34674 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules 

administering the Department’s 

programs and activities. 

Potential Costs and Benefits 

The proposed priorities and 

definitions would impose minimal costs 

on entities that would receive assistance 

through the Department’s discretionary 

grant programs. Additionally, the 

benefits of implementing the proposed 

priorities and definitions outweigh any 

associated costs because it would result 

in the Department’s discretionary grant 

programs encouraging the submission of 

a greater number of high-quality 

applications and supporting activities 

that reflect the Administration’s 

educational priorities. 

Application submission and 

participation in a discretionary grant 

program are voluntary. The Secretary 

believes that the costs imposed on 

applicants by the proposed priorities 

and definitions would be limited to 

paperwork burden related to preparing 

an application for a discretionary grant 

program that is using a priority in its 

competition. Because the costs of 

carrying out activities would be paid for 

with program funds, the costs of 

implementation would not be a burden 

for any eligible applicants, including 

small entities. 

Clarity of the Regulations 

Executive Order 12866 and the 

Presidential memorandum ‘‘Plain 

Language in Government Writing’’ 

require each agency to write regulations 

that are easy to understand. 

The Secretary invites comments on 

how to make the proposed priorities and 

definitions easier to understand, 

including answers to questions such as 

the following: 

• Are the requirements in the 

proposed regulations clearly stated? 

• Do the proposed regulations contain 

technical terms or other wording that 

interferes with their clarity? 

• Would the proposed regulations be 

easier to understand if we divided them 

into more (but shorter) sections? 

• Could the description of the 

proposed regulations in the 

SUPPLEMENTARY INFORMATION section of 

this preamble be more helpful in 

making the proposed regulations easier 

to understand? If so, how? 

To send any comments that concern 

how the Department could make the 

proposed priorities and definitions 

easier to understand, see the 

instructions in the ADDRESSES section. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Regulatory Flexibility Act Certification 

The Secretary certifies that this 

proposed regulatory action would not 

have a significant economic impact on 

a substantial number of small entities. 

The U.S. Small Business Administration 

Size Standards define proprietary 

institutions as small businesses if they 

are independently owned and operated, 

are not dominant in their field of 

operation, and have total annual 

revenue below $7,000,000. Nonprofit 

institutions are defined as small entities 

if they are independently owned and 

operated and not dominant in their field 

of operation. Public institutions are 

defined as small organizations if they 

are operated by a government 

overseeing a population below 50,000. 

The small entities that this proposed 

regulatory action would affect are early 

learning providers, school districts, 

IHEs, nonprofit organizations, and forprofit organizations. Of the impacts we 

estimate accruing to grantees or eligible 

entities, all are voluntary and related 

mostly to an increase in the number of 

applications prepared and submitted 

annually for competitive grant 

competitions. Therefore, we do not 

believe that the proposed priorities and 

definitions would significantly impact 

small entities beyond the potential for 

increasing the likelihood of their 

applying for, and receiving, competitive 

grants from the Department. 

Paperwork Reduction Act 

The proposed priority and definitions 

do not contain any information 

collection requirements. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of the Department published 

in the Federal Register, in text or 

Portable Document Format (PDF). To 

use PDF, you must have Adobe Acrobat 

Reader, which is available free at the 

site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Miguel Cardona, 

Secretary of Education. 

[FR Doc. 2021–14003 Filed 6–29–21; 8:45 am] 

BILLING CODE 4000–01–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 21–CRB–0002–PBR (2023– 

2027)] 

Determination of Rates and Terms for 

Public Broadcasting (PB IV) 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

publish for comment proposed 

regulations that set rates and terms for 

the use of certain copyrighted works by 

certain public broadcasting entities for 

the period beginning January 1, 2023, 

and ending December 31, 2027. 

DATES: Comments and objections, if any, 

are due no later than July 30, 2021. 

ADDRESSES: You may send comments, 

identified by docket number 21–CRB– 

0002–PBR (2023–2027), online through 

eCRB at https://app.crb.gov. 

