[Federal Register: February 2, 1998 (Volume 63, Number 21)]


[Page 5405-5406]



Copyright Office

[Docket No. 96-6 CARP NCBRA]


Adjustment of the Rates for Noncommercial Educational 

Broadcasting Compulsory License

AGENCY: Copyright Office, Library of Congress.

ACTION: Initiation of arbitration.


SUMMARY: The Librarian of Congress is announcing initiation of the 180-

day arbitration period for the adjustment of the rates for the 

noncommercial educational broadcasting license.

EFFECTIVE DATE: January 30, 1998.

ADDRESSES: All hearings and meetings for the section 118 compulsory 

license proceeding shall take place in the James Madison Memorial 

Building, Room 414, First and Independence Avenue, S.E., Washington, 

D.C. 20540.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 

William Roberts, Senior Attorney, P.O. Box 70977, Southwest Station, 

Washington, D.C. 20024. Telephone (202) 707-8380. Telefax (202) 707-




    On October 18, 1996, the Library published a Notice in the Federal 

Register initiating a voluntary negotiation period for adjustment of 

the royalty rates for the noncommercial educational broadcasting 

compulsory license, 17 U.S.C. 118, 61 FR 54458 (October 18, 1996). 

Section 118 creates a compulsory license for the use of certain 

copyrighted works in connection with noncommercial broadcasting. The 

Library set a date of April 7, 1997, for initiation of arbitration. 61 

FR at 54461 (1996). The parties who filed Notices of Intent to 

Participate in this proceeding,

[[Page 5406]]

however, requested additional time to negotiate voluntary agreements.

    The Library has received several negotiated agreements and joint 

proposals for rates and terms, and has adopted certain proposed rates 

and terms. See 62 FR 63502 (Dec. 1, 1997). A controversy remains, 

however, regarding the rates to be paid by the Public Broadcasting 

Service and National Public Radio for the use of musical works licensed 

by the American Society of Composers, Authors and Publishers, and 

Broadcast Music, Inc. Consequently, it is necessary to commence a 

Copyright Arbitration Royalty Panel (CARP) proceeding to resolve this 

controversy. This notice fulfills the requirements of 37 CFR 251.64 and 

sections 118 and 803(c) of title 17, United States Code.

Selection of Arbitrators

    In accordance with Sec. 251.6 of the CARP rules, the arbitrators 

have been selected for this proceeding. They are:

The Honorable Lewis Hall Griffith (Chairperson)

The Honorable