Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices 50113 

1See Order on Motions for Distribution in Docket 

Numbers 2007–3 CRB CD 2004–05; 2008–4 CRB CD 

2006; 2009–6 CRB CD 2007; 2010–6 CRB CD 2008; 

2011–7 CRB CD 2009; 2010–2 CRB SD 2004–07; 

2010–7 CRB SD 2008; 2011–8 CRB SD 2009. 

2This notice relates only to cable royalties; 

satellite royalties shall be the subject of a separate 

notice. 

appointment to the Advisory Council on 

Employee Welfare and Pension Benefit 

Plans to represent any of the groups or 

fields specified in the preceding 

paragraph may submit nominations to 

Larry Good, Council Executive 

Secretary, Frances Perkins Building, 

U.S. Department of Labor, 200 

Constitution Avenue NW., Suite N– 

5623, Washington, DC 20210, or to 

good.larry@dol.gov. Nominations 

(including supporting nominations) 

must be received on or before 

September 6, 2013. Nominations may be 

in the form of a letter, resolution or 

petition, signed by the person making 

the nomination or, in the case of a 

nomination by an organization, by an 

authorized representative of the 

organization. 

Nominations, including supporting 

letters, should: 

• State the person’s qualifications to 

serve on the Council. 

• State that the candidate will accept 

appointment to the Council if offered. 

• Include which of the five positions 

the candidate is nominated to fill. 

• Include the nominee’s full name, 

work affiliation, mailing address, phone 

number, and email address. 

• Include the nominator’s full name, 

mailing address, phone number, and 

email address. 

• Include the nominator’s signature, 

whether sent by email or otherwise. 

Please do not include any information 

that you do not want publicly disclosed. 

In selecting Council members, the 

Secretary of Labor will consider 

individuals nominated in response to 

this Federal Register notice, as well as 

other qualified individuals. 

Nominees will be contacted to 

provide information on their political 

affiliation and their status as registered 

lobbyists. Nominees should be aware of 

the time commitment for attending 

meetings and actively participating in 

the work of the Council. Historically, 

this has meant a commitment of 15–20 

days per year. 

Signed at Washington, DC this 12th day of 

August, 2013. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits 

Security Administration. 

[FR Doc. 2013–19951 Filed 8–15–13; 8:45 am] 

BILLING CODE 4510–29–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 2012–6 CRB CD 2004–2009 

(Phase II)] 

Distribution of 2004, 2005, 2006, 2007, 

2008, and 2009 Cable Royalty Funds 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Initiation of Phase II proceeding 

and request for Petitions to Participate. 

SUMMARY: The Copyright Royalty Judges 

(Judges) announce the commencement 

of a proceeding to determine the Phase 

II distribution of royalties deposited 

with the Register of Copyrights for the 

statutory license allowing distant 

retransmission of over-the-air television 

and radio broadcast signals by cable 

system operators. The funds to be 

distributed are those relating to 

broadcast years 2004, 2005, 2006, 2007, 

2006, and 2009. The Judges also 

announce the date by which any party 

wishing to participate in this 

distribution proceeding must file its 

Petition to Participate and the 

accompanying $150 filing fee, if 

applicable. 

DATES: Petitions to Participate and the 

filing fee are due on or before September 

16, 2013. 

ADDRESSES: Participants must submit an 

original, five paper copies, and an 

electronic copy in Portable Document 

Format (PDF) on a CD of the Petition to 

Participate, along with the $150 filing 

fee, to the Copyright Royalty Board by 

either mail or hand delivery. 

Participants MAY NOT submit Petitions 

to Participate and the $150 filing fee by 

an overnight delivery service other than 

the U.S. Postal Service Express Mail. If 

participants choose to use U.S. Postal 

Service (including overnight delivery), 

they must address their submissions to: 

Copyright Royalty Board, P.O. Box 

70977, Washington, DC 20024–0977. If 

participants choose hand delivery by a 

private party, they must deliver the 

submissions to the Library of Congress, 

James Madison Memorial Building, LM– 

401, 101 Independence Avenue, SE., 

Washington, DC 20559–6000. If 

participants choose delivery by a 

commercial courier, they must deliver 

the submissions to the Congressional 

Courier Acceptance Site, located at 2nd 

and D Street NE., Washington, DC. The 

envelope must be addressed to: 

Copyright Royalty Board, Library of 

Congress, James Madison Memorial 

Building, LM–403, 101 Independence 

Avenue SE., Washington, DC 20559– 

6000. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, CRB Program Specialist, 

by telephone at (202) 707–7658, or 

email at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Twice each calendar year, cable 

system operators must deposit royalty 

payments with the Copyright Office for 

the statutory license granting the 

privilege of retransmitting over-the-air 

television and radio broadcast signals. 

