Rule2023-26122
Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 29, 2023
Effective
November 29, 2023
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 3.2% 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 2022 to October 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 228 (Wednesday, November 29, 2023)</title>
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[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Rules and Regulations]
[Page 83354]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26122]
[[Page 83354]]
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 386
[Docket No 23-CRB-0010-SA-COLA (2024)]
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.
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SUMMARY: The Copyright Royalty Judges announce a cost of living
adjustment (COLA) of 3.2% 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 2022 to October
2023.
DATES:
Effective date: November 29, 2023.
Applicability dates: These rates are applicable to the period
January 1, 2024, through December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707-7658,
<a href="/cdn-cgi/l/email-protection#1477667654787b773a737b62"><span class="__cf_email__" data-cfemail="73100111331f1c105d141c05">[email protected]</span></a>.
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\
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\1\ The 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.
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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).
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\2\ Program Suppliers and Joint Sports Claimants comprised the
Copyright Owners while DIRECTV, Inc., DISH Network, LLC, and
National Programming Service, LLC, comprised the Satellite Carriers.
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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,
2022, to the most recent index published before December 1, 2023, is
3.2%.\3\ Application of the 3.2% COLA to the current rate for the
secondary transmission of broadcast stations by satellite carriers for
private home viewing--34 cents per subscriber per month--results in a
rate of 35 cents per subscriber per month (rounded to the nearest
cent). See 37 CFR 386.2(b)(1). Application of the 3.2% COLA to the
current rate for viewing in commercial establishments--70 cents per
subscriber per month--results in a rate of 72 cents per subscriber per
month (rounded to the nearest cent). See 37 CFR 386.2(b)(2).
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\3\ On November 14, 2023, the Bureau of Labor Statistics
announced that the CPI-U increased 3.2% over the last 12 months.
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List of Subjects in 37 CFR Part 386
Copyright, Satellite, Television.
Final Regulations
In consideration of the foregoing, the 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
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1. The authority citation for part 386 continues to read as follows:
Authority: 17 U.S.C. 119(c), 801(b)(1).
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2. Section 386.2 is amended by adding paragraphs (b)(1)(xiv) and
(b)(2)(xiv) to read as follows:
Sec. 386.2 Royalty fee for secondary transmission by satellite
carriers.
* * * * *
(b) * * *
(1) * * *
(xiv) 2024: 35 cents per subscriber per month.
(2) * * *
(xiv) 2024: 72 cents per subscriber per month.
Dated: November 21, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-26122 Filed 11-28-23; 8:45 am]
BILLING CODE 1410-72-P
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