55122 Federal Register / Vol. 76, No. 172 / Tuesday, September 6, 2011 / Notices 

that period. Each such affidavit shall 

also include a description of the efforts 

GE has taken to solicit buyers for the 

Divestiture Assets, and to provide 

required information to prospective 

Acquirers, including the limitations, if 

any, on such information. Assuming the 

information set forth in the affidavit is 

true and complete, any objection by the 

United States to information provided 

by GE, including limitations on 

information, shall be made within 

fourteen (14) calendar days of receipt of 

such affidavit. 

B. Within twenty (20) calendar days 

of the filing of the Complaint in this 

matter, GE shall deliver to the United 

States an affidavit that describes in 

reasonable detail all actions defendants 

have taken and all steps defendants 

have implemented on an ongoing basis 

to comply with Section VIII of this Final 

Judgment. GE shall deliver to the United 

States an affidavit describing any 

changes to the efforts and actions 

outlined in defendants’ earlier affidavits 

filed pursuant to this Section within 

fifteen (15) calendar days after the 

change is implemented. 

C. Defendants shall keep all records of 

all efforts made to preserve and divest 

the Divestiture Assets until one year 

after such divestiture has been 

completed. 

X. Compliance Inspection 

A. For the purposes of determining or 

securing compliance with this Final 

Judgment, or of determining whether 

the Final Judgment should be modified 

or vacated, and subject to any legally 

recognized privilege, from time to time 

authorized representatives of the United 

States Department of Justice Antitrust 

Division, including consultants and 

other persons retained by the United 

States, shall, upon written request of an 

authorized representative of the 

Assistant Attorney General in charge of 

the Antitrust Division, and on 

reasonable notice to defendants, be 

permitted: 

(1) Access during defendants’ office 

hours to inspect and copy, or at the 

option of the United States, to require 

defendants to provide hard copy or 

electronic copies of, all books, ledgers, 

accounts, records, data, and documents 

in the possession, custody, or control of 

defendants, relating to any matters 

contained in this Final Judgment; and 

(2) To interview, either informally or 

on the record, defendants’ officers, 

employees, or agents, who may have 

their individual counsel present, 

regarding such matters. The interviews 

shall be subject to the reasonable 

convenience of the interviewee and 

without restraint or interference by 

defendants. 

B. Upon the written request of an 

authorized representative of the 

Assistant Attorney General in charge of 

the Antitrust Division, defendants shall 

submit written reports or respond to 

written interrogatories, under oath if 

requested, relating to any of the matters 

contained in this Final Judgment as may 

be requested. 

C. No information or documents 

obtained by the means provided in this 

section shall be divulged by the United 

States to any person other than an 

authorized representative of the 

executive branch of the United States, 

except in the course of legal proceedings 

to which the United States is a party 

(including grand jury proceedings), or 

for the purpose of securing compliance 

with this Final Judgment, or as 

otherwise required by law. 

D. If, at the time information or 

documents are furnished by defendants 

to the Antitrust Division, defendants 

represent and identify in writing the 

material in any such information or 

documents to which a claim of 

protection may be asserted under Rule 

26(c)(1)(G) of the Federal Rules of Civil 

Procedure, and defendants mark each 

pertinent page of such material, 

‘‘Subject to claim of protection under 

Rule 26(c)(1)(G) of the Federal Rules of 

Civil Procedure,’’ then the United States 

shall give defendants ten calendar days 

notice prior to divulging such material 

in any legal proceeding (other than a 

grand jury proceeding). 

XI. No Reacquisition 

Defendants may not reacquire any 

part of the Divestiture Assets during the 

term of this Final Judgment. 

XII. Retention of Jurisdiction 

This Court retains jurisdiction to 

enable any party to this Final Judgment 

to apply to this Court at any time for 

further orders and directions as may be 

necessary or appropriate to carry out or 

construe this Final Judgment, to modify 

any of its provisions, to enforce 

compliance, and to punish violations of 

its provisions. 

XIII. Expiration of Final Judgment 

Unless this Court grants an extension, 

this Final Judgment shall expire ten (10) 

years from the date of its entry. 

XIV. Public Interest Determination 

Entry of this Final Judgment is in the 

public interest. The parties have 

complied with the requirements of the 

Antitrust Procedures and Penalties Act, 

15 U.S.C. 16, including making copies 

available to the public of this Final 

Judgment, the Competitive Impact 

Statement, and any comments thereon 

and the United States’s responses to 

comments. Based upon the record 

before the Court, which includes the 

Competitive Impact Statement and any 

comments and response to comments 

filed with the Court, entry of this Final 

Judgment is in the public interest. 

Date: llllllllllllllll

Court Approval Subject to Procedures of 

Antitrust Procedures and Penalties Act, 

15 U.S.C. 16 

lllllllllllllllllll

United States District Judge 

[FR Doc. 2011–22623 Filed 9–2–11; 8:45 am] 

BILLING CODE P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 2011–7 CRB CD 2009] 

Distribution of the 2009 Cable Royalty 

Funds 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice requesting comments. 

SUMMARY: The Copyright Royalty Judges 

are soliciting comments on a motion of 

Phase I claimants for partial distribution 

in connection with the 2009 cable 

royalty funds. The Judges are also 

requesting comments as to the existence 

of Phase I and Phase II controversies 

with respect to the distribution of 2009 

cable royalty funds. 

DATES: Comments are due on or before 

October 6, 2011. 

ADDRESSES: Comments may be sent 

electronically to crb@loc.gov. In the 

alternative, send an original, five copies, 

and an electronic copy on a CD either 

by mail or hand delivery. Please do not 

use multiple means of transmission. 

