19138 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules 

3See footnote 1 to § 112.4(a)(1). 

Personnel and Readiness and The Under 

Secretary of Defense (Comptroller). 

(ii) Considers whether 

Servicemembers Civil Relief Act 50 

U.S.C. Appendix, sections 501–591 has 

been complied with pursuant to 5 

U.S.C. 5520a(k) prior to establishing an 

involuntary allotment against the pay of 

a member of the Military Services. 

(iii) Publishes, prints, stocks, 

redistributes, and revises DoD forms 

necessary to process involuntary 

allotments. 

(c) The Heads of the DoD Components 

shall urge military personnel to meet 

their just financial obligations, since 

failure to do so damages their credit 

reputation and affects the public image 

of all DoD personnel. See DoD Directive 

5500.7.3

(d) The Secretaries of the Military 

Departments shall: 

(1) Establish, as necessary, procedures 

to administer and process involuntary 

allotments from the pay of members of 

the Military Services. This includes 

designating those commanders, or other 

officials who may act in the absence of 

the commander, who shall be 

responsible for determining whether a 

member’s absence from a judicial 

proceeding was caused by exigencies of 

military duty, and establishing appeal 

procedures regarding such 

determinations. 

(2) Require commanders to counsel 

members to pay their just debts, 

including complying, as appropriate, 

with court orders and judgments for the 

payments of alimony or child support. 

(3) Emphasize prompt command 

action to assist with the processing of 

involuntary allotment applications. 

(e) The Chief, Office of Personnel and 

Training, for the Coast Guard shall: 

(1) Establish, as necessary, procedures 

supplemental to those promulgated by 

the Under Secretary of Defense for 

Personnel and Readiness to administer 

and process involuntary allotment from 

the pay of members of the Military 

Services; this includes the authority to 

promulgate forms necessary for the 

efficient administration and processing 

of involuntary allotments. 

(2) Ensure that the Commanding 

Officer, Coast Guard Pay and Personal 

Center: 

(i) Implements procedures established 

by the Under Secretary of Defense for 

Personnel and Readiness and Chief, 

Office of Personnel and Training. 

(ii) Considers whether the 

Servicemembers Civil Relief Act, as 

amended (50 U.S.C. Appendix, sections 

501–591) has been complied with 

pursuant to 5 U.S.C. 5520a(k) prior to 

establishing an involuntary allotment 

against the pay of a member of the 

Military Services. 

(iii) Acts as the Coast Guard manager 

for forms necessary to process 

involuntary allotments. 

Dated: April 11, 2007. 

C.R. Choate, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. E7–7292 Filed 4–16–07; 8:45 am] 

BILLING CODE 5001–06–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 2006–2 CRB NCBRA] 

Noncommercial Educational 

Broadcasting Statutory License 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Copyright Royalty Judges 

are publishing for comment certain 

royalty rates, proposed by the parties in 

the proceeding to determine the rates 

and terms for the noncommercial 

educational broadcasting statutory 

license contained in the Copyright Act. 

DATES: Comments and objections, if any, 

are due on or before May 17, 2007. 

ADDRESSES: An original, five paper 

copies, and one electronic copy in 

Portable Document Format (PDF) on 

compact disk (an optical data storage 

medium such as a CD–ROM, CD–R or 

CD–RW) or floppy diskette of a 

comment or objection must be delivered 

to the Copyright Royalty Board in one 

of the following ways: If hand delivered 

by a private party, the comment or 

objection should be brought to the 

Copyright Office Public Information 

Office in the James Madison Memorial 

Building, Room LM–401, 101 

Independence Avenue, SE., Monday 

through Friday, between 8:30 a.m. and 

5 p.m., and the envelope must be 

addressed as follows: Copyright Royalty 

Board, Library of Congress, James 

Madison Memorial Building, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. If 

delivered by a commercial courier 

(excluding overnight delivery services 

such as Federal Express, United Parcel 

Service and similar overnight delivery 

services), the comment or objection 

must be delivered to the Congressional 

Courier Acceptance Site (CCAS) located 

at 2nd and D Street, NE., Monday 

through Friday, between 8:30 a.m. and 

4 p.m., and the envelope must be 

addressed as follows: Copyright Royalty 

Board, Library of Congress, James 

Madison Memorial Building, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. If a 

comment or objection is sent by mail 

(including overnight delivery using 

United States Postal Service Express 

Mail), the envelope must be addressed 

to: Copyright Royalty Board, P.O. Box 

70977, Southwest Station, Washington, 

DC 20024–0977. Comments and 

objections may not be delivered by 

means of overnight delivery services 

such as Federal Express, United Parcel 

Service, etc., due to delays in processing 

receipt of such deliveries. 

