24662 Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules 

are required by a Federal agency rather 

than submit a balance sheet that is 

certified by a certified public accountant 

(CPA). Additionally, a change that 

affects the provision requiring banks to 

give the Commission notice of actions 

alleging insolvency or bankruptcy is 

also being proposed. North Dakota is 

proposing these changes both in order to 

be compliant with state and Federal 

banking regulations and to assist banks 

that could possibly have difficulty 

submitting CPA certified balance sheets. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the North Dakota program. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent state or Federal laws or 

regulations, technical literature, or other 

relevant publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed above (see 

ADDRESSES) will be included in the 

docket for this rulemaking and 

considered. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available in the 

electronic docket for this rulemaking at 

www.regulations.gov. While you can ask 

us in your comment to withhold your 

personal identifying information from 

public review, we cannot guarantee that 

we will be able to do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 

4 p.m., m.d.t. on May 10, 2012. If you 

are disabled and need reasonable 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

the hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at a public 

hearing provide us with a written copy 

of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

Public Meeting 

If only one person requests an 

opportunity to speak, we may hold a 

public meeting rather than a public 

hearing. If you wish to meet with us to 

discuss the amendment, please request 

a meeting by contacting the person 

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings are open to 

the public and, if possible, we will post 

notices of meetings at the locations 

listed under ADDRESSES. We will make 

a written summary of each meeting a 

part of the administrative record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866 

(Regulatory Planning and Review). 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 934 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: March 7, 2012. 

Allen D. Klein, 

Director, Western Region. 

[FR Doc. 2012–9869 Filed 4–24–12; 8:45 am] 

BILLING CODE 4310–05–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 2011–2 CRB NCEB II] 

Determination of Reasonable Rates 

and Terms for Noncommercial 

Broadcasting 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing for comment proposed 

rates and terms for use of certain works 

in connection with noncommercial 

broadcasting for the period commencing 

January 1, 2013, and ending on 

December 31, 2017. 

DATES: Comments and objections, if any, 

are due no later than May 25, 2012. 

ADDRESSES: Comments and objections 

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 by hand 

delivery. Please do not use multiple 

means of transmission. Comments and 

objections 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 and objections must be 

addressed to: Copyright Royalty Board, 

P.O. Box. 70977, Washington, DC 

20024–0977. If hand delivered by a 

private party, comments and objections 

must be brought to the Copyright Office, 

Public Information Office, Library of 

Congress, James Madison Memorial 

Building, Room LM–401, 101 

Independence Avenue SE., Washington, 

DC 20559–6000, between 8:30 a.m. and 

5 p.m. If delivered by a commercial 

courier, comments and objections 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, and 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. 


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1Prior to the enactment of the Copyright Royalty 

and Distribution Reform Act of 2004, which 

established the Copyright Royalty Judges, rates and 

terms for the section 118 statutory license were set 

under the Copyright Arbitration Royalty Panel 

system, which was administered by the Librarian of 

Congress. 

2Pursuant to 17 U.S.C. 803(b)(6)(C)(x), the Judges 

set the 60-day discovery period to run from 

November 30, 2011, through January 30, 2012. 

During the discovery period, Music Reports, Inc., 

and CRA each withdrew from the proceeding on 

December 13, 2011, and January 27, 2012, 

respectively. CRA also requested that the Judges 

vacate their Order dated January 20, 2012, 

compelling CRA to produce certain discovery; the 

Judges deny this request as moot, given CRA’s 

withdrawal from the proceeding. 

3A ‘‘public broadcasting entity’’ is defined as a 

‘‘noncommercial educational broadcast station as 

defined in section 397 of title 47 and any nonprofit 

institution or organization engaged in the activities 

described in paragraph (2) of subsection (c)’’ of 

section 118. 17 U.S.C. 118(f). 

4On October 31, 2011, EMF notified the Judges 

that as a member of NRBNMLC it was a party to 

each of the joint proposals involving NRBNMLC. 

5The proposed elimination of the CPI 

adjustments for ASCAP and BMI necessitated a 

change to § 381.10. However, no proposed language 

was provided with the initial proposals. 

