[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72471-72472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23639]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2005-5 CRB DTNSRA]


Digital Performance Right in Sound Recordings and Ephemeral 
Recordings for a New Subscription Service

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 Board of the Library of Congress is 
announcing the commencement of a proceeding to determine the reasonable 
rates and

[[Page 72472]]

terms for the transmission and ephemeral recording statutory licenses 
that would apply to a new type of service. This new type of 
subscription service performs sound recordings on digital audio 
channels programmed by the licensee for transmission by a satellite 
television distribution service to its residential customers, where the 
audio channels are bundled with television channels as part of a 
``basic'' package of service and not for a separate fee. The Board is 
also announcing the date by which a party who wishes to participate in 
the new rate proceeding must file its Petition to Participate and the 
accompanying $150 filing fee.

DATES: Petitions to Participate and the filing fee are due no later 
than January 4, 2006.

ADDRESSES: If hand delivered by a private party, an original and five 
copies of a Petition to Participate along with the $150 filing fee 
should be brought to Room LM-401 of the James Madison Memorial Building 
between 8:30 a.m. and 5 p.m. and the envelope should be addressed as 
follows: Copyright Royalty Board, Library of Congress, James Madison 
Memorial Building, Room LM-401, 101 Independence Avenue, SE., 
Washington, DC 20559-6000. If delivered by a commercial carrier, an 
original and five copies of a Petition to Participate along with the 
$150 filing fee must be delivered to the Congressional Courier 
Acceptance Site located at Second and D Street, NE., Monday through 
Friday between 8:30 a.m. and 4 p.m. The envelope should be addressed as 
follows: Copyright Royalty Board, Library of Congress, Room 403, James 
Madison Memorial Building, 101 Independence Avenue, SE., Washington, 
DC. If sent by mail (including overnight delivery using U.S. Postal 
Service Express Mail), an original and five copies of a Petition to 
Participate along with the $150 filing fee should be addressed to: 
Copyright Royalty Board, P.O. Box 70977, Southwest Station, Washington, 
DC 20024-0977. Petitions to Participate and the $150 filing fee may not 
be delivered by means of overnight delivery services such as Federal 
Express, United Parcel Service, etc., due to delays in processing 
receipt of such deliveries.

FOR FURTHER INFORMATION CONTACT: William J. Roberts, Jr., Senior 
Attorney, or Abioye E. Oyewole, CRB Program Specialist. Telephone: 
(202) 707-8380. Telefax: (202) 252-3423.

SUPPLEMENTARY INFORMATION:

Background

    On October 31, 2005, the Copyright Royalty Board (``Board'') from 
XM Satellite Radio, Inc. (``XM''), a Petition to Initiate and Schedule 
Proceeding for a New Type of Subscription Service pursuant to 17 U.S.C. 
114(f)(2)(C). As characterized in the Petition, ``This new type of 
subscription service performs sound recordings on digital audio 
channels programmed by the licensee for transmission by a satellite 
television distribution service to its residential customers, where the 
audio channels are bundled with television channels as part of a 
`basic' package of service and not for a separate fee.'' XM Petition at 
1.
    As explained in the Petition, commencing on or about November 15, 
2005, DirecTV, Inc., (``DirecTV''), a provider of television service to 
residential consumers by satellite, would begin to include a number of 
music and non-music audio channels, supplied by XM in its program 
lineup. The XM channels will be ``a part of the DirecTV basic package 
of service, without requiring payment of a separate subscription fee.'' 
XM Petition at 2. This new service would utilize the statutory 
copyright licenses provided in 17 U.S.C. 114(d)(2) (for performance by 
means of subscription digital audio transmission) and 17 U.S.C. 112(e) 
(for ephemeral recordings solely for use in those transmissions). This 
Notice is issued, pursuant to 17 U.S.C. 804(b)(3)(C)(ii), to initiate 
the proceeding to determine the rates and terms for those licenses.

Petitions To Participate

    Any party who wishes to participate in this proceeding must submit 
to the Board a Petition to Participate by no later than January 4, 
2006. 17 U.S.C. 803(b)(1)(B). The single or joint Petition to 
Participate must provide all of the information required by 37 CFR 
351.1(b). See, 70 FR 30906-7 (May 31, 2005). The Petition to 
Participate must be accompanied by a $150 filing fee. Cash will not be 
accepted; therefore, parties must pay the filing fee with a check or 
money order made payable to ``Copyright Royalty Board.'' If payment of 
the filing fee in the form of a check is returned for lack of 
sufficient funds, the corresponding Petition to Participate will be 
dismissed.

    Dated: November 29, 2005.
Bruce G. Forrest,
Interim Chief Copyright Royalty Judge.
[FR Doc. 05-23639 Filed 12-2-05; 8:45 am]
BILLING CODE 1410-72-P