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[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Pages 590-591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32634]

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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2011-3 CRB Phonorecords II]

Adjustment or Determination of Compulsory License Rates for 
Making and Distributing Phonorecords

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice announcing commencement of proceeding with request for 
Petitions to Participate.

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SUMMARY: The Copyright Royalty Judges are announcing the commencement 
of the proceeding \1\ to determine the reasonable rates and terms for 
making and distributing phonorecords. The Copyright Royalty Judges also 
are announcing the date by which a party who wishes to participate in 
the rate proceeding must file its Petition to Participate and the 
accompanying $150 filing fee.
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    \1\ The prior proceeding was captioned as ``DPRA'' (which stands 
for ``Digital Phonorecord Rate Adjustment''). Hereinafter, this and 
future proceedings will be captioned as ``Phonorecords'' followed by 
the appropriate Roman numeral.

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DATES: February 4, 2011.

ADDRESSES: An original, five copies and an electronic copy in Portable 
Document Format (PDF) on a CD of the Petition to Participate, along 
with the $150 filing fee, may be delivered to the Copyright Royalty 
Board by either mail or hand delivery. Petitions to Participate and the 
$150 filing fee may not be delivered by an overnight delivery service 
other than the U.S. Postal Service Express Mail. If by mail (including 
overnight delivery), Petitions to Participate, along with the $150 
filing fee, must be addressed to: Copyright Royalty Board, P.O. Box 
70977, Washington, DC 20024-0977. If hand delivered by a private party, 
Petitions to Petition, along with the $150 filing fee, must be brought 
between 8:30 a.m. and 5 p.m. to the Library of Congress, James Madison 
Memorial Building, Room LM-401, 101 Independence Avenue, SE., 
Washington, DC 20559-6000. If delivered by a commercial courier, 
Petitions to Participate, along with the $150 filing fee, 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. 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.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, CRB Program Specialist, 
by telephone at (202) 707-7658 or e-mail at crb@loc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Section 804(b)(4) of the Copyright Act, title 17 of the United 
States Code, allows a party to file with the Copyright Royalty Judges a 
petition to adjust or determine reasonable rates and terms for the 
making and distribution of phonorecords, including digital phonorecord 
deliveries, under 17 U.S.C. 115, every five years, starting in the year 
2006. A proceeding was commenced in 2006, 71 FR 1454 (January 9, 2006); 
on

[[Page 591]]

January 26, 2009, the Judges announced the royalty rates and terms for 
the section 115 compulsory license. 74 FR 4510 (January 26, 2009). 
Thus, in accordance with section 804(b)(4), a party may file a petition 
in 2011. However, no petition has been filed; consequently, section 
803(b)(1)(A)(i)(V) requires the Judges to publish in the Federal 
Register by no later than January 5, 2011, a notice commencing this 
proceeding. Today's notice fulfills this requirement.

Petitions to Participate

    Petitions to Participate must be filed in accordance with Sec.  
351.1(b) of the Judges' regulations. See 37 CFR 351.1(b). Petitions to 
Participate must be accompanied by the $150 filing fee. Cash will not 
be accepted; therefore, parties must pay the filing fee with a check or 
money order made payable to the ``Copyright Royalty Board.'' If a check 
received in payment of the filing fee is returned for lack of 
sufficient funds, the corresponding Petition to Participate will be 
dismissed.
    Note that in accordance with 37 CFR 350.2 (Representation), only 
attorneys who are members of the bar in one or more states and in good 
standing will be allowed to represent parties before the Copyright 
Royalty Judges, unless a party is an individual who represents herself 
or himself.

    Dated: December 22, 2010.
William J. Roberts, Jr.,
U.S. Copyright Royalty Judge.
[FR Doc. 2010-32634 Filed 1-4-11; 8:45 am]
BILLING CODE 1410-72-P
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