Comments may not be delivered by an 

overnight delivery service other than the 

U.S. Postal Service Express Mail. If by 

mail (including overnight delivery), 

comments must be addressed to: 

Copyright Royalty Board, P.O. Box 

70977, Washington, DC 20024–0977. If 

hand delivered by a private party, 

comments 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, 

comments 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, 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 172 / Tuesday, September 6, 2011 / Notices 55123 

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

Joint Sports Claimants, Public Television 

Claimants, Commercial Television Claimants 

(represented by National Association of 

Broadcasters), Music Claimants (represented by 

American Society of Composers, Authors and 

Publishers, Broadcast Music, Inc., and SESAC, Inc.), 

Canadian Claimants, National Public Radio, and the 

Devotional Claimants. In Phase I of a cable royalty 

distribution proceeding, royalties are allocated 

among 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 proceeding, 

royalties are allocated among claimants within each 

of the Phase I categories. 

1The ‘‘Phase I Claimants’’ are the Program 

Suppliers, Joint Sports Claimants, Broadcaster 

Claimants Group, Music Claimants (American 

Society of Composers, Authors and Publishers, 

Broadcast Music, Inc., and SESAC, Inc.), and 

Devotional Claimants. In Phase I of a satellite 

royalty distribution proceeding, royalties are 

allocated among certain categories of broadcast 

programming that have been retransmitted by 

satellite systems. The categories have traditionally 

been movies and syndicated television series, sports 

programming, commercial broadcaster-owned 

programming, religious programming, and music. 

Public Television Claimants, Canadian Claimants, 

and National Public Radio, which traditionally have 

received Phase I shares of cable royalties, do not 

claim Phase I shares of the satellite royalty funds. 

In Phase II of a satellite royalty distribution 

proceeding, royalties are allocated among claimants 

within each of the Phase I categories. 

Library of Congress, James Madison 

Memorial Building, LM–403, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor, by 

telephone at (202) 707–7658 or e-mail at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Each year 

cable systems must submit royalty 

payments to the Register of Copyrights 

as required by the statutory license set 

forth in section 111 of the Copyright Act 

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 5, 2011, 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 2009 cable 

royalty funds pursuant to Section 

801(b)(3)(C) of the Copyright Act. 17 

U.S.C. 801(b)(3)(C). Under that section 

of the Copyright Act, before ruling on a 

partial distribution motion the Judges 

must publish a notice in the Federal 

Register seeking responses to the 

motion to ascertain whether any 

claimant entitled to receive such royalty 

fees has a reasonable objection to the 

proposed distribution. Consequently, 

this Notice seeks comments from 

interested claimants on whether any 

reasonable objection exists that would 

preclude the distribution of 50% of the 

2009 cable royalty funds to the Phase I 

Parties. The Judges must be advised of 

the existence and extent of all such 

objections by the end of the comment 

period. The Judges will not consider any 

objections with respect to the partial 

distribution motion that come to their 

attention after the close of that period. 

The Judges also seek comment on the 

existence and extent of any 

controversies to the 2009 cable royalty 

funds at Phase I or Phase II with respect 

to those funds that would remain if the 

partial distribution is granted. 

The Motion of Phase I Claimants for 

Partial Distribution is posted on the 

Copyright Royalty Board Web site at 

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

Dated: August 30, 2011. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2011–22620 Filed 9–2–11; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 2011–8 CRB SD 2009] 

Distribution of the 2009 Satellite 

Royalty Funds 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice requesting comments. 

SUMMARY: The Copyright Royalty Judges 

are soliciting comments on a motion of 

Phase I claimants for partial distribution 

in connection with the 2009 satellite 

royalty funds. The Judges are also 

requesting comments as to the existence 

of Phase I and Phase II controversies 

with respect to the distribution of 2009 

satellite royalty funds. 

DATES: Comments are due on or before 

October 6, 2011. 

ADDRESSES: Comments may be sent 

electronically to crb@loc.gov. In the 

alternative, send an original, five copies, 

and an electronic copy on a CD either 

by mail or hand delivery. Please do not 

use multiple means of transmission. 

Comments may not be delivered by an 

overnight delivery service other than the 

U.S. Postal Service Express Mail. If by 

mail (including overnight delivery), 

comments must be addressed to: 

Copyright Royalty Board, P.O. Box 

70977, Washington, DC 20024–0977. If 

hand delivered by a private party, 

comments 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, 

comments 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: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor, by 

telephone at (202) 707–7658 or e-mail at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: On August 

5, 2011, representatives of the Phase I 

claimant categories (the ‘‘Phase I 

Claimants’’) 1 filed with the Judges a 

motion requesting a partial distribution 

of 50% of the 2009 satellite royalty 

funds pursuant to section 801(b)(3)(C) of 

the Copyright Act. 17 U.S.C. 

801(b)(3)(C). That section requires that 

the Judges 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, this Notice seeks 

comments from interested claimants on 

whether any reasonable objection exists 

that would preclude the distribution of 

50% of the 2009 satellite royalty funds 

to the Phase I Claimants. The Judges 

must be advised of the existence and 

extent of all such objections by the end 

of the comment period. The Judges will 

not consider any objections with respect 

to the partial distribution motion that 

come to their attention after the close of 

that period. 

The Judges also seek comment on the 

existence and extent of any 

controversies to the 2009 satellite 

royalty funds at Phase I or Phase II with 

respect to those funds that would 

mstockstill on DSK4VPTVN1PROD with NOTICES