5058 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Notices

Sandros, Attorney Advisor, Copyright

Arbitration Royalty Panels, P.O. Box

70977, Southwest Station, Washington,

DC 20024. Telephone: (202) 707–8380.

SUPPLEMENTARY INFORMATION: The

Digital Performance Right in Sound

Recordings Act of 1995 (‘‘Digital

Performance Act’’), Public Law No. 104–

39, 109 Stat. 336., confirms and clarifies

that the scope of the compulsory license

to make and distribute phonorecords of

nondramatic musical compositions

includes digital transmissions which

constitute ‘‘digital phonorecord

deliveries.’’ 17 U.S.C. 115(c)(3). A

‘‘digital phonorecord delivery’’ is each

individual delivery of a phonorecord by

digital transmission of a sound

recording which results in a specifically

identifiable reproduction by or for any

transmission recipient. 17 U.S.C. 115(d),

37 CFR 255.4.

The rate for all digital phonorecord

deliveries made or authorized under a

compulsory license on or before

December 31, 1997, is the same as the

current rate for the making and

distribution of physical phonorecords:

6.95 cents for each work embodied in a

phonorecord, or 1.3 cents per minute of

playing time or fraction thereof,

whichever amount is larger. 37 CFR

255.5.

The current rate for digital

phonorecord deliveries expires on

December 31, 1997. Accordingly, in the

Digital Performance Act, Congress

established a two-step process for

adjusting the royalty rate, a negotiation

period wherein the owners and the

users attempt to reach their own

voluntary licenses, and then if

necessary, and upon the filing of a

petition in 1997, the convening of a

copyright arbitration royalty panel

(CARP) to establish rates and terms for

those persons who are not covered by

such voluntary licenses. 17 U.S.C.

115(c)(3) (C) and (D).

On July 17, 1996, the Copyright Office

published a notice initiating a period for

the users and owners to negotiate

reasonable rates and terms for digital

transmissions that constitute a digital

phonorecord delivery. 61 FR 37213 (July

17, 1996). In that notice, the Office

acknowledged that the Digital

Performance Act specified neither a date

for initiating the negotiation period, nor

a date for concluding the negotiations

and instituting an arbitration

proceeding. Nevertheless, the expiration

of the current rates on December 31,

1997, prompted the Office to create a

schedule which would have new

effective rates in place by January 1,

1998. Id.

The parties with an interest in

negotiating the rates and terms for the

digital phonorecord delivery license

established in the Digital Performance

Act, however, believed that the Office’s

proposed schedule did not provide

sufficient time for negotiating a

voluntary set of rates and terms.

Therefore, on November 8, 1996, the

Recording Industry Association of

America, the National Music Publishers’

Association, Inc., and the Harry Fox

Agency, Inc. (collectively, ‘‘the Parties’’)

filed a joint motion with the Library to

vacate the scheduled dates appearing in

the July 17, 1996, Federal Register

notice. The Parties informed the Office

that adherence to the proposed schedule

would prematurely terminate their

efforts to reach a voluntary license. The

Office announced a new schedule for

this proceeding, 61 FR 65243 (December

11, 1996), which moved the date for the

filing of direct cases from January 31,

1997, to April 1, 1997.

In response to the new schedule, the

parties requested a meeting with the

Register of Copyrights to discuss the

problems associated with negotiating

rates and terms for the digital

phonorecord delivery compulsory

license within the proposed time frame.

The Copyright Office met with

representatives of the Recording

Industry of America, the National Music

Publishers’ Association, and the Harry

Fox Agency, Inc. on January 9, 1997. At

this meeting, the Parties outlined the

difficulties in determining rates and

terms for use of a new technology in a

marketplace with little definition or

clear direction. The Parties indicated

that they fully expected to reach a

voluntary agreement through

negotiations over the next few months;

however, they believe it is not possible

to conclude negotiations before April 1,

nor to prepare adequate direct cases for

presentation to an arbitration panel by

this date in the event the Office chose

to proceed with its schedule. At the

conclusion of the meeting, the Parties

asked the Office to reconsider their

original motion to vacate the schedule

and to refrain from setting a new

schedule while the Parties continue

their negotiations.

Upon further consideration, the Office

is granting the Parties’ request to vacate

the announced schedule for this

proceeding, thereby removing any

impediment for constructive

negotiations between the users and the

owners. The setting of the rates and

terms for the delivery of digital

phonorecords is not an open ended

process; therefore, the Office will

continue to monitor the progress of the

negotiations through periodic status

meetings, the first of which is scheduled

for April 1, 1997.

Dated: January 27, 1997.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 97–2539 Filed 1–31–97; 8:45 am]

BILLING CODE 1410–33–P

NATIONAL COMMUNICATIONS

SYSTEM

Telecommunications Service Priority

System Oversight Committee

AGENCY: National Communications

System (NCS).

ACTION: Notice of meeting.

A meeting of the Telecommunications

Service Priority (TSP) System Oversight

Committee will convene Thursday

March 6, 1997 from 9 a.m. to 12:00 a.m.

The meeting will be held at Booz-Allen

& Hamilton 8283 Greensboro Drive,

McLean VA.

—Opening/Administrative Remarks

—Status of the TSP Program

—Preview of the TSP and CPAS Home Page

—Status of the CPAS Program

Anyone interested in attending or

presenting additional information to the

Committee, please contact LCDR Angela

Abrahamson, Manager, TSP Program Office,

(703) 607–4930, or Betty Hoskin (703) 607–

4932 by March 1, 1997.

Dr. Dennis Bodson,

Federal Register Liaison Officer, National

Communications System.

[FR Doc. 97–2602 Filed 1–31–97; 8:45 am]

BILLING CODE 5003–25–M

NATIONAL CREDIT UNION

ADMINISTRATION

Notice of Change in Subject of Meeting

The National Credit Union

Administration Board determined that

its business required the deletion of the

following items from the previously

announced open meeting (Federal

Register, Vol. 62, No. 17, page 3922,

January 27, 1997) scheduled for

Wednesday, January 29, 1997.

3. Chartering and Field of Membership

Issues.

7. Final Rule: Amendments to Part 704,

NCUA’s Rules and Regulations, Corporate

Credit Unions.

The Board voted unanimously that

Agency business required that these

items be deleted from the open agenda

and earlier announcement of these

changes was not possible.

The previously announced items were:

1. Approval of Minutes of Previous Open

Meeting.

2. Proposed Revision to the Operating Fee

Scale.