Consequently, the Judges issued an order requesting 

proposed language to § 381.10, and the parties 

provided the same. See Order Regarding 

Submission of Settlement Proposals, Docket No. 

2011–3 CRB NCEB II (February 2, 2012). See also 

Joint Submission of American Council on 

Education, the American Society of Composers, 

Authors and Publishers, Broadcast Music, Inc., and 

SESAC, Inc. (filed March 16, 2012). 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, Program Specialist, by 

telephone: (202) 707–7658 or email at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 118 of the Copyright Act, title 

17 of the United States Code, establishes 

a statutory license for the use of certain 

copyrighted works in connection with 

noncommercial television and radio 

broadcasting. Chapter 8 of the Copyright 

Act requires the Copyright Royalty 

Judges (‘‘Judges’’) to conduct 

proceedings every five years to 

determine the rates and terms for the 

section 118 license.1 17 U.S.C. 801(b)(1), 

804(b)(6). In accordance with section 

804(b)(6), the Judges commenced the 

proceeding to set rates and terms for the 

period 2008–2012 on January 9, 2006, 

71 FR 1453, and published final 

regulations setting those rates and terms 

on November 30, 2007. 72 FR 67646. 

Therefore, the next proceeding to 

determine the rates and terms for the 

section 118 license was to be 

commenced in January 2011 for the 

period 2013–2017. 17 U.S.C. 804(b)(6). 

Accordingly, the Judges published in 

the Federal Register a notice 

commencing the proceeding to 

determine the rates and terms for the 

2013–2017 period and requesting 

interested parties to submit their 

petitions to participate. 76 FR 591 

(January 5, 2011). Petitions to 

Participate were received from: The 

American Society of Authors, 

Composers and Publishers (‘‘ASCAP’’); 

SESAC, Inc.; Broadcast Music, Inc. 

(‘‘BMI’’); Educational Media Foundation 

(‘‘EMF’’); Music Reports, Inc.; National 

Public Radio, the Public Broadcasting 

Service, and noncommercial radio and 

television stations eligible to receive 

funding from the Corporation for Public 

Broadcasting jointly (‘‘NPR/PBS/CPB’’); 

National Religious Broadcasters 

Noncommercial Music License 

Committee (‘‘NRBNMLC’’); the Church 

Music Publishers’ Association; the 

National Music Publishers’ Association, 

Inc. and the Harry Fox Agency, jointly 

(‘‘NMPA/HFA’’); the Catholic Radio 

Association (‘‘CRA’’); and the American 

Council on Education (‘‘ACE’’). The 

Judges set the timetable for the threemonth negotiation period, see 17 U.S.C. 

803(b)(3), and directed the participants 

to submit their written direct statements 

no later than October 31, 2011. In 

response to the October 31 deadline, the 

Judges received written direct 

statements from CRA, BMI, ASCAP, and 

Music Reports, Inc.2 as well as several 

notifications of settlement and proposed 

rates and terms for the Copyright 

Royalty Judges to adopt. 

There are two ways that copyright 

owners and public broadcasting 

entities 3 may negotiate rates and terms 

under the section 118 statutory license. 

First, copyright owners may negotiate 

rates and terms with specific public 

broadcasting entities for the use of all of 

the copyright owners’ works covered by 

the license. Section 118(b)(2) provides 

that such license agreements ‘‘shall be 

given effect in lieu of any determination 

by the * * * Copyright Royalty Judges,’’ 

provided that copies of the agreement 

are submitted to the Judges ‘‘within 30 

days of execution.’’ 17 U.S.C. 118(b)(2). 

The Judges received several agreements 

in this category for which no further 

action is required. 

Second, copyright owners and public 

broadcasting entities may negotiate rates 

and terms for categories of copyrighted 

works and uses that would be binding 

on all owners and entities and submit 

them to the Judges for approval. Section 

801(b)(7)(A) provides that in such event: 

(i) The Copyright Royalty Judges shall 

provide those that would be bound by the 

terms, rates, or other determination set by 

any agreement in a proceeding to determine 

royalty rates an opportunity to comment on 

the agreement and shall provide to 

participants in the proceeding under section 

803(b)(2) that would be bound by the terms, 

rates, or other determination set by the 

agreement to comment on the agreement and 

object to its adoption as a basis for statutory 

terms and rates; and 

(ii) the Copyright Royalty Judges may 

decline to adopt the agreement as a basis for 

statutory terms and rates for participants that 

are not parties to the agreement, if any 

participant described in clause (i) objects to 

the agreement and the Copyright Royalty 

Judges conclude, based on the record before 

them if one exists, that the agreement does 

not provide a reasonable basis for setting 

statutory terms and rates. 

