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[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Page 591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32635]

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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2011-1 CRB PSS/Satellite II]

Determination of Rates and Terms for Preexisting Subscription and 
Satellite Digital Audio Radio Services

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 
preexisting subscription and satellite digital audio radio services for 
the digital performance of sound recordings and the making of ephemeral 
recordings for the period beginning January 1, 2013, and ending 
December 31, 2017. The Copyright Royalty Judges also are announcing the 
date by which a party who wishes to participate in the rate 
determination proceeding must file its Petition to Participate and the 
accompanying $150 filing fee.
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    \1\ The prior proceeding was captioned as ``DSTRA'' (which 
stands for ``Digital Subscription Transmissions Rate Adjustment''). 
Hereinafter, this and future proceedings will be captioned as ``PSS/
Satellite'' (to reflect both preexisting subscription services 
(``PSS'') and satellite digital audio radio services (``Satellite)) 
followed by the appropriate Roman numeral.

DATES: Petitions to Participate and the filing fee are due no later 
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than 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 Participate, 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

    On December 19, 2007, and January 28, 2008, the Copyright Royalty 
Judges announced the rates and terms through December 31, 2012, for the 
digital transmission of sound recordings and the making of ephemeral 
recordings in furtherance of making such transmissions by preexisting 
subscription services and preexisting satellite digital audio radio 
services, respectively. 72 FR 71795 (December 19, 2007), 73 FR 4080 
(January 24, 2008). Section 804(b)(3)(B) of the Copyright Act, title 17 
of the United States Code, requires that ``[s]uch proceedings shall 
next be commenced in 2011 to determine reasonable terms and rates of 
royalty payments, to become effective January 1, 2011.'' 17 U.S.C. 
804(b)(3)(B). Pursuant to this provision, this notice commences the 
rate determination proceeding for the license period 2013-2017. Section 
803(b)(1)(A)(i)(III) of the Copyright Act requires the Judges to 
publish a Federal Register notice no later than January 5, 2011, 
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. 2010-32635 Filed 1-4-11; 8:45 am]
BILLING CODE 1410-72-P
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