FOR FURTHER INFORMATION CONTACT: Gina 

Giuffreda, Attorney-Advisor. Telephone 

(202) 707–7658. Telefax (202) 252–3423. 

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. The terms and rates for 

this statutory license have been adjusted 

periodically by the Librarian of 

Congress and appear in 37 CFR Part 253. 

However, the Copyright Royalty and 

Distribution Reform Act of 2004, Pub. L. 

No. 108–419, transferred jurisdiction 

over these rates and terms to the 

Copyright Royalty Judges. 17 U.S.C. 

801(b)(1). This is a window year for the 

establishment of new rates and terms for 

the 2008–2012 license period. 

On January 9, 2006, pursuant to 17 

U.S.C. 803(b)(1)(A)(i)(V), the Copyright 

Royalty Judges published a notice in the 

Federal Register announcing 

commencement of proceedings under 17 

U.S.C. 118 and requesting interested 

parties to submit their petitions to 

participate. 71 FR 1453 (January 9, 

2006). Petitions to participate were 

received from: the American Council on 

Education (‘‘ACE’’); the National Music 

Publishers Association, Inc. (‘‘NMPA’’); 

the Harry Fox Agency (‘‘HFA’’); the 

National Religious Broadcasters 

Noncommercial Music License 

Committee (‘‘NRBNMLC’’); Royalty 

Logic, Inc.; the American Society of 

Composers, Authors and Publishers 

(‘‘ASCAP’’); Broadcast Music, Inc. 

(‘‘BMI’’); SESAC, Inc.; National Public 

Radio (‘‘NPR’’); the Corporation for 

Public Broadcasting (‘‘CPB’’); the Public 

Broadcasting Service (‘‘PBS’’); and the 

Church Music Publishers Association, 

Inc. The Judges set the timetable for the 

three-month negotiation period, see 17 

U.S.C. 803(b)(3), and directed the 


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1A ‘‘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. 

2The reason for the insufficiency was the parties’

incorrect assumption that the Copyright Royalty 

Judges would be amending part 253 of title 37 of 

the Code of Federal Regulations-the Copyright 

Office’s rules-rather than our own rules. As a result, 

the parties only proposed amendments rather than 

a complete text of regulations. 

3Part 381, which we propose today, will be part 

of a new Subchapter E which will contain the rates 

and terms for the various statutory licenses. This 

new subchapter will be established upon the 

publication of the final determination of the rates 

and terms for the section 112 and 114 statutory 

licenses, Docket No. 2005–1 CRB DTRA, and will 

contain Part 380. 

participants to submit their written 

direct statements no later than January 

30, 2007. Instead of written direct 

statements, the parties submitted 

notification of settlements and proposed 

rates and terms for the Copyright 

Royalty Judges to adopt. 

There are two ways that copyright 

owners and public broadcasting 

entities 1 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 agreements 

are submitted to the Copyright Royalty 

Board ‘‘within 30 days of execution.’’ 17 

U.S.C. 118(b)(2). The Copyright Royalty 

Judges received notification of 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 Copyright Royalty Judges for 

approval. Section 801(b)(7)(A) provides 

that in such event: 

(i) the Copyright Royalty Judges shall 

provide to 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 or rates. 

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

Royalty Judges received seven proposals 

within this category: (1) A joint proposal 

of BMI and the NRBNMLC; (2) a joint 

proposal of ASCAP and ACE; (3) a joint 

proposal of SESAC and ACE; (4) a joint 

proposal of HFA, NMPA and the 

NRBNMLC; (5) a joint proposal of 

SESAC and the NRBNMLC; (6) a joint 

proposal of ASCAP and the NRBNMLC; 

and (7) a joint proposal of BMI and ACE. 

After reviewing the proposals, the 

Copyright Royalty Judges determined 

that they were insufficient on their 

face.2 By Order dated February 22, 2007, 

the Judges directed the parties to amend 

their proposals. On March 15, 2007, 

ACE, ASCAP, BMI, HFA, NMPA, NPR, 

NRBNMLC, PBS and SESAC submitted 

a joint proposal for section 118 rates and 

terms. It is this proposal that the Judges 

are publishing today for comment.3

As part of this notice of proposed 

rulemaking (‘‘NPRM’’), the Copyright 

Royalty Judges are modifying three 

aspects of the joint proposal. First, the 

proposed regulations for terms 

governing the recording of nondramatic 

performances and displays of musical 

works and the terms for the use of 

published pictorial, graphic and 

sculptural works require the deposit 

with the Copyright Office of cue sheets 

(for musical works) and standard lists 

(for pictorial, graphic and sculptural 

works) in hard copy format. We are 

changing these provisions to require 

submission of cue sheets and standard 

lists in electronic disk format only (due 

to space limitations) and requiring that 

they be submitted to the offices of the 

Copyright Royalty Board rather than the 

Copyright Office. 