17 U.S.C. 801(b)(7)(A). The Judges 

received seven proposals within this 

category from the following 

participants: (1) SESAC and ACE; (2) 

BMI and ACE; (3) ASCAP and ACE; (4) 

NMPA/HFA and NRBNMLC; (5) SESAC 

and NRBNMLC, (6) ASCAP and 

NRBNMLC; and (7) BMI and 

NRBNMLC.4

ACE Joint Proposals 

The joint proposals entered into by 

ACE and each of SESAC, BMI, and 

ASCAP propose to modify the royalty 

rates set forth in § 381.5. The rates 

proposed in the ASCAP/ACE and BMI/ 

ACE submissions reflect a change in 

both the fees and the fee structure, going 

from a flat rate to tiered rates primarily 

based on the number of full-time 

students enrolled in the educational 

entity operating the station, with an 

exception that looks to the college radio 

station’s authorized effective radiation 

power (‘‘ERP’’) as set forth in its current 

FCC license. ASCAP/ACE Joint Proposal 

at 4; BMI/ACE Joint Proposal at 4. 

Moreover, the proposed rates for ASCAP 

and BMI eliminate the need for the 

historic annual Consumer Price Index 

adjustments, as the proposed rates 

increase at the rate of two percent per 

year. Id. at 5. 

The SESAC/ACE submission retains a 

flat rate which is then adjusted, starting 

in 2014, by the change in the Consumer 

Price Index or two percent, whichever is 

greater. SESAC/ACE Joint Proposal at 

2.5

Each joint proposal proposes to 

require that each annual payment of the 

royalty rate be accompanied by a 

declaration stating the number of fulltime students enrolled in the 

educational entity operating the station 

and/or the ERP as specified in the 

entity’s current FCC license. See 

proposed § 381.5(d). 

NRBNMLC Joint Proposals 

The joint proposals entered into by 

NRBNMLC and each of NMPA/HFA, 

ASCAP, BMI, and SESAC propose 

carrying forward unchanged the current 

provisions set forth in §§ 381.1 (except 


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to replace ‘‘2008’’ with ‘‘2013’’ and 

‘‘2012’’ with ‘‘2017’’), 381.2, 381.9, and 

381.11. 

The joint proposal between NMPA/ 

HFA and NRBNMLC stated that the 

rates in § 381.7(b)(4) should remain the 

same as those currently set for 2008– 

2012, ‘‘subject to the additional 

provisions’’ of §§ 381.7(b)(3) and (5), 

since they ‘‘are reasonable’’ and ‘‘no 

circumstances exist that would warrant 

modification of these fees.’’ NMPA/HFA 

and NRBNMLC Joint Proposal at 2. The 

proposal also stated that separate 

negotiations were ongoing between HFA 

and NMPA and NPR and PBS with 

respect to provisions in § 381.7 other 

than § 381.7(b)(4). Id. at 2–3. When such 

proposal did not appear to be 

forthcoming, the Judges issued an order 

requesting in part that such proposal, if 

finalized, be submitted by March 16, 

2012, in order to allow for publication 

of all proposed rates and terms in a 

single document. See Order Regarding 

Submission of Settlement Proposals, 

Docket No. 2011–2 CRB NCEB II 

(February 2, 2012); see also n.5. 