Instructions: To send your comment 

through eCRB, if you do not have a user 

account, you will first need to register 

for an account and wait for your 

registration to be approved. Approval of 

user accounts is only available during 

business hours. Once you have an 

approved account, you can only sign in 

and file your comment after setting up 

multi-factor authentication, which can 

be done at any time of day. All 

comments must include the Copyright 

Royalty Board name and the docket 

number for this proposed rule. All 

properly filed comments will appear 

without change in eCRB at https://

app.crb.gov, including any personal 

information provided. 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules 34675 

1A ‘‘public broadcasting entity’’ is defined as a 

‘‘noncommercial educational broadcast station as 

defined in section 397 of title 47 and any nonprofit 

institution or organization engaged in the activities 

described in paragraph (2) of subsection (c)’’ of 

section 118. 17 U.S.C. 118(f). 

Docket: For access to the docket to 

read background documents or 

comments received, go to eCRB at 

https://app.crb.gov and perform a case 

search for docket 21–CRB–0002–PBR 

(2023–2027). 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, at 

202–707–7658 or crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 118 of the Copyright Act, title 

17 of the United States Code, establishes 

a statutory license for the use of certain 

copyrighted works in connection with 

noncommercial television and radio 

broadcasting. Chapter 8 of the Copyright 

Act requires the Copyright Royalty 

Judges (‘‘Judges’’) to conduct 

proceedings every five years to 

determine the rates and terms for the 

section 118 license. 17 U.S.C. 801(b)(1), 

804(b)(6). Accordingly, the Judges 

commenced a proceeding in January 

2021, by publishing notice of the 

commencement of the proceeding and a 

request that interested parties submit 

petitions to participate. 86 FR 325 (Jan. 

5, 2021). 

The Judges received petitions to 

participate in the current proceeding 

from The American Society of Authors, 

Composers and Publishers (ASCAP); 

Broadcast Music, Inc. (BMI); Church 

Music Publishers’ Association, Inc. 

(CMPA); Educational Media Foundation 

(EMF); Global Music Rights, LLC; 

National Religious Broadcasters 

Noncommercial Music License 

Committee (NRBNMLC); David Powell; 

Public Broadcasting Entities 

(Corporation for Public Broadcasting 

(CPB), National Public Radio (NPR), and 

Public Broadcasting Service (PBS)); 

SESAC Performing Rights, LLC 

(SESAC); and The Harry Fox Agency 

LLC (HFA). 

The Judges gave notice to all 

participants of the three-month 

negotiation period required by 17 U.S.C. 

803(b)(3) and directed that, if the 

participants were unable to negotiate a 

settlement, they should submit Written 

Direct Statements no later than 

September 10, 2021. Notice of 

Participants, Commencement of 

Voluntary Negotiation Period, and Case 

Scheduling Order (Feb. 9, 2021). 

There are two ways copyright owners 

and public broadcasting entities 1 may 

negotiate rates and terms under the 

section 118 statutory license. First, 

copyright owners may negotiate rates 

and terms with specific public 

broadcasting entities for the use of all of 

the copyright owners’ works covered by 

the license. Section 118(b)(2) provides 

that such license agreements ‘‘shall be 

given effect in lieu of any determination 

by the . . . Copyright Royalty Judges,’’ 

provided that copies of the agreement 

are submitted to the Judges ‘‘within 30 

days of execution.’’ 17 U.S.C. 118(b)(2). 

Second, copyright owners and public 

broadcasting entities may negotiate rates 

and terms for categories of copyrighted 

works and uses that would be binding 

on all owners and entities using the 

same license and submit them to the 

Judges for approval. Section 

801(b)(7)(A) of the Copyright Act 

authorizes the Judges to adopt rates and 

terms negotiated by ‘‘some or all of the 

participants in a proceeding at any time 

during the proceeding’’ provided they 

are submitted to the Judges for approval. 

This section provides that the Judges 

shall provide notice and an opportunity 

to comment on the agreement to (1) 

those that would be bound by the terms, 

rates, or other determination set by the 

agreement and (2) participants in the 

proceeding that would be bound by the 

terms, rates, or other determination set 

by the agreement. See section 

801(b)(7)(A). The Judges may decline to 

adopt the agreement as a basis for 

statutory terms and rates for participants 

not party to the agreement if any 

participant objects and the Judges 

conclude that the agreement does not 

provide a reasonable basis for setting 

statutory terms or rates. Id. 

