Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Notices 9881

LIBRARY OF CONGRESS

Copyright Office

[Docket No. 2001–2 CARP DTNSRA]

New Subscription Services and the

Digital Performance Right in Sound

Recordings

AGENCY: Copyright Office, Library of

Congress.

ACTION: Initiation of voluntary

negotiation period.

SUMMARY: The Copyright Office is

announcing the initiation of the sixmonth voluntary negotiation period for

determining reasonable rates and terms

for the public performance of sound

recordings by new subscription services.

The Office is also requesting that parties

participating in the negotiation process

to so notify the Office.

EFFECTIVE DATE: The voluntary

negotiation period begins on February

12, 2001. Notification of participation in

the negotiation period is due by March

1, 2001.

ADDRESSES: Copies of voluntary license

agreements and petitions, if sent by

mail, should be addressed to: Copyright

Arbitration Royalty Panel (CARP), PO

Box 70977, Southwest Station,

Washington, DC 20024. If hand

delivered, they should be brought to:

Office of the General Counsel, James

Madison Memorial Building, Room LM–

403, First and Independence Avenue,

SE., Washington, DC 20559–6000.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel, or

Tanya M. Sandros, Senior Attorney,

Copyright Arbitration Royalty Panel, PO

Box 70977, Southwest Station,

Washington, DC 20024. Telephone:

(202) 707–8380. Telefax: (202) 252–

3423.

SUPPLEMENTARY INFORMATION: In 1995,

Congress passed the Digital Performance

Right in Sound Recording Act which

gave copyright owners of sound

recordings an exclusive right to perform

publicly their copyrighted works by

means of a digital audio transmission,

subject to certain limitations and

exemptions. 17 U.S.C. 106(6). Among

the limitations placed on the

performance of a sound recording was

the creation of a statutory license for

performances made by nonexempt, noninteractive digital subscription services.

17 U.S.C. 114. Initial rates and terms for

transmissions made by these services

have been set by order of the Librarian,

following a Copyright Arbitration

Royalty Panel (‘‘CARP’’) proceeding

which had been convened for this

purpose. See 63 FR 25394 (May 8,

1998).

Section 114 was later amended with

the passage of the Digital Millennium

Copyright Act of 1998 (‘‘DCA’’), Public

Law 105–304, to cover additional digital

audio transmissions. These include

‘‘eligible nonsubscription

transmissions’’ and those transmissions

made by ‘‘new subscription services’’

and ‘‘preexisting satellite digital audio

radio services.’’ Currently, the Library of

Congress is conducting two separate rate

adjustment proceedings which will set

rates and terms for transmissions made

by ‘‘eligible nonsubscription services,’’

see 63 FR 65555 (November 27, 1998);

65 FR 2194 (January 13, 2000); and

Order in Docket Nos. 99–6 CARP DTRA

and 2000–3 CARP DTRA2 (December 4,

2000), and those transmissions made by

‘‘pre-existing satellite digital audio radio

services.’’ 66 FR 1700 (January 9, 2001).

The latter proceeding will also establish

rates and terms for transmissions made

during the period January 1, 2001, to

December 31, 2002, by ‘‘preexisting

subscription services’’ (the three

subscription services in existence prior

to the passage of the DMCA). Neither

proceeding will consider rates and

terms for transmissions made by ‘‘new

subscription services.’’

For purposes of the section 114

license, ‘‘a ‘new subscription service’ is

a service that performs sound recordings

by means of noninteractive subscription

digital audio transmissions and that is

not a preexisting subscription service or

a preexisting satellite digital audio radio

service.’’ 17 U.S.C. 114(j)(8). To initiate

a proceeding to establish rates and terms

for those transmissions made by these

services, either a copyright owner of

sound recordings or a new subscription

service must file a petition with the

Library of Congress, requesting that the

Copyright Office initiate the voluntary

negotiation period for the purpose of

setting these rates and terms. On

January 24, 2001, Music Choice filed

such a petition with the Copyright

Office pursuant to section

114(f)(2)(C)(i)(I).