However, after receiving no responsive 

filings, the Judges issued a subsequent 

order requiring HFA, NMPA, NPR, and 

PBS to show cause why the provisions 

to be covered by their separate proposal 

(§§ 381.7(b)(1)(i)–(iii), 381.7(b)(2)(i)–(iv), 

381.7(c), 381.7(d), and 381.7(e)) should 

not be removed from Part 381. See 

Order to Show Cause, Docket No. 2011– 

2 CRB NCEB II (March 28, 2012). In 

response, HFA, NMPA, NPR and PBS 

submitted their joint proposal covering 

the provisions specified in the March 28 

order. Specifically, they proposed that 

the rates set forth in §§ 381.7(b)(1) and 

(2) ‘‘be changed to reflect a rate increase 

consistent with the prior percentage 

increase from the 2003–2007 license 

period to the 2008–2012 license period’’ 

as such increase ‘‘is fair and 

reasonable.’’ Response to Order to Show 

Cause, and Joint Proposal of the Harry 

Fox Agency, Inc., National Music 

Publishers’ Association, Inc., National 

Public Radio, Inc. and Public 

Broadcasting Service, at 3 (April 4, 

2012). These parties proposed no 

changes to §§ 381.7(c)–(e) and requested 

that these provisions be carried forward 

as is because they ‘‘are fair and 

reasonable in that they facilitate 

efficient, consistent and accurate 

payments of royalties for uses governed 

by [§ ] 381.7.’’ Id. at 4. 

Each of the joint proposals between 

NRBNMLC and ASCAP, BMI, and 

SESAC propose modifications to 

§ 381.6. Under the proposals, 

alternatives have been provided to a 

Religious/Community Noncommercial 

Radio Station in determining its 

Population Count which is the basis of 

the rates paid. In addition, the proposals 

include a new reduced rate for a 

Religious/Community Noncommercial 

Radio Station using a talk format 

necessitating a number of newly defined 

terms. Finally, the proposals address a 

Religious/Community Noncommercial 

Radio Station’s broadcast of in-band, onchannel, digital radio (‘‘HD Radio’’) 

signals. 

Other Provisions 

Finally, the Judges have removed and 

reserved two sections for which no 

proposals were submitted. Specifically, 

§ 381.4, which governed performance of 

musical compositions by PBS, NPR and 

other public broadcasting entities 

engaged in the activities of 17 U.S.C. 

118(c), and § 381.8, which governed the 

terms and rates of royalty payments for 

the use of published pictorial, graphic, 

and sculptural works in PBS-distributed 

programs as well as in other than PBSdistributed programs, have been 

removed and their section numbers 

reserved. 

As noted above, the public may 

comment and object to any or all of the 

proposed regulations contained in this 

notice. Such comments and objections 

must be submitted no later than May 25, 

2012. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

Proposed Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

propose to amend Part 381 to Chapter III 

of title 37 of the Code of Federal 

Regulations to read as follows: 

PART 381—USE OF CERTAIN 

COPYRIGHTED WORKS IN 

CONNECTION WITH 

NONCOMMERCIAL EDUCATIONAL 

BROADCASTING 

1. The authority citation for part 381 

continues to read as follows: 

Authority: 17 U.S.C. 118, 801(b)(1) and 

803. 

§ 381.1 [Amended] 

2. Section 381.1 is amended by 

removing ‘‘2008’’ and adding ‘‘2013’’ in 

its place and by removing ‘‘2012’’ and 

adding ‘‘2017’’ in its place. 

§ 381.4 [Removed and Reserved] 

3. Remove and reserve § 381.4. 

4. Section 381.5 is amended by 

revising paragraphs (c) and (d) to read 

as follows: 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * * * 

(c) Royalty rate. A public broadcasting 

entity within the scope of this section 

may perform published nondramatic 

musical compositions subject to the 

following schedule of royalty rates: 

(1) For all such compositions in the 

repertory of ASCAP, the royalty rates 

shall be as follows: 

(i) 

Number of full-time students 2013 2014 2015 2016 2017 

Level 1 ............................ <1,000 ....................................................................................... $319 $325 $332 $339 $345 

Level 2 ............................ 1,000–4,999 .............................................................................. 369 376 384 392 399 

Level 3 ............................ 5,000–9,999 .............................................................................. 505 515 525 535 546 

Level 4 ............................ 10,000–19,999 .......................................................................... 655 668 681 695 708 

Level 5 ............................ 20,000 + .................................................................................... 822 838 855 872 890 

(ii) Level 1 rates as set forth in 

paragraph (c)(1)(i) of this section, shall 

also apply to College Radio Stations 

with an authorized effective radiated 

power (ERP), as that term is defined in 

47 CFR 73.310(a), of 100 Watts or less, 

as specified on its current FCC license, 

regardless of the size of the student 

population. 