On May 17, 2021, the Judges received 

a proposal from participant BMI 

regarding ‘‘statutory license fees to be 

paid to BMI by noncommercial 

educational radio broadcast stations 

licensed to colleges or universities that 

are not affiliated with [NPR] for the 

performance of copyrighted musical 

works in BMI’s repertory’’ for the years 

2023 through 2027. Proposal of 

Broadcast Music, Inc. of Rates and 

Terms for Colleges and Universities at 1 

(May 17, 2021) (Proposal). No college 

radio station or related entity filed a 

petition to participate in the proceeding, 

but the National Association of College 

and University Business Officers 

(NACUBO) and the American Council 

on Education (ACE) support BMI’s 

proposal. Proposal at 4. 

The Proposal states that the fees in 

§ 381.5(c)(2)(i) should be modified. See 

Id. at 3–4. The modified fees reflect ‘‘an 

annual cost-of-living increase based on 

CPI, reflecting how increases were 

calculated in the joint proposals 

submitted by BMI and ACE . . . and by 

BMI and NACUBO’’ in prior 

proceedings. Id. at 4. 

The Judges solicit comments on 

whether they should adopt the proposed 

regulations as statutory license fees to 

be paid by certain public broadcasting 

entities, namely, noncommercial 

educational radio stations licensed to 

colleges or universities that are not 

members of NPR, for their performances 

of copyrighted musical works in BMI’s 

repertory, pursuant to 17 U.S.C. 118. 

Comments and objections regarding 

the proposed changes must be 

submitted no later than July 30, 2021. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

propose to amend 37 CFR part 381 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), 803. 

■ 2. Revise § 381.5(c)(2)(i) to read as 

follows: 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * * * 

(c) * * * 

(2) For all such compositions in the 

repertory of BMI, the royalty rates shall 

be as follows: 

(i) Music fees. 

Number of full-time students 2023 2024 2025 2026 2027 

Level 1 ... <1,000 ...................................................................................................... $390 $400 $410 $421 $432 

Level 2 ... 1,000–4,999 ............................................................................................. 451 463 475 487 500 

Level 3 ... 5,000–9,999 ............................................................................................. 619 635 652 669 686 

Level 4 ... 10,000–19,999 ......................................................................................... 801 822 843 865 887 


jbell on DSKJLSW7X2PROD with PROPOSALS

I I I I I 
34676 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules 

1A ‘‘public broadcasting entity’’ is defined as a 

‘‘noncommercial educational broadcast station as 

defined in section 397 of title 47 and any nonprofit 

institution or organization engaged in the activities 

described in paragraph (2) of subsection (c)’’ of 

section 118. 17 U.S.C. 118(f). 

Number of full-time students 2023 2024 2025 2026 2027 

Level 5 ... 20,000+ .................................................................................................... 1,009 1,035 1,062 1,090 1,118 

* * * * * 

Dated June 24, 2021. 

Jesse M. Feder, 

Chief Copyright Royalty Judge. 

[FR Doc. 2021–13922 Filed 6–29–21; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 21–CRB–0002–PBR (2023– 

2027)] 

Determination of Rates and Terms for 

Public Broadcasting (PB IV) 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

publish for comment proposed 

regulations that set rates and terms for 

the use of certain copyrighted works by 

public broadcasting entities for the 

period beginning January 1, 2023, and 

ending December 31, 2027. 

DATES: Comments and objections, if any, 

are due no later than July 30, 2021. 

ADDRESSES: You may send comments, 

identified by docket number 21–CRB– 

0002–PBR (2023–2027), online through 

eCRB at https://app.crb.gov. 

Instructions: To send your comment 

through eCRB, if you don’t have a user 

account, you will first need to register 

for an account and wait for your 

registration to be approved. Approval of 

user accounts is only available during 

business hours. Once you have an 

approved account, you can only sign in 

and file your comment after setting up 

multi-factor authentication, which can 

be done at any time of day. All 

comments must include the Copyright 

Royalty Board name and the docket 

number for this proposed rule. All 

properly filed comments will appear 

without change in eCRB at https://

app.crb.gov, including any personal 

information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to eCRB at 

https://app.crb.gov and perform a case 

search for docket 21–CRB–0002–PBR 

(2023–2027). 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, at 

202–707–7658 or crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 118 of the Copyright Act, title 

17 of the United States Code, establishes 

a statutory license for the use of certain 

copyrighted works in connection with 

noncommercial television and radio 

broadcasting. Chapter 8 of the Copyright 

Act requires the Copyright Royalty 

Judges (‘‘Judges’’) to conduct 

proceedings every five years to 

determine the rates and terms for the 

section 118 license. 17 U.S.C. 801(b)(1), 

804(b)(6). Accordingly, the Judges 

commenced a proceeding in January 

2021, by publishing notice of the 

commencement of the proceeding and a 

request that interested parties submit 

petitions to participate. 86 FR 325 (Jan. 

5, 2021). 

The Judges received petitions to 

participate in the current proceeding 

from The American Society of Authors, 

Composers and Publishers (ASCAP); 

Broadcast Music, Inc. (BMI); Church 

Music Publishers’ Association, Inc. 

(CMPA); Educational Media Foundation 

(EMF); Global Music Rights, LLC; 

National Religious Broadcasters 

Noncommercial Music License 

Committee (NRBNMLC); David Powell; 

Public Broadcasting Entities 

(Corporation for Public Broadcasting 

(CPB), National Public Radio (NPR), and 

Public Broadcasting Service (PBS)); 

SESAC Performing Rights, LLC 

(SESAC); and The Harry Fox Agency 

LLC (HFA). 

The Judges gave notice to all 

participants of the three-month 

negotiation period required by 17 U.S.C. 

803(b)(3) and directed that, if the 

participants were unable to negotiate a 

settlement, they should submit Written 

Direct Statements no later than 

September 10, 2021. Notice of 

Participants, Commencement of 

Voluntary Negotiation Period, and Case 

Scheduling Order (Feb. 9, 2021). 

There are two ways copyright owners 

and public broadcasting entities 1 may 

negotiate rates and terms under the 

section 118 statutory license. First, 

copyright owners may negotiate rates 

and terms with specific public 

broadcasting entities for the use of all of 

the copyright owners’ works covered by 

the license. Section 118(b)(2) provides 

that such license agreements ‘‘shall be 

given effect in lieu of any determination 

by the . . . Copyright Royalty Judges,’’ 

provided that copies of the agreement 

are submitted to the Judges ‘‘within 30 

days of execution.’’ 17 U.S.C. 118(b)(2). 

Second, copyright owners and public 

broadcasting entities may negotiate rates 

and terms for categories of copyrighted 

works and uses that would be binding 

on all owners and entities using the 

same license and submit them to the 

Judges for approval. Section 

801(b)(7)(A) of the Copyright Act 

authorizes the Judges to adopt rates and 

terms negotiated by ‘‘some or all of the 

participants in a proceeding at any time 

during the proceeding’’ provided they 

are submitted to the Judges for approval. 

This section provides that the Judges 

shall provide notice and an opportunity 

to comment on the agreement to (1) 

those that would be bound by the terms, 

rates, or other determination set by the 

agreement and (2) participants in the 

proceeding that would be bound by the 

terms, rates, or other determination set 

by the agreement. See section 

801(b)(7)(A). The Judges may decline to 

adopt the agreement as a basis for 

statutory terms and rates for participants 

not party to the agreement if any 

participant objects and the Judges 

conclude that the agreement does not 

provide a reasonable basis for setting 

statutory terms or rates. Id. 

On June 21, 2021, the Judges received 

a joint proposal from participants HFA 

and NRBNMLC regarding fees for 

recording rights under 37 CFR 

381.7(b)(4) for the period 2023–2027. 

Joint Proposal . . . Regarding Fees for 

Recording Rights Under 37 CFR 

381.7(B)(4) (June 21, 2021) (Proposal). 

The fees in § 381.7(b)(4) apply to the 

‘‘recording of nondramatic 

performances and displays of musical 

works for the types of uses described in 

17 U.S.C. 118(c)(2)–(3) by 

noncommercial radio stations other than 

uses in a radio program produced by 

[NPR] and other than uses subject to 

voluntary license agreements.’’ Proposal 

at 2. HFA and NRBNMLC filed a 

proposal instead of a notice of 

settlement because NRBNMLC does not 

represent all radio stations subject to the 

fees. Id. Participant EMF joins in the 

proposal. Id. at 3 n.2. 

The Proposal states that the fees in 

§ 381.7(b)(4) should be modified. See id. 

at 2–3. It also proposes carrying forward 


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