Second, the joint proposal requires 

public broadcasting entities to make 

information concerning fees deposited 

in trust funds for unknown copyright 

owners available upon request to the 

Copyright Office. We are changing the 

provision to make the information 

available to the Copyright Royalty 

Judges instead of the Copyright Office. 

Third, the parties have included a 

provision in their proposal governing 

the rates and terms applicable to certain 

public broadcasting entities that states 

that such rates and terms are 

experimental, without precedential 

effect, and may not be introduced or 

relied upon in any governmental, 

administrative or judicial proceeding. 

The Copyright Royalty Judges decline to 

include such a provision within our 

regulations. Our task, as set forth in 

section 118 and chapter 8 of the 

Copyright Act, is to adopt rates and 

terms for the noncommercial 

broadcasting license. It is not our task to 

offer evaluations, limitations or 

characterizations of the rates and terms, 

or make statements about their use or 

value in proceedings other than this 

one. 

As discussed above, the public may 

comment and object to any or all of the 

proposed regulations contained in this 

NPRM. Those who do comment and 

object, however, must be prepared to 

participate in further proceedings in this 

docket to establish rates and terms for 

the section 118 license. 

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 add 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 

Sec. 

381.1 General. 

381.2 Definition of public broadcasting 

entity. 

381.3 [Reserved] 

381.4 Performance of musical compositions 

by PBS, NPR and other public 

broadcasting entities engaged in the 

activities set forth in 17 U.S.C. 118(c). 

381.5 Performance of musical compositions 

by public broadcasting entities licensed 

to colleges and universities. 

381.6 Performance of musical compositions 

by other public broadcasting entities. 

381.7 Recording rights, rates and terms. 

381.8 Terms and rates of royalty payments 

for the use of published pictorial, 

graphic and sculptural works. 

381.9 Unknown copyright owners. 

381.10 Cost of living adjustment. 

381.11 Notice of restrictions on use of 

reproductions of transmission programs. 

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

803. 

§ 381.1 General. 

This part establishes terms and rates 

of royalty payments for certain activities 

using published nondramatic musical 

works and published pictorial, graphic 

and sculptural works during a period 

beginning on January 1, 2008, and 

ending on December 31, 2012. Upon 

compliance with 17 U.S.C. 118, and the 

terms and rates of this part, a public 

broadcasting entity may engage in the 


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19140 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules 

activities with respect to such works set 

forth in 17 U.S.C. 118(c). 

§ 381.2 Definition of public broadcasting 

entity. 

As used in this part, the term public 

broadcasting entity means a 

noncommercial educational broadcast 

station as defined in section 397 of title 

47 and any nonprofit institution 

organization engaged in the activities 

described in 17 U.S.C. 118(c). 

§ 381.3 [Reserved] 

§ 381.4 Performance of musical 

compositions by PBS, NPR and other public 

broadcasting entities engaged in the 

activities set forth in 17 U.S.C. 118(c). 

The following schedule of rates and 

terms shall apply to the performance by 

PBS, NPR and other public broadcasting 

entities engaged in activities set forth in 

17 U.S.C. 118(c) of copyrighted 

published nondramatic musical 

compositions, except for public 

broadcasting entities covered by 

§§ 381.5 and 381.6, and except for 

compositions which are the subject of 

voluntary license agreements. 

(a) Determination of royalty rate. (1) 

For performance of such work in a 

feature presentation of PBS: 

2008–2012 .......................... $227.58 

(2) For performance of such a work as 

background or theme music in a PBS 

program: 

2008–2012 .......................... $57.66 

(3) For performance of such a work in 

a feature presentation of a station of 

PBS: 

2008–2012 .......................... $19.45 

(4) For performance of such a work as 

background or theme music in a 

program of a station of PBS: 

2008–2012 .......................... $4.10 

(5) For the performance of such a 

work in a feature presentation of NPR: 

2008–2012 .......................... $23.07 

(6) For the performance of such a 

work as background or theme music in 

an NPR program: 

2008–2012 .......................... $5.59 

(7) For the performance of such a 

work in a feature presentation of a 

station of NPR: 

2008–2012 .......................... $1.63 

(8) For the performance of such a 

work as background or theme music in 

a program of a station of NPR: 

2008–2012 .......................... $.58 

(9) For purposes of this schedule the 

rate for the performance of theme music 

in an entire series shall be double the 

single program theme rate. 

(10) In the event the work is first 

performed in a program of a station of 

PBS or NPR, and such program is 

subsequently distributed by PBS or 

NPR, an additional royalty payment 

shall be made equal to the difference 

between the rate specified in this 

section for a program of a station of PBS 

or NPR, respectively, and the rate 

specified in this section for a PBS or 

NPR program, respectively. 