(2) For all such compositions in the 

repertory of BMI, the royalty rates shall 

be as follows: 

(i) 


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Number of full-time students 2013 2014 2015 2016 2017 

Level 1 ............................ <1,000 ....................................................................................... $319 $325 $332 $339 $345 

Level 2 ............................ 1,000–4,999 .............................................................................. 369 376 384 392 399 

Level 3 ............................ 5,000–9,999 .............................................................................. 505 515 525 535 546 

Level 4 ............................ 10,000–19,999 .......................................................................... 655 668 681 695 708 

Level 5 ............................ 20,000 + .................................................................................... 822 838 855 872 890 

(ii) Level 1 rates, as set forth in 

paragraph (c)(2)(i) of this section, shall 

also apply to College Radio Stations 

with an authorized effective radiated 

power (ERP), as that term is defined in 

47 CFR 73.310(a), of 100 Watts or less, 

as specified on its current FCC license, 

regardless of the size of the student 

population. 

(3) For all such compositions in the 

repertory of SESAC, the royalty rates 

shall be as follows: 

(i) 2013: $140.00 per station; 

(ii) 2014: $140 per station, subject to 

an annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section; 

(iii) 2015: The 2014 rate, subject to an 

annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section; 

(iv) 2016: The 2015 rate, subject to an 

annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section; 

(v) 2017: The 2016 rate, subject to an 

annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section. 

(vi) Such cost of living adjustment to 

be made in accordance with the greater 

of 

(A) The change, if any, in the 

Consumer Price Index (all consumers, 

all items) published by the U.S. 

Department of Labor, Bureau of Labor 

Statistics during the twelve (12) month 

period from the most recent Index, 

published before December 1 of the year 

immediately prior to the applicable 

year, or 

(B) Two percent (2%). 

(4) For the performance of any other 

such compositions: $1. 

(d) Payment of royalty rate. The 

public broadcasting entity shall pay the 

required royalty rate to ASCAP, BMI 

and SESAC not later than January 31 of 

each year. Each annual payment to 

ASCAP, BMI and SESAC shall be 

accompanied by a signed declaration 

stating the number of full-time students 

enrolled in the educational entity 

operating the station and/or the effective 

radiated power (ERP) as specified in its 

current FCC license. An exact copy of 

such declaration shall be furnished to 

each of ASCAP, BMI and SESAC. 

* * * * * 

5. Section 381.6 is amended as 

follows: 

a. By redesignating paragraphs (b) 

through (e) as paragraphs (c) through (f), 

respectively; 

b. By adding a new paragraph (b); 

c. By revising newly redesignated 

paragraph (d); 

d. By revising newly redesignated 

paragraph (e); and 

e. By removing current paragraph (f). 

The additions and revisions to § 381.6 

read as follows: 

§ 381.6 Performance of musical 

compositions by other public broadcasting 

entities. 

* * * * * 

(b) Definitions. As used in paragraphs 

(d) and (e) of this section, the following 

terms and their variant forms mean the 

following: 

(1) Feature Music shall mean any 

performance of a musical work, whether 

live or recorded, that is the principal 

focus of audience attention. Feature 

Music does not include bridge, 

background, or underscore music, 

themes or signatures, interstitial music 

between programs such as in public 

service announcements or program 

sponsorship identifications, brief 

musical transitions in and out of 

program segments (not to exceed 60 

seconds in duration), incidental 

performances of music during 

broadcasts of public, religious, or sports 

events, or brief performances during 

news, talk, religious, and sports 

programming of no more than 30 

seconds in duration. 

(2) Population Count. The 

combination of: 

(i) The number of persons estimated 

to reside within a station’s Predicted 60 

dBu Contour, based on the most recent 

available census data; and 

(ii) The nonduplicative number of 

persons estimated to reside in the 

Predicted 60 dBu Contour of any 

Translator or Booster Station that 

extends a public broadcasting entity’s 

signal beyond the contours of a station’s 

Predicted 60 dBu Contour. 

