Federal Register / Vol. 89, No. 230 / Friday, November 29, 2024 / Rules and Regulations 94613 

1On November 13, 2024, the Bureau of Labor 

Statistics announced that the CPI–U increased 2.6% 

over the last 12 months. 

Military Department’s BCM/NR 

decision, the DARB will notify the 

petitioner in writing of its final 

decision. If the DARB recommends to 

upgrade or partially upgrade the 

characterization of a discharge or 

dismissal, the Secretary of the Military 

Department concerned will notify the 

petitioner in writing of its final 

decision. 

(1) If the Secretary of the Military 

Department approves the DARB 

recommendation, the petitioner will be 

notified of the approved change and any 

change to the characterization of a 

discharge or dismissal will be effective 

as of the date of discharge. 

(2) If the Secretary of the Military 

Department disapproves the DARB 

recommendation, the Secretary 

concerned must provide the petitioner a 

written explanation detailing its 

rationale for disapproving the DARB’s 

recommendation. 

(c) The Secretaries of the Military 

Departments may delegate, in writing, 

the authority to act on DARB 

recommendations to a PAS official but 

further re-delegation is not authorized. 

(d) The Secretary’s or designee’s 

action will be the final action. The 

petitioner has no right to a further 

review or to appeal this decision. 

§ 73.8 Annual reporting requirements. 

(a) The DARB President will submit 

draft reports to OUSD(P&R) by the 1st of 

October for the preceding FY (October 

1st through September 30th). The first 

report will be published on October 1, 

2022, and the report will contain the 

DARB data for FY 2022. 

(b) The reporting period will be 

inclusive from the first through the last 

days of each reporting period. 

(c) The report will contain the 

following information: 

(1) The number of requests received; 

(2) The number of requests rejected 

for failure to meet eligibility criteria for 

a final review; 

(3) The number of requests 

considered; 

(4) The number of requests returned 

to the BCM/NRs for reconsideration; 

(5) The number of recommendations 

to upgrade the characterization of a 

discharge or dismissal granted by the 

Secretaries of the Military Departments 

pursuant to the DARB, to include the 

most common reasons for such 

upgrades; and 

(6) The number of recommendations 

to upgrade the characterization of a 

discharge or dismissal declined by the 

Secretaries of the Military Departments 

pursuant to the DARB, to include the 

most common reasons for such 

declinations. 

(d) The annual reports will be 

published on a publicly accessible DoD 

website; the reports can be accessed at 

https://boards.law.af.mil/OSD_

DARB.htm. 

Dated: November 18, 2024. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2024–27268 Filed 11–27–24; 8:45 am] 

BILLING CODE 6001–FR–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 24–CRB–0009–PBR (2023– 

2027) COLA (2025)] 

Cost of Living Adjustment to Public 

Broadcasters Compulsory License 

Royalty Rate 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule; cost of living 

adjustment. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) to the royalty rate that 

noncommercial radio stations at certain 

colleges, universities, and other 

educational institutions that are not 

affiliated with National Public Radio 

must pay for the use in 2025 of 

published nondramatic musical 

compositions in the SESAC Performing 

Rights, LLC (SESAC) and Global Music 

Rights, LLC (GMR) repertories pursuant 

to the statutory license under the 

Copyright Act for noncommercial 

broadcasting. 

DATES: 

Effective date: November 29, 2024. 

Applicability dates: These rates are 

applicable to the period January 1, 2025, 

through December 31, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, CRB Program Assistant, 

(202) 707–7658, crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Section 

118 of the Copyright Act, title 17 of the 

United States Code, creates a statutory 

license for the use of published 

nondramatic musical works and 

published pictorial, graphic, and 

sculptural works in connection with 

noncommercial broadcasting. 

On June 28, 2023, the Copyright 

Royalty Judges (Judges) adopted final 

regulations governing the rates and 

terms of copyright royalty payments 

under section 118 of the Copyright Act 

for the license period 2023–2027. See 88 

FR 41827. Pursuant to these regulations, 

on or before December 1 of each year, 

the Judges shall publish in the Federal 

Register notice of the change in the cost 

of living and a revised schedule of the 

rates codified at § 381.5(c)(3) and (4) 

relating to compositions in the repertory 

of SESAC and GMR. The adjustment, 

fixed to the nearest dollar, shall be the 

greater of (1) the change in the cost of 

living as determined by the Consumer 

Price Index (all consumers, all items) 

(‘‘CPI–U’’) ‘‘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’’ or (2) 1.5%. 37 CFR 381.10. 

The change in the cost of living as 

determined by the CPI–U during the 

period from the most recent index 

published prior to the previous notice, 

i.e., before December 1, 2023, to the 

most recent index published before 

December 1, 2024, is 2.6%.1 In 

accordance with 37 CFR 381.10(b), the 

Judges announce that the COLA for 

calendar year 2025 shall be 2.6%. 

Application of the 2.6% COLA to the 

2024 rates for the performance of 

published nondramatic musical 

compositions in the repertory of SESAC 

and GMR—$194 per station—results in 

an adjusted rate of $199 per station, 

rounded to the nearest dollar. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Rates, 

Television. 