(b) Payment of royalty rate. The 

required royalty rate shall be paid to 

each known copyright owner not later 

than July 31 of each calendar year for 

uses during the first six months of that 

calendar year, and not later than January 

31 for uses during the last six months 

of the preceding calendar year. 

(c) Records of use. PBS and NPR shall, 

upon the request of a copyright owner 

of a published musical work who 

believes a musical composition of such 

owner has been performed under the 

terms of this schedule, permit such 

copyright owner a reasonable 

opportunity to examine their standard 

cue sheets listing the nondramatic 

performances of musical compositions 

on PBS and NPR programs. Any local 

PBS and NPR station that shall be 

required by the provisions of any 

voluntary license agreement with 

ASCAP, BMI or SESAC covering the 

license period January 1, 2008, to 

December 31, 2012, to provide a music 

use report shall, upon request of a 

copyright owner who believes a musical 

composition of such owner has been 

performed under the terms of this 

schedule, permit such copyright owner 

to examine the report. 

(d) Terms of use. The fees provided in 

this schedule for the performance of a 

musical work in a program shall cover 

performances of such work in such 

program for a period of four years 

following the first performance. 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

(a) Scope. This section applies to the 

performance of copyrighted published 

nondramatic musical compositions by 

noncommercial radio stations which are 

licensed to accredited colleges, 

accredited universities, or other 

accredited nonprofit educational 

institutions and which are not affiliated 

with National Public Radio. For 

purposes of this section, accreditation of 

institutions providing post-secondary 

education shall be determined by a 

regional or national accrediting agency 

recognized by the Council for Higher 

Education Accreditation or the United 

States Department of Education; and 

accreditation of institutions providing 

elementary or secondary education shall 

be as recognized by the applicable state 

licensing authority. 

(b) Voluntary license agreements. 

Notwithstanding the schedule of rates 

and terms established in this section, 

the rates and terms of any license 

agreements entered into by copyright 

owners and colleges, universities, and 

other nonprofit educational institutions 

concerning the performance of 

copyrighted musical compositions, 

including performances by 

noncommercial radio stations, shall 

apply in lieu of the rates and terms of 

this section. 

(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, $277 annually in 

2007, as adjusted pursuant to § 381.10. 

(2) For all such compositions in the 

repertory of BMI, $277 annually in 

2007, as adjusted pursuant to § 381.10. 

(3) For all such compositions in the 

repertory of SESAC, $116 annually in 

2008, as adjusted pursuant to § 381.10. 

(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. 

(e) Records of use. A public 

broadcasting entity subject to this 

section shall furnish to ASCAP, BMI 

and SESAC, upon request, a music-use 

report during one week of each calendar 

year. ASCAP, BMI and SESAC shall not 

in any one calendar year request more 

than 10 stations to furnish such reports. 

§ 381.6 Performance of musical 

compositions by other public broadcasting 

entities. 

(a) Scope. This section applies to the 

performance of copyrighted published 

nondramatic musical compositions by 

radio stations not licensed to colleges, 

universities, or other nonprofit 

educational institutions and which are 

not affiliated with NPR. In the event that 

a station owned by a public 

broadcasting entity broadcasts 

programming by means of an in-band, 

on-channel (‘‘IBOC’’) digital radio signal 

and such programming is different than 

the station’s analog broadcast 

programming, then any such 

programming shall be deemed to be 

provided by a separate station requiring 

a separate royalty payment. 

(b) Voluntary license agreements. 

Notwithstanding the schedule of rates 


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Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules 19141 

and terms established in this section, 

the rates and terms of any license 

agreements entered into by copyright 

owners and noncommercial radio 

stations within the scope of this section 

concerning the performance of 

copyrighted musical compositions, 

including performances by 

noncommercial radio stations, shall 

apply in lieu of the rates and terms of 

this section. 

(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: 

Population count 2008 2009 2010 2011 2012 

Level 1 .......................................... 0–249,999 ..................................... $550 $567 $583 $601 $619 

Level 2 .......................................... 250,000–499,999 .......................... 1,000 1,030 1,061 1,093 1,126 

Level 3 .......................................... 500,000–999,999 .......................... 1,500 1,545 1,591 1,639 1,688 

Level 4 .......................................... 1,000,000–1,499,999 .................... 2,000 2,060 2,122 2,185 2,251 

Level 5 .......................................... 1,500,000–1,999,999 .................... 2,500 2,575 2,652 2,732 2,814 

Level 6 .......................................... 2,000,000–2,499,999 .................... 3,000 3,090 3,183 3,278 3,377 

Level 7 .......................................... 2,500,000–2,999,999 .................... 3,500 3,605 3,713 3,825 3,939 

Level 8 .......................................... 3,000,000 and above .................... 5,000 5,150 5,305 5,464 5,628 