(iii) In determining Population Count, 

a station or a Translator or Booster 

Station may use and report the total 

population data, from a research 

company generally recognized in the 

broadcasting industry, for the radio 

market within which the station’s 

community license is located. 

(3) Predicted 60 dBu Contour shall be 

calculated as set forth in 47 CFR 73.313. 

(4) Talk Format Station shall mean a 

noncommercial radio station: 

(i) Whose program content primarily 

consists of talk shows, news programs, 

sports, community affairs or religious 

sermons (or other non-music-oriented 

programming); 

(ii) That performs Feature Music in 

less than 20% of its programming 

annually; and 

(iii) That performs music-oriented 

programming for no more than four (4) 

programming hours during the hours 

from 6 a.m. to 10 p.m. each weekday, 

with no two (2) hours of such 

programming occurring consecutively, 

with the exception of up to five (5) 

weekdays during the year. 

(5) Weekday shall mean the 24-hour 

period starting at 12 a.m. through 11:59 

p.m. on Mondays, Tuesdays, 

Wednesdays, Thursdays and Fridays 

occurring between January 1 of a given 

year up to and including Thanksgiving 

day of that year. 

(6) Translator Station and Booster 

Station shall have the same meanings as 

set forth in 47 CFR 74.1201. 

* * * * * 

(d) Royalty rate. A public 

broadcasting entity within the scope of 

this section may perform published 

nondramatic musical compositions 

subject to the following schedule of 

royalty rates: 

(1) For all such compositions in the 

repertory of ASCAP, the royalty rates 

shall be as follows: 

(i) Music Fees (Stations with 20% or 

more programming containing Feature 

Music): 

Population count 2013 2014 2015 2016 2017 

Level 1 ............................ 0–249,999 ................................................................................. $631 $644 $657 $670 $683 

Level 2 ............................ 250,000–499,999 ...................................................................... 1,126 1,149 1,171 1,195 1,219 


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Population count 2013 2014 2015 2016 2017 

Level 3 ............................ 500,000–999,999 ...................................................................... 1,688 1,722 1,756 1,791 1,827 

Level 4 ............................ 1,000,000–1,499,999 ................................................................ 2,251 2,296 2,342 2,389 2,437 

Level 5 ............................ 1,500,000–1,999,999 ................................................................ 2,814 2,870 2,928 2,986 3,046 

Level 6 ............................ 2,000,000–2,499,999 ................................................................ 3,377 3,445 3,513 3,584 3,655 

Level 7 ............................ 2,500,000–2,999,999 ................................................................ 3,939 4,018 4,098 4,180 4,264 

Level 8 ............................ 3,000,000 and above ................................................................ 5,628 5,741 5,855 5,972 6,092 

(ii) Talk Format Station Fees (Stations 

with <20% Feature Music 

programming): 

Population count 2013 2014 2015 2016 2017 

Level 1 ............................ 0–249,999 ................................................................................. $631 $644 $657 $670 $683 

Level 2 ............................ 250,000–499,999 ...................................................................... 631 644 657 670 683 

Level 3 ............................ 500,000–999,999 ...................................................................... 631 644 657 670 683 

Level 4 ............................ 1,000,000–1,499,999 ................................................................ 788 804 820 836 853 

Level 5 ............................ 1,500,000–1,999,999 ................................................................ 985 1,005 1,025 1,045 1,066 

Level 6 ............................ 2,000,000–2,499,999 ................................................................ 1,182 1,206 1,230 1,254 1,279 

Level 7 ............................ 2,500,000–2,999,999 ................................................................ 1,379 1,406 1,434 1,463 1,492 

Level 8 ............................ 3,000,000 and above ................................................................ 1,970 2,009 2,049 2,090 2,132 

(2) For all such compositions in the 

repertory of BMI, the royalty rates shall 

be as follows: 

(i) Music Fees (Stations with 20% or 

more programming containing Feature 

Music): 

Population count 2013 2014 2015 2016 2017 

Level 1 ............................ 0–249,999 ................................................................................. $631 $644 $657 $670 $683 

Level 2 ............................ 250,000–499,999 ...................................................................... 1,126 1,149 1,171 1,195 1,219 

Level 3 ............................ 500,000–999,999 ...................................................................... 1,688 1,722 1,756 1,791 1,827 