17 U.S.C. 111. The royalties are then 

distributed to copyright owners whose 

works were retransmitted and who 

timely filed a claim for royalties. 

The royalties at issue in this 

proceeding are being distributed in two 

phases. For broadcast years 2004 and 

2005, the Judges conducted Phase I 

hearings, after which they determined 

the percentage allocation of the royalties 

among representatives of the major 

categories of copyrightable content 

(movies, sports programming, music, 

etc.). For broadcast years 2006 through 

2009, the parties settled their 

controversies. The Judges authorized a 

final Phase I distribution for all six years 

at issue currently by order dated 

February 17, 2012 1. The Phase I 

distribution order for broadcast years 

2004 through 2009 provided for 

retention of $20 million in cable royalty 

funds, divided equally among each of 

the six years, and $13 million in 

satellite royalty funds,2 divided equally 

among each of the six years, pending 

resolution of remaining controversies 

regarding proper distribution and 

allocation of those funds. The purpose 

of this Phase II proceeding is to allocate 

the royalties among the various 

copyright owners within each category. 

Commencement of Phase II Proceeding 

The Judges determine that a Phase II 

controversy exists as to the distribution 

of the retained cable royalty funds 

deposited for broadcast years 2004 

through 2009, inclusive. On July 27, 

2012, three Phase I participants, Joint 

Sports Claimants, Program Suppliers, 

and Devotional Claimants filed a Joint 

Motion to Initiate Phase II Proceedings 

(Joint Motion), representing that all 

other Phase I category royalty recipients 

had resolved their remaining 

controversies and seeking to consolidate 

the proceeding for years 2004–05 with 


emcdonald on DSK67QTVN1PROD with NOTICES
50114 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices 

1See Notice Requesting Comments, 70 FR 46193 

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

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

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

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

Docket 2010–2 CRB SD 2004–2007; Notice 

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

Docket 2010–7 CRB SD 2008); Notice Requesting 

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

2011–8 CRB SD 2009. 

proceedings for years 2006 through 

2009. 

Independent Producers Group (IPG) 

objected to the motion, citing 

unresolved distribution of royalties 

deposited for royalty years antedating 

2004 and asserting that the earlier 

distributions should be completed 

before initiating a proceeding for the 

funds at issue in this proceeding. In the 

interim, between the Joint Motion and 

this notice, the Judges have resolved or 

scheduled for resolution all issues 

remaining in the earlier proceedings. 

IPG’s objection to initiating this Phase II 

proceeding is not persuasive as it is no 

longer germane. 

In light of the outstanding Phase II 

controversies with respect to cable 

royalties for 2004 to 2009, inclusive, the 

Judges hereby grant the Joint Motion, 

initiating a Phase II proceeding and 

consolidating all extant proceedings 

relating to cable royalties for the years 

2004 through 2009, inclusive, for 

resolution under the docket number 

noted above. 

Petitions To Participate 

Any interested party must file a 

Petition to Participate (PTP) in 

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

PTPs submitted by interested parties 

whose claims do not exceed $1,000 

must contain a statement that the party 

will not seek a distribution of more than 

$1,000. The Judges will accept PTPs for 

claims not exceeding $1,000 without a 

filing fee. The Judges will reject the PTP 

of any party asserting a claim in excess 

of $1,000 that is not accompanied by the 

filing fee of $150. The filing fee must be 

paid by check or money order payable 

to the ‘‘Copyright Royalty Board.’’ If a 

check is returned for insufficient funds, 

the corresponding Petition to Participate 

will be dismissed. 