Final Regulations 

In consideration of the foregoing, the 

Copyright Royalty Judges amend part 

381 of title 37 of the Code of Federal 

Regulations 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. 

■ 2. Section 381.5 is amended by 

revising paragraphs (c)(3)(iii) and 

(c)(4)(iii) as follows: 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * * * 

(c) * * * 

(3) * * * 


khammond on DSK9W7S144PROD with RULES
94614 Federal Register / Vol. 89, No. 230 / Friday, November 29, 2024 / Rules and Regulations 

1The most recent five-year reauthorization was 

pursuant to the STELA Reauthorization Act of 2014, 

Public Law 113–200. The license was made 

permanent by the Satellite Television Community 

Protection and Promotion Act of 2019, Public Law 

116–94, div. P, title XI, section 1102(a), (c)(1), 133 

Stat. 3201, 3203. 

2Program Suppliers and Joint Sports Claimants 

comprised the Copyright Owners while DIRECTV, 

Inc., DISH Network, LLC, and National 

Programming Service, LLC, comprised the Satellite 

Carriers. 

3On November 13, 2024, the Bureau of Labor 

Statistics announced that the CPI–U increased 2.6% 

over the last 12 months. 

(iii) 2025: $199 per station. 

* * * * * 

(4) * * * 

(iii) 2025: $199 per station. 

* * * * * 

Dated: November 21, 2024. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2024–27722 Filed 11–27–24; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 386 

[Docket No. 24–CRB–0011–SA–COLA 

(2025)] 

Cost of Living Adjustment to Satellite 

Carrier Compulsory License Royalty 

Rates 

AGENCY: Copyright Royalty Board (CRB), 

Library of Congress. 

ACTION: Final rule; cost of living 

adjustment. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) of 2.6% in the royalty rates 

satellite carriers pay for a compulsory 

license under the Copyright Act. The 

COLA is based on the change in the 

Consumer Price Index from October 

2023 to October 2024. 

DATES: 

Effective date: November 29, 2024. 

Applicability dates: These rates are 

applicable to the period January 1, 2025, 

through December 31, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, (202) 707–7658, crb@

loc.gov. 

SUPPLEMENTARY INFORMATION: The 

satellite carrier compulsory license 

establishes a statutory copyright 

licensing scheme for the distant 

retransmission of television 

programming by satellite carriers. 17 

U.S.C. 119. Congress created the license 

in 1988 and reauthorized the license for 

additional five-year periods until 2019 

when it made the license permanent.1

On August 31, 2010, the Copyright 

Royalty Judges (Judges) adopted rates 

for the section 119 compulsory license 

for the 2010–2014 term. See 75 FR 

53198. The rates were proposed by 

Copyright Owners and Satellite 

Carriers 2 and were unopposed. Id. 

Section 119(c)(2) of the Copyright Act 

provides that, effective January 1 of each 

year, the Judges shall adjust the royalty 

fee payable under section 119(b)(1)(B) 

‘‘to reflect any changes occurring in the 

cost of living as determined by the most 

recent Consumer Price Index (for all 

consumers and for all items) [CPI–U] 

published by the Secretary of Labor 

before December 1 of the preceding 

year.’’ Section 119 also requires that 

‘‘[n]otification of the adjusted fees shall 

be published in the Federal Register at 

least 25 days before January 1.’’ 17 

U.S.C. 119(c)(2). 

The change in the cost of living as 

determined by the CPI–U during the 

period from the most recent index 

published before December 1, 2023, to 

the most recent index published before 

December 1, 2024, is 2.6%.3 Application 

of the 2.6% COLA to the current rate for 

the secondary transmission of broadcast 

stations by satellite carriers for private 

home viewing—35 cents per subscriber 

per month—results in a rate of 36 cents 

per subscriber per month (rounded to 

the nearest cent). See 37 CFR 

386.2(b)(1). Application of the 2.6% 

COLA to the current rate for viewing in 

commercial establishments—72 cents 

per subscriber per month—results in a 

rate of 74 cents per subscriber per 

month (rounded to the nearest cent). See 

37 CFR 386.2(b)(2). 

List of Subjects in 37 CFR Part 386 

Copyright, Satellites, Television. 

Final Regulations 

In consideration of the foregoing, the 

Copyright Royalty Judges amend part 

386 of title 37 of the Code of Federal 

Regulations as follows: 

PART 386—ADJUSTMENT OF 

ROYALTY FEES FOR SECONDARY 

TRANSMISSIONS BY SATELLITE 

CARRIERS 

■ 1. The authority citation for part 386 

continues to read as follows: 

Authority: 17 U.S.C. 119(c), 801(b)(1). 

■ 2. Section 386.2 is amended by adding 

paragraphs (b)(1)(xvi) and (b)(2)(xvi) to 

read as follows: 

§ 386.2 Royalty fee for secondary 

transmission by satellite carriers. 

* * * * * 

(b) * * * 

(1) * * * 

(xvi) 2025: 36 cents per subscriber per 

month. 

(2) * * * 

(xvi) 2025: 74 cents per subscriber per 

month. 

Dated: November 21, 2024. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2024–27737 Filed 11–27–24; 8:45 am] 

BILLING CODE 1410–72–P 


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