Level 4 ............................ 1,000,000–1,499,999 ................................................................ 2,251 2,296 2,342 2,389 2,437 

Level 5 ............................ 1,500,000–1,999,999 ................................................................ 2,814 2,870 2,928 2,986 3,046 

Level 6 ............................ 2,000,000–2,499,999 ................................................................ 3,377 3,445 3,513 3,584 3,655 

Level 7 ............................ 2,500,000–2,999,999 ................................................................ 3,939 4,018 4,098 4,180 4,264 

Level 8 ............................ 3,000,000 and above ................................................................ 5,628 5,741 5,855 5,972 6,092 

(ii) Talk Format Station Fees (Stations 

with <20% Feature Music 

programming): 

Population count 2013 2014 2015 2016 2017 

Level 1 ............................ 0–249,999 ................................................................................. $631 $644 $657 $670 $683 

Level 2 ............................ 250,000–499,999 ...................................................................... 631 644 657 670 683 

Level 3 ............................ 500,000–999,999 ...................................................................... 631 644 657 670 683 

Level 4 ............................ 1,000,000–1,499,999 ................................................................ 788 804 820 836 853 

Level 5 ............................ 1,500,000–1,999,999 ................................................................ 985 1,005 1,025 1,045 1,066 

Level 6 ............................ 2,000,000–2,499,999 ................................................................ 1,182 1,206 1,230 1,254 1,279 

Level 7 ............................ 2,500,000–2,999,999 ................................................................ 1,379 1,406 1,434 1,463 1,492 

Level 8 ............................ 3,000,000 and above ................................................................ 1,970 2,009 2,049 2,090 2,132 

(3) For all such compositions in the 

repertory of SESAC, the royalty rates 

shall be as follows: 

(i) Music fees for stations with >=20% 

Feature Music programming: 

Population count 2013 2014 2015 2016 2017 

Level 1 ............................ 0–249,999 ................................................................................. $138 $140 $143 $146 $149 

Level 2 ............................ 250,000–499,999 ...................................................................... 230 234 239 244 248 

Level 3 ............................ 500,000–999,999 ...................................................................... 345 352 359 366 373 

Level 4 ............................ 1,000,000–1,499,999 ................................................................ 459 468 478 487 497 

Level 5 ............................ 1,500,000–1,999,999 ................................................................ 574 586 597 609 622 

Level 6 ............................ 2,000,000–2,499,999 ................................................................ 689 702 716 731 745 

Level 7 ............................ 2,500,000–2,999,999 ................................................................ 804 820 836 853 870 


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Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules 24667 

Population count 2013 2014 2015 2016 2017 

Level 8 ............................ 3,000,000 and above ................................................................ 1,149 1,171 1,195 1,219 1,243 

(ii) Talk fees for stations with <20% 

Feature Music programming: 

Population count 2013 2014 2015 2016 2017 

Level 1 ............................ 0–249,999 ................................................................................. $138 $140 $143 $146 $149 

Level 2 ............................ 250,000–499,999 ...................................................................... 138 140 143 146 149 

Level 3 ............................ 500,000–999,999 ...................................................................... 138 140 143 146 149 

Level 4 ............................ 1,000,000–1,499,999 ................................................................ 161 164 167 170 174 

Level 5 ............................ 1,500,000–1,999,999 ................................................................ 201 205 209 213 218 

Level 6 ............................ 2,000,000–2,499,999 ................................................................ 241 246 251 256 261 

Level 7 ............................ 2,500,000–2,999,999 ................................................................ 281 287 293 299 305 

Level 8 ............................ 3,000,000 and above ................................................................ 402 410 418 427 435 

(4) For the performance of any other 

such compositions, in 2013 through 

2017, $1. 

(e) Payment of royalty rate. The 

public broadcasting entity shall pay the 

required royalty rate to ASCAP, BMI 

and SESAC not later than January 31 of 

each year. Each annual payment shall be 

accompanied by a signed declaration 

stating the Population Count of the 

public broadcasting entity and the 

source for such Population Count. An 

exact copy of such declaration shall be 

furnished to each of ASCAP, BMI and 

SESAC. Upon prior written notice 

thereof from ASCAP, BMI and SESAC, 

a public broadcasting entity shall make 

its books and records relating to its 

Population Count available for 

inspection. In the event that a public 

broadcasting entity wishes to be deemed 

a Talk Format Station, then such entity 

shall provide a signed declaration 

stating that Feature Music is performed 

in less than 20% of its annual 

programming and that it complies with 

the caps set forth in paragraph (b)(4) of 

this section. An exact copy of such 

declaration shall be furnished to each of 

ASCAP, BMI and SESAC. Upon prior 

written notice thereof from ASCAP, BMI 

or SESAC, a public broadcasting entity 

shall make its program schedule or 

other documentation supporting its 

eligibility as a Talk Format Station 

available for inspection. 

* * * * * 

6. Section 381.7 is amended as 

follows: 

a. By revising paragraphs (b)(1)(i)(A)– 

(D) and (b)(1)(ii)(A)–(D); 

b. By revising paragraphs (b)(2)(i)– 

(iv); 

c. In paragraph (b)(4), by removing 

‘‘2008–2012’’ and adding ‘‘2013–2017’’ 

in its place; and 

d. In paragraph (b)(5), by removing 

‘‘2012’’ and adding ‘‘2017’’ in its place. 

The revisions to § 381.7 read as 

follows: 

§ 381.7 Recording rights, rates and terms. 

* * * * * 

(b) * * * 

(1)(i) * * * 

2013–2017 

(A) Feature .......................................... $116.37 

(B) Concert feature (per minute) ....... $34.95 

(C) Background ................................... $58.81 

(D) Theme: 

(1) Single program or first series 

program ........................................ $58.81 

(2) Other series program ................ $23.88 

(ii) * * * 

2013–2017 

(A) Feature .......................................... $9.62 

(B) Concert feature (per minute) ....... $2.53 

(C) Background ................................... $4.18 

(D) Theme: 

(1) Single program or first series 

program ........................................ $4.18 

(2) Other series program ................ $1.66 

* * * * * 

(2) * * * 

2013–2017 

(i) Feature ........................................... $12.60 

(ii) Concert feature (per minute) ....... $18.49 

(iii) Background .................................. $6.31 

(iv) Theme: 

(A) Single program or first series 

program ........................................ $6.31 

(B) Other series program ................ $2.52 

* * * * * 

§ 381.8 [Removed and Reserved] 

7. Remove and reserve § 381.8. 

8. Section 381.10 is amended as 

follows: 

a. In paragraph (a), by removing 

‘‘2007’’ and adding ‘‘2013’’ in its place 

in each place it appears and by 

removing ‘‘2006’’ and adding ‘‘2012’’ in 

its place, and by removing ‘‘On each 

December 1’’ and adding ‘‘On or before 

each December 1’’ in its place; 

b. By revising paragraph (b); 

c. In paragraph (c), by adding ‘‘the’’ 

before ‘‘rates’’, by removing ‘‘381.5’’ and 

adding ‘‘381.5(c)(3)’’ in its place, and by 

adding ‘‘(30)’’ after ‘‘thirty’’. 

The revisions to § 381.10 read as 

follows: 

§ 381.10 Cost of living adjustment. 

* * * * * 

(b) On the same date of the notices 

published pursuant to paragraph (a) of 

this section, the Copyright Royalty 

Judges shall publish in the Federal 

Register a revised schedule of the rates 

for § 381.5(c)(3), the rate to be charged 

for compositions in the repertory of 

SESAC, which shall adjust the royalty 

amounts established in a dollar amount 

according to the greater of 

(1) The change in the cost of living 

determined as provided in paragraph (a) 

of this section, or 

(2) Two percent (2%). 

(3) Such royalty rates shall be fixed at 

the nearest dollar. 

* * * * * 

Dated: April 20, 2012. 

Stanley C. Wisniewski, 

U.S. Copyright Royalty Judge. 

[FR Doc. 2012–9927 Filed 4–24–12; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 262 and 265 

TANF Assistance and Electronic 

Benefit Transfer Transactions; 

Request for Public Comment 

AGENCY: Department of Health and 

Human Services (HHS), Administration 

for Children and Families, Office of 

Family Assistance (OFA). 


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