Section 114(f)(2)(C)(i)(I) requires the

Library to publish a notice initiating the

6-month voluntary negotiation period

no later than 30 days after the date the

petition is filed. Today’s notice fulfills

this requirement.

Negotiation Period and Voluntary

Agreements

Pursuant to section 114(f)(2)(C)(i)(I),

the Librarian of Congress is announcing

a six-month negotiation period to give

interested parties an opportunity to

negotiate a voluntary agreement that

will establish statutory rates and terms

for the new subscription services. If the

parties reach such an agreement and

submit the proposal to the Librarian for

approval, it will be published for public

comment. Provided that no party with a

significant interest and an intent to

participate in an arbitration proceeding

files a comment opposing the negotiated

rates and terms, the Librarian may adopt

the proposed rates and terms without

convening a CARP. See 37 CFR

251.63(b).

Petitions

In the absence of a license agreement

negotiated under 17 U.S.C. 114(f)(2)(A),

those copyright owners of sound

recordings and entities availing

themselves of the statutory licenses are

subject to arbitration upon the filing of

a petition by a party with a significant

interest in establishing reasonable terms

and rates for the statutory licenses.

Petitions must be filed in accordance

with 17 U.S.C. 114(f)(2)(C)(ii)(I), and

803(a)(1) and may be filed anytime

during the 60-day period beginning on

August 13, 2001. See also 37 CFR

251.61. Parties should submit petitions

to the Copyright Office at the address

listed in this notice. The petitioner must

deliver an original and five copies to the

Office.

Request for Notification

In order to facilitate productive

settlement discussions during the

negotiation period and to facilitate

complete settlement, it is useful to

create a list of parties that wish to

participate in the negotiation phase of

the proceeding. The list should be in a

centralized location and available to the

public so that interested parties may

identify each other and enter into the

settlement discussions. Therefore, the

Library is requesting that those parties

wishing to participate in the six-month

negotiation period file notification with

the Copyright Office by March 1, 2001.

The list is solely for informational

purposes and notification is on a

voluntary basis. In other words, parties

that wish to participate in the

negotiation period are not required to

file notification with the Office, though

we strongly encourage each party to

make the filing, and will accept such

filings at any time up until the end of

the six-month period. Furthermore, the

notification to participate in the

settlement discussion is not a Notice of

Intent to Participate in a CARP

proceeding, because as provided in 17

U.S.C. 114(f)(2)(B), the Library cannot

begin a CARP proceeding until

petitioned to do so after the end of the

negotiation period. If the Library

receives such a petition, it will call for

9882 Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Notices

Notices of Intent to Participate at a later

date.

Dated: February 7, 2001.

David O. Carson,

General Counsel.

[FR Doc. 01–3516 Filed 2–9–01; 8:45 am]

BILLING CODE 1410–33–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[Notice 01–021]

NASA Advisory Council, Aero-Space

Technology Advisory Committee

(ASTAC); Rotorcraft Subcommittee

Meeting

AGENCY: National Aeronautics and

Space Administration.

ACTION: Notice of meeting.

SUMMARY: In accordance with the

Federal Advisory Committee Act, Pub.

L. 92–463, as amended, the National

Aeronautics and Space Administration

announces a NASA Advisory Council,

Aero-Space Technology Advisory

Committee, Rotorcraft Subcommittee

meeting.

DATES: Thursday, April 26, 2001, 8 a.m.

to 5 p.m. and Friday, April 27, 2001, 8

a.m. to 12 Noon.

ADDRESSES: National Aeronautics and

Space Administration, John H. Glenn

Research Center at Lewis Field,

Administration Building, Room 215,

21000 Brookpark Road, Cleveland, OH

44135.

FOR FURTHER INFORMATION CONTACT: Ms.

Mattie P. Thomas, National Aeronautics

and Space Administration, John H.

Glenn Research Center at Lewis Field,

21000 Brookpark Road, Cleveland, OH

44135, 216/433–3702.

SUPPLEMENTARY INFORMATION: The

meeting will be open to the public up

to the seating capacity of the room.

Agenda topics for the meeting are as

follows:

—Status, Technical Accomplishments,

and Plans for the NASA Rotorcraft

Research and Technology Base

Program

—Review of Rotorcraft-Related Research

Activities at Glenn Research Center

It is imperative that the meeting be

held on these dates to accommodate the

scheduling priorities of the key

participants. Visitors will be requested

to sign a visitors register.

Dated: February 6, 2001.

Beth M. McCormick,

Advisory Committee Management Officer,

National Aeronautics and Space

Administration.

[FR Doc. 01–3477 Filed 2–9–01; 8:45 am]

BILLING CODE 7510–01–U

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[Notice 01–022]

NASA Advisory Council (NAC), AeroSpace Technology Advisory

Committee (ASTAC); Aviation

Operations Systems Subcommittee;

Meeting

AGENCY: National Aeronautics and

Space Administration.

ACTION: Notice of meeting.

SUMMARY: In accordance with the

Federal Advisory Committee Act, Pub.

L. 92–463, as amended, the National

Aeronautics and Space Administration

announces a forthcoming meeting of the

NASA Advisory Council, Aero-Space

Technology Advisory Committee,

Aviation Operations Systems

Subcommittee meeting.

DATES: Wednesday, March 28, 2001, 1

p.m. to 5 p.m. and Thursday, March 29,

2001, 8:30 a.m. to 4:30 p.m.

ADDRESSES: National Aeronautics and

Space Administration, Ames Research

Center, Building 262, Room 100, Moffett

Field, CA 94035–1000.

FOR FURTHER INFORMATION CONTACT:

Robert A. Jacobsen, National

Aeronautics and Space Administration,

Ames Research Center, Moffett Field,

CA 94035, 650/604–3743.

SUPPLEMENTARY INFORMATION: The

meeting will be open to the public up

to the seating capacity of the room. The

agenda for the meeting is as follows:

—Aviation Operations Systems Program

Review

—Aircraft Icing Research Project Review

—Human Automation Integration

Research Project Review

—Human Error and Countermeasures

Research Project Review

—Psychological/Physiological Stressors

and Factors Research Project Review

It is imperative that the meeting be

held on these dates to accommodate the

scheduling priorities of the key

participants.

Dated: February 6, 2001.

Beth M. McCormick,

Advisory Committee Management Officer,

National Aeronautics and Space

Administration.

[FR Doc. 01–3478 Filed 2–9–01; 8:45 am]

BILLING CODE 7510–01–U

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[Notice 01–23]

NASA Advisory Council (NAC), Space

Science Advisory Committee (SScAC);

Meeting

AGENCY: National Aeronautics and

Space Administration

ACTION: Notice of meeting.

SUMMARY: In accordance with the

Federal Advisory Committee Act, Pub.

L. 92–463, as amended, the National

Aeronautics and Space Administration

announces a forthcoming meeting of the

NASA Advisory Council, Space Science

Advisory Committee.

DATES: Tuesday, March 20, 2001, 8:30

a.m. to 5:30 p.m.; Wednesday, March

21, 2001, 8:30 a.m. to 5:30 p.m.; and

Thursday, March 22, 2001, 8:30 a.m. to

Noon.

ADDRESSES: NASA Headquarters, 300 E

Street, SW., Conference Room 5H46,

Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT: Ms.

Marian Norris, Code SB, National

Aeronautics and Space Administration,

Washington, DC 20546, 202/358–4452.

SUPPLEMENTARY INFORMATION: The

meeting will be open to the public up

to the capacity of the room. The agenda

for the meeting includes the following:

—Associate Administrator’s Program

Status Report

—Science Theme Status Reports

—Subcommittee Reports

—Outer Planets

—NGST Reformulation

—Technology Program Status

—Research Program Review Status

—Sounding Rocket and Balloons

Program

—Activities and Schedule for 2003

Strategic Plan

—Mars Scout

It is imperative that the meeting be

held on these dates to accommodate the

scheduling priorities of the key

participants.

Visitors will be requested to sign a

visitor’s register.

Dated: February 7, 2001.

Beth M. McCormick,

Advisory Committee Management Officer,

National Aeronautics and Space

Administration.

[FR Doc. 01–3479 Filed 2–9–01; 8:45 am]

BILLING CODE 7510–01–U