To participate in this Phase II 

proceeding, a party, other than an 

individual, must be represented by an 

attorney. 

The Judges will address scheduling 

and further procedural matters after 

Petitions to Participate are filed. 

Dated: August 12, 2013. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

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

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

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

2008–5 CRB SD 1999–2000] 

Distribution of 1999, 2000, 2001, 2002, 

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

2009 Satellite Royalty Funds 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice announcing 

commencement of Phase II distribution 

proceeding and request for Petitions to 

Participate. 

SUMMARY: The Copyright Royalty Judges 

(Judges) announce the commencement 

of a proceeding to determine the Phase 

II distribution of royalties deposited by 

satellite carriers for a statutory license to 

retransmit over-the-air television 

broadcast stations. A party wishing to 

participate in this distribution 

proceeding must file its Petition to 

Participate and the accompanying $150 

filing fee, if applicable, by the deadline 

announced in this notice. 

DATES: Petitions to Participate are due 

on or before September 16, 2013. 

ADDRESSES: Participants must submit a 

Petition to Participate in a hard-copy 

original, with five paper copies and an 

electronic copy in Portable Document 

Format (PDF) on a Compact Disc, along 

with the $150 filing fee, to the Copyright 

Royalty Board by either mail or hand 

delivery. Participants MAY NOT submit 

Petitions to Participate and the $150 

filing fee by an overnight delivery 

service other than the U.S. Postal 

Service Express Mail. If participants 

choose to use U.S. Postal Service 

(including overnight delivery), they 

must address their submissions to: 

Copyright Royalty Board, P.O. Box 

70977, Washington, DC 20024–0977. If 

participants choose hand delivery by a 

private party, they must deliver the 

submissions to the Library of Congress, 

James Madison Memorial Building, LM– 

401, 101 Independence Avenue SE., 

Washington, DC 20559–6000. If 

participants choose delivery by a 

commercial courier, they must deliver 

the submissions to the Congressional 

Courier Acceptance Site, located at 2nd 

and D Street, NE., Washington, DC. The 

envelope must be addressed to: 

Copyright Royalty Board, Library of 

Congress, James Madison Memorial 

Building, LM–403, 101 Independence 

Avenue SE., Washington, DC 20559– 

6000. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, CRB Program Specialist, 

by telephone at (202) 707–7658 or email 

at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Twice each calendar year, satellite 

carriers must deposit royalty payments 

with the Copyright Office for the 

statutory license granting the privilege 

of retransmitting over-the-air television 

broadcast stations. See 17 U.S.C. 

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

distributed to copyright owners whose 

works were retransmitted and who 

timely filed a claim for royalties. 

The royalties for each calendar year at 

issue are distributed in two phases. At 

Phase I, the royalties are divided among 

representatives of categories of 

copyrightable content (e.g., movies, 

music, and sports programming). At 

Phase II, the royalties are divided among 

the various copyright owners within 

each category. If all participants agree to 

a proposed distribution of royalties 

deposited in any given royalty year, the 

Judges may approve the settlement and 

authorize disbursement. If, however, the 

participants identify a controversy as to 

the proper distribution, either at Phase 

I or Phase II, the Judges are required to 

conduct a proceeding under chapter 8 of 

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

119(b)(4)(B). 

For each of the royalty years at issue 

in this proceeding, the Judges have 

published in the Federal Register a 

notice requesting comments as to the 

existence of controversies regarding 

distribution of the funds.1 In each 

instance, the Judges received and 

considered comments and ordered 

partial distribution of satellite royalties. 

Participants with a contested claim to 

each prior year’s distribution now seek 

initiation of a consolidated Phase II 

proceeding to resolve all remaining 

controversies regarding the royalty 

funds that the Copyright Office retains. 

On August 29, 2012, representatives 

of certain Phase I categories of claimants 

filed a Joint Motion to Initiate Phase II 

Proceedings for the Distribution of the 

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

2006, 2007, 2008, and 2009 Satellite 

Royalty Funds (Joint Motion). The 

parties making the request are: Joint 

Sports Claimants (JSC), Program 

Suppliers, Devotional Claimants, 


emcdonald on DSK67QTVN1PROD with NOTICES