Phase 

I or Phase II, the Judges are required to 

conduct a proceeding under chapter 8 of 

the Copyright Act. See 17 U.S.C. 

119(b)(4)(B). 

For each of the royalty years at issue 

in this proceeding, the Judges have 

published in the Federal Register a 

notice requesting comments as to the 

existence of controversies regarding 

distribution of the funds.1 In each 

instance, the Judges received and 

considered comments and ordered 

partial distribution of satellite royalties. 

Participants with a contested claim to 

each prior year’s distribution now seek 

initiation of a consolidated Phase II 

proceeding to resolve all remaining 

controversies regarding the royalty 

funds that the Copyright Office retains. 

On August 29, 2012, representatives 

of certain Phase I categories of claimants 

filed a Joint Motion to Initiate Phase II 

Proceedings for the Distribution of the 

2000, 2001, 2002, 2003, 2004, 2005, 

2006, 2007, 2008, and 2009 Satellite 

Royalty Funds (Joint Motion). The 

parties making the request are: Joint 

Sports Claimants (JSC), Program 

Suppliers, Devotional Claimants, 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices 50115 

2See Order dated June 19, 2013 in 2008–5 CRB 

SD 1999–2000. 3See 17 U.S.C. 803(b)(2)(D)(ii). 

Broadcasters Claimants Group (BCG), 

and the ‘‘Music Claimants’’ consisting of 

Broadcast Music, Inc. (BMI), American 

Society of Composers, Authors & 

Publishers (ASCAP), and SESAC, Inc. 

(collectively, Phase I Parties). 

Independent Producers Group (IPG) 

opposed the Joint Motion on the 

grounds that: (i) a proceeding for 2000– 

2009 funds should not be commenced 

before resolution of all controversies 

relating to 1997 to 1999 Satellite funds, 

and (ii) combining ten years’ issues 

would present an overwhelmingly 

difficult task for counsel and the Judges. 

The Phase I Parties replied that IPG had 

not presented a compelling reason to 

either delay the proceeding or to 

bifurcate the proposed royalty year 

aggregation. 

With respect to the 1999 funds, after 

the conclusion of a protracted California 

state lawsuit initiated by IPG, the Judges 

resolved all remaining issues, except 

allocation of devotional programming 

funds.2 To the extent IPG’s chronology 

argument had any weight, that weight is 

now lifted by the inclusion of the 1999 

satellite controversy asserted by IPG in 

this proceeding. 

Similarly, with respect to the issue of 

consolidating a decade’s distributions, 

the Judges are confident that, after threeto 14- years of discussion, negotiation, 

and professional courtesies, what 

remains for judicial consideration is a 

manageable array of questions, both for 

counsel representing the parties and for 

the Judges. Further, the statutory 

calendar for distribution proceedings 

provides ample time for discovery, 

continuing negotiation, and possible 

settlement of remaining controversies. 

No party questioned the existence of 

controversies relating to the satellite 

funds at issue. IPG’s objections to 

commencement of the proceeding and 

to the aggregation of the royalty years 

for determination are not persuasive. 

The Judges, therefore, hereby announce 

the commencement of a Phase II 

distribution proceeding for satellite 

royalties deposited between 1999 and 

2009, inclusive, pursuant to 17 U.S.C. 

803(b)(1) and request Petitions to 

Participate (PTP) from interested 

parties. 

The assigned Docket Number for this 

consolidated proceeding shall be 2012– 

7 CRB SD 1999–2009 (Phase II). To 

participate in this Phase II proceeding, 

a party, other than an individual, must 

be represented by an attorney. 

Petitions To Participate 

Parties in interest must file PTPs in 

accordance with 37 CFR 351.1(b). 

Interested parties asserting claims in 

excess of $1,000 must include with the 

PTP a filing fee of $150 in the form of 

check or money order payable to 

‘‘Copyright Royalty Board’’. If a 

participant’s claim does not exceed 

$1,000 and if the PTP includes a 

statement that the participant will not 

seek a distribution in excess of $1,000, 

the participant need not submit the 

filing fee.3

The Judges will address scheduling 

and further procedural matters after 

receiving Petitions to Participate. 

Dated: August 13, 2013. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

[FR Doc. 2013–19966 Filed 8–15–13; 8:45 am] 

BILLING CODE 1410–72–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

Agency Information Collection 

Activities: Submission to OMB for 

Reinstatement, With Change, of a 

Previously Approved Collection; 

Comment Request 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Request for comment. 

SUMMARY: The NCUA intends to submit 

the following information collection to 

the Office of Management and Budget 

(OMB) for review and clearance under 

the Paperwork Reduction Act of 1995 

(Pub. L. 104–13, 44 USC Chapter 35). 

This information collection notice is 

published to obtain comments from the 

public. This is related to NCUA’s 

regulation on the circumstances and 

conditions under which Federal credit 

union (FCU) members may inspect and 

copy the FCU’s books, records, and 

minutes of meetings. 

DATES: Comments will be accepted until 

October 15, 2013. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

the NCUA Contact and the OMB 

Reviewer listed below: 

NCUA Contact: Tracy Crews, National 

Credit Union Administration, 1775 

Duke Street, Alexandria, Virginia 

22314–3428, Fax No. 703–837–2861, 

Email: OCIOPRA@ncua.gov. 

OMB Contact: Office of Management 

and Budget, ATTN: Desk Officer for the 

National Credit Union Administration, 

Office of Information and Regulatory 

Affairs, Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information, a 

copy of the information collection 

request, or a copy of submitted 

comments should be directed to Tracy 

Crews at the National Credit Union 

Administration, 1775 Duke Street, 

Alexandria, VA 22314–3428, or at (703) 

518–6444. 

SUPPLEMENTARY INFORMATION: 

I. Abstract and Request for Comments 

NCUA is reinstating a previously 

approved collection of information for 

12 CFR § 701.3, Member Inspection of 

Credit Union Books, Records, and 

Minutes. Section 701.3 is NCUA’s 

regulation on the circumstances and 

conditions under which FCU members 

may inspect and copy the FCU’s books, 

records, and minutes of meetings. The 

collection of information requirements 

apply to FCU members seeking 

inspection and copying of the FCU’s 

records and FCUs that receive such 

member requests. To obtain access to 

records, members are required to submit 

a petition to the FCU, stating a proper 

purpose for inspection and signed by at 

least one percent of the members, with 

a minimum of 20 and a maximum of 

500 members. Section 701.3 requires 

that the FCU must permit inspection of 

relevant records if it receives such a 

petition. The members of an FCU own 

it, and the disclosure requirements 

placed on an FCU are necessary to 

ensure transparency and protect the 

rights of the members. The FCU records 

disclosed to members as a result of a 

petition are used by the members to 

protect their ownership and financial 

interests. The petition signatures 

collected by each FCU are used by the 

FCU to verify the membership status of 

each petitioner. 

The information collection only arises 

upon a member request. In NCUA’s 

experience, members do not use this 

petition authority often. NCUA 

estimates that, on an annual basis and 

across all FCUs, there will be only 

approximately five member petitions 

requesting inspection of FCU records. 

NCUA estimates that it will take a group 

of member-petitioners (each group 

treated as one respondent) 

approximately ten hours to prepare a 

petition and submit it to the FCU. Five 

groups of member-petitioners times ten 

hours per respondent equals 50 annual 

burden hours. NCUA estimates that it 

will take an FCU that receives a petition 

approximately 20 hours to evaluate the 

petition, locate the relevant documents, 

and make them available for inspection 


emcdonald on DSK67QTVN1PROD with NOTICES