(2) For all such compositions in the 

repertory of BMI, the royalty rates shall 

be as follows: 

Population count 2008 2009 2010 2011 2012 

Level 1 .......................................... 0–249,999 ..................................... $550 $567 $583 $601 $619 

Level 2 .......................................... 250,000–499,999 .......................... 1,000 1,030 1,061 1,093 1,126 

Level 3 .......................................... 500,000–999,999 .......................... 1,500 1,545 1,591 1,639 1,688 

Level 4 .......................................... 1,000,000–1,499,999 .................... 2,000 2,060 2,122 2,185 2,251 

Level 5 .......................................... 1,500,000–1,999,999 .................... 2,500 2,575 2,652 2,732 2,814 

Level 6 .......................................... 2,000,000–2,499,999 .................... 3,000 3,090 3,183 3,278 3,377 

Level 7 .......................................... 2,500,000–2,999,999 .................... 3,500 3,605 3,713 3,825 3,939 

Level 8 .......................................... 3,000,000 and above .................... 5,000 5,150 5,305 5,464 5,628 

(3) For all such compositions in the 

repertory of SESAC, the royalty rates 

shall be as follows: 

Population count 2008 2009 2010 2011 2012 

Level 1 .......................................... 0–249,999 ..................................... $120 $124 $127 $131 $135 

Level 2 .......................................... 250,000–499,999 .......................... 200 206 212 219 225 

Level 3 .......................................... 500,000–999,999 .......................... 300 309 318 328 338 

Level 4 .......................................... 1,000,000–1,499,999 .................... 400 412 424 437 450 

Level 5 .......................................... 1,500,000–1,999,999 .................... 500 515 530 546 563 

Level 6 .......................................... 2,000,000–2,499,999 .................... 600 618 637 656 675 

Level 7 .......................................... 2,500,000–2,999,999 .................... 700 721 743 765 788 

Level 8 .......................................... 3,000,000 and above .................... 1,000 1,030 1,061 1,093 1,126 

(4) For the performance of any other 

such compositions, in 2008 through 

2012, $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 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 or SESAC, a 

public broadcasting entity shall make its 

books and records relating to its 

Population Count available for 

inspection. 

(e) Records of use. A public 

broadcasting entity subject to this 

section shall furnish to ASCAP, BMI 

and SESAC, upon request, a music-use 

report during one week of each calendar 

year. ASCAP, BMI and SESAC each 

shall not in any one calendar year 

request more than 10 stations to furnish 

such reports. 

(f) Definitions. As used in paragraphs 

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

terms and their variant forms mean the 

following: 

(1) 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 Station 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 Station or a 

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. 

(2) Predicted 60 dBu Contour shall be 

calculated as set forth in 47 CFR 73.313. 


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(3) Translator Station and Booster 

Station shall have the same meanings as 

set forth in 47 CFR 74.1201. 

§ 381.7 Recording rights, rates and terms. 

(a) Scope. This section establishes 

rates and terms for the recording of 

nondramatic performances and displays 

of musical works, other than 

compositions subject to voluntary 

license agreements, on and for the radio 

and television programs of public 

broadcasting entities, whether or not in 

synchronization or timed relationship 

with the visual or aural content, and for 

the making, reproduction, and 

distribution of copies and phonorecords 

of public broadcasting programs 

containing such nondramatic 

performances and displays of musical 

works solely for the purpose of 

transmission by public broadcasting 

entities. The rates and terms established 

in this schedule include the making of 

the reproductions described in 17 U.S.C. 

118(c)(3). 

(b) Royalty rate. (1)(i) For uses 

described in paragraph (a) of this 

section of a musical work in a PBSdistributed program, the royalty fees 

shall be calculated by multiplying the 

following per-composition rates by the 

number of different compositions in that 

PBS-distributed program: 

2008–2012 

(A) Feature ......................... $149.94 

(B) Concert feature (per 

minute) ........................... 44.59 

(C) Background .................. 74.97 

(D) Theme: 

(1) Single program or 

first series program 74.97 

(2) Other series program ......................... 30.39 

(ii) For such uses other than in a PBSdistributed television program, the 

royalty fee shall be calculated by 

multiplying the following percomposition rates by the number of 

different compositions in that program: 

2008–2012 

(A) Feature ......................... $9.43 

(B) Concert feature (per 

minute) ........................... 2.48 

(C) Background .................. 4.10 

(D) Theme: 

(1) Single program or 

first series of program ......................... 4.10 

(2) Other series program ......................... 1.63 

(iii) In the event the work is first 

recorded other than in a PBS-distributed 

program, and such program is 

subsequently distributed by PBS, an 

additional royalty payment shall be 

made equal to the difference between 

the rate specified in this section for 

other than a PBS-distributed program 

and the rate specified in this section for 

a PBS-distributed program. 

(2) For uses licensed herein of a 

musical work in a NPR program, the 

royalty fees shall be calculated by 

multiplying the following percomposition rates by the number of 

different compositions in any NPR 

program distributed by NPR. For 

purposes of this schedule ‘‘National 

Public Radio’’ programs include all 

programs produced in whole or in part 

by NPR, or by any NPR station or 

organization under contract with NPR. 

2008–2012 

(i) Feature .......................... $12.35 

(ii) Concert feature (per 

minute) ........................... 18.13 

(iii) Background ................. 6.19 

(iv) Theme: 

(A) Single program or 

first series program 6.19 

(B) Other series program ......................... 2.47 

(3) For purposes of this schedule, a 

‘‘Concert Feature’’ shall be deemed to be 

the nondramatic presentation in a 

program of all or part of a symphony, 

concerto, or other serious work 

originally written for concert 

performance, or the nondramatic 

presentation in a program of portions of 

a serious work originally written for 

opera performance. 

(4) For such uses other than in an 

NPR-produced radio program: 

2008–2012 

(i) Feature .......................... $.79 

(ii) Feature (concert) (per 

half hour) ....................... 1.65 

(iii) Background ................. .40 

(5) The schedule of fees covers use for 

a period of three years following the 

first use. Succeeding use periods will 

require the following additional 

payment: additional one-year period—

25 percent of the initial three-year fee; 

second three-year period—50 percent of 

the initial three-year fee; each three-year 

fee thereafter—25 percent of the initial 

three-year fee; provided that a 100 

percent additional payment prior to the 

expiration of the first three-year period 

will cover use during all subsequent use 

periods without limitation. Such 

succeeding uses which are subsequent 

to December 31, 2012, shall be subject 

to the royalty rates established in this 

schedule. 

(c) Payment of royalty rates. The 

required royalty rates shall be paid to 

each known copyright owner not later 

than July 31 of each calendar year for 

uses during the first six months of that 

calendar year, and not later than January 

31 for uses during the last six months 

of the preceding calendar year. 

(d) Records of use. (1) Maintenance of 

cue sheets. PBS and its stations, NPR, or 

other public broadcasting entities shall 

maintain and make available for 

examination pursuant to paragraph (e) 

of this section copies of their standard 

cue sheets or summaries of same listing 

the recording of the musical works of 

such copyright owners. 

(2) Content of cue sheets or 

summaries. Such cue sheets or 

summaries shall include: 

(i) The title, composer and author to 

the extent such information is 

reasonably obtainable. 

(ii) The type of use and manner of 

performance thereof in each case. 

(iii) For Concert Feature music, the 

actual recorded time period on the 

program, plus all distribution and 

broadcast information available to the 

public broadcasting entity. 

(e) Filing of use reports with the 

Copyright Royalty Judges. Deposit of cue 

sheets or summaries. PBS and its 

stations, NPR, or other television public 

broadcasting entity shall deposit with 

the Copyright Royalty Judges one 

electronic copy in Portable Document 

Format (PDF) on compact disk (an 

optical data storage medium such as a 

CD-ROM, CD-R or CD-RW) or floppy 

diskette of their standard music cue 

sheets or summaries of same listing the 

recording pursuant to this schedule of 

the musical works of copyright owners. 

Such cue sheets or summaries shall be 

deposited not later than July 31 of each 

calendar year for recordings during the 

first six months of the calendar year and 

not later than January 31 of each 

calendar year for recordings during the 

second six months of the preceding 

calendar year. PBS and NPR shall 

maintain at their offices copies of all 

standard music cue sheets from which 

such music use reports are prepared. 

Such music cue sheets shall be 

furnished to the Copyright Royalty 

Judges upon their request and also shall 

be available during regular business 

hours at the offices of PBS or NPR for 

examination by a copyright owner who 

believes a musical composition of such 

owner has been recorded pursuant to 

this schedule. 

§ 381.8 Terms and rates of royalty 

payments for the use of published pictorial, 

graphic, and sculptural works. 

(a) Scope. This section establishes 

rates and terms for the use of published 

pictorial, graphic, and sculptural works 

by public broadcasting entities for the 

activities described in 17 U.S.C. 118. 

The rates and terms established in this 


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Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules 19143 

schedule include the making of the 

reproductions described in 17 U.S.C. 

118(c). 

(b) Royalty rate. (1) The following 

schedule of rates shall apply to the use 

of works within the scope of this 

section: 

(i) For such uses in a PBS-distributed 

program: 

2008–2012 

(A) For featured display of 

a work ............................. $69.70 

(B) For background and 

montage display ............. 33.99 

(C) For use of a work for 

program identification 

or for thematic use ........ 137.40 

(D) For the display of an 

art reproduction copyrighted separately from 

the work of fine art from 

which the work was reproduced irrespective of 

whether the reproduced 

work of fine art is copyrighted so as to be subject also to payment of a 

display fee under the 

terms of the schedule .... 45.14 

(ii) For such uses in other than PBSdistributed programs: 

2008–2012 

(A) For featured display of 

a work ............................. $45.14 

(B) For background and 

montage display ............. 23.13 

(C) For use of a work for 

program identification 

or for thematic use ........ 92.27 

(D) For the display of an 

art reproduction copyrighted separately from 

the work of fine art from 

which the work was reproduced irrespective of 

whether the reproduced 

work of fine art is copyrighted so as to be subject also to payment of a 

display fee under the 

terms of this schedule ... 23.14 

(2) For the purposes of the schedule 

in paragraph (b)(1) of this section the 

rate for the thematic use of a work in an 

entire series shall be double the single 

program theme rate. In the event the 

work is first used other than in a PBSdistributed program, and such program 

is subsequently distributed by PBS, an 

additional royalty payment shall be 

made equal to the difference between 

the rate specified in this section for 

other than a PBS-distributed program 

and the rate specified in this section for 

a PBS-distributed program. 

(3) ‘‘Featured display’’ for purposes of 

this schedule means a full-screen or 

substantially full-screen display 

appearing on the screen for more than 

three seconds. Any display less than 

full-screen or substantially full-screen, 

or full-screen for three seconds or less, 

is deemed to be a ‘‘background or 

montage display’’. 

(4) ‘‘Thematic use’’ is the utilization 

of the works of one or more artists 

where the works constitute the central 

theme of the program or convey a story 

line. 

(5) ‘‘Display of an art reproduction 

copyrighted separately from the work of 

fine art from which the work was 

reproduced’’ means a transparency or 

other reproduction of an underlying 

work of fine art. 

(c) Payment of royalty rate. PBS or 

other public broadcasting entity shall 

pay the required royalty fees to each 

copyright owner not later than July 31 

of each calendar year for uses during the 

first six months of that calendar year, 

and not later than January 31 for uses 

during the last six months of the 

preceding calendar year. 

(d) Records of use. (1) PBS and its 

stations or other public broadcasting 

entity shall maintain and furnish either 

to copyright owners, or to the offices of 

generally recognized organizations 

representing the copyright owners of 

pictorial, graphic and sculptural works, 

copies of their standard lists containing 

the pictorial, graphic, and sculptural 

works displayed on their programs. 

Such notice shall include the name of 

the copyright owner, if known, the 

specific source from which the work 

was taken, a description of the work 

used, the title of the program on which 

the work was used, and the date of the 

original broadcast of the program. 

(2) Such listings shall be furnished 

not later than July 31 of each calendar 

year for displays during the first six 

months of the calendar year, and not 

later than January 31 of each calendar 

year for displays during the second six 

months of the preceding calendar year. 

(e) Filing of use reports with the 

Copyright Royalty Judges. (1) PBS and 

its stations or other public broadcasting 

entity shall deposit with the Copyright 

Royalty Judges one electronic copy in 

Portable Document Format (PDF) on 

compact disk (an optical data storage 

medium such as a CD-ROM, CD-R or 

CD-RW) or floppy diskette of their 

standard lists containing the pictorial, 

graphic, and sculptural works displayed 

on their programs. Such notice shall 

include the name of the copyright 

owner, if known, the specific source 

from which the work was taken, a 

description of the work used, the title of 

the program on which the work was 

used, and the date of the original 

broadcast of the program. 

(2) Such listings shall be furnished 

not later than July 31 of each calendar 

year for displays during the first six 

months of the calendar year, and not 

later than January 31 of each calendar 

year for displays during the second six 

months of the preceding calendar year. 

(f) Terms of use. (1) The rates of this 

schedule are for unlimited use for a 

period of three years from the date of 

the first use of the work under this 

schedule. Succeeding use periods will 

require the following additional 

payment: Additional one-year period—

25 percent of the initial three-year fee; 

second three-year period—50 percent of 

the initial three-year fee; each three-year 

period thereafter—25 percent of the 

initial three-year fee; provided that a 

100 percent additional payment prior to 

the expiration of the first three-year 

period will cover use during all 

subsequent use periods without 

limitation. Such succeeding uses which 

are subsequent to December 31, 2012, 

shall be subject to the rates established 

in this schedule. 

(2) Pursuant to the provisions of 17 

U.S.C. 118(e), nothing in this schedule 

shall be construed to permit, beyond the 

limits of fair use as provided in 17 

U.S.C. 107, the production of a 

transmission program drawn to any 

substantial extent from a published 

compilation of pictorial, graphic, or 

sculptural works. 

§ 381.9 Unknown copyright owners. 

If PBS and its stations, NPR and its 

stations, or other public broadcasting 

entity is not aware of the identity of, or 

unable to locate, a copyright owner who 

is entitled to receive a royalty payment 

under this part, they shall retain the 

required fee in a segregated trust 

account for a period of three years from 

the date of the required payment. No 

claim to such royalty fees shall be valid 

after the expiration of the three-year 

period. Public broadcasting entities may 

establish a joint trust fund for the 

purposes of this section. Public 

broadcasting entities shall make 

available to the Copyright Royalty 

Judges, upon request, information 

concerning fees deposited in trust 

funds. 

§ 381.10 Cost of living adjustment. 

(a) On December 1, 2007, the 

Copyright Royalty Judges shall publish 

in the Federal Register a notice of the 

change in the cost of living as 

determined by the Consumer Price 

Index (all consumers, all items) during 

the period from the most recent Index 

published prior to December 1, 2006, to 


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19144 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules 

the most recent Index published prior to 

December 1, 2007. On each December 1 

thereafter the Copyright Royalty Judges 

shall publish a notice of the change in 

the cost of living during the period from 

the most recent index published prior to 

the previous notice, to the most recent 

Index published prior to December 1, of 

that year. 

(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 rates for 

§ 381.5 which shall adjust those royalty 

amounts established in dollar amounts 

according to the change in the cost of 

living determined as provided in 

paragraph (a) of this section. Such 

royalty rates shall be fixed at the nearest 

dollar. 

(c) The adjusted schedule for rates for 

§ 381.5 shall become effective thirty 

days after publication in the Federal 

Register. 

§ 381.11 Notice of restrictions on use of 

reproductions of transmission programs. 

Any public broadcasting entity which, 

pursuant to 17 U.S.C. 118, supplies a 

reproduction of a transmission program 

to governmental bodies or nonprofit 

institutions shall include with each 

copy of the reproduction a warning 

notice stating in substance that the 

reproductions may be used for a period 

of not more than seven days from the 

specified date of transmission, that the 

reproductions must be destroyed by the 

user before or at the end of such period, 

and that a failure to fully comply with 

these terms shall subject the body or 

institution to the remedies for 

infringement of copyright. 

Dated: April 10, 2007. 

James Scott Sledge, 

Chief Copyright Royalty Judge. 

[FR Doc. E7–7067 Filed 4–16–07; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2007–0165; FRL–8300–3] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Nevada State Implementation Plan; 

Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing, under the 

Clean Air Act, approval of certain 

revisions to the applicable state 

implementation plan for the State of 

Nevada and full disapproval of certain 

other revisions. These revisions involve 

State rules governing applications for, 

and issuance of, permits for stationary 

sources, but not including review and 

permitting of major sources and major 

modifications under parts C and D of 

title I of the Clean Air Act. These 

revisions involve submittal of certain 

new or amended State rules and 

requests by the State for rescission of 

certain existing rules from the state 

implementation plan. The rescission 

requests for which we propose approval 

are contingent upon receipt of public 

notice and hearing documentation from 

the State. EPA is proposing this action 

under the Clean Air Act obligation to 

take action on State submittals of 

revisions to state implementation plans. 

The intended effect is to update the 

rules governing permitting in the 

applicable state implementation plan 

and to rescind unnecessary provisions 

from the applicable plan. EPA is taking 

comments on this proposal and plans to 

follow with a final action. 

DATES: Any comments must arrive by 

June 18, 2007. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2007–0165, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: R9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, (415) 

972–3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. Which rules did the state submit or 

rescind? 

B. What is the regulatory history of the 

Nevada SIP? 

C. What is the purpose of this proposed 

rule? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Public comment and proposed action. 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. Which rules did the state submit or 

rescind? 

On February 16, 2005, the State of 

Nevada’s Department of Conservation 

and Natural Resources, Division of 

Environmental Protection (NDEP) 

submitted a large revision to the 

applicable State Implementation Plan 

(SIP). The February 16, 2005 SIP 

revision submittal includes statutory 

provisions, new or amended rules as 

well as requests for rescission of certain 

statutory provisions and rules approved 

by EPA into the applicable SIP. The 

rules and rescission requests submitted 

by NDEP on February 16, 2005 relate to 

definitions, administrative 

requirements, prohibitory rules, and 

permitting-related requirements and 

procedures. The February 16, 2005 SIP 

submittal also includes documentation 

of public notice and hearing for all of 

the new or amended rules through the 

hearing on November 30, 2004 held by 

the Nevada State Environmental 

Commission. 

On January 12, 2006, NDEP resubmitted most of the earlier submittal 

as modified to reflect new or amended 

rules adopted by the State 

Environmental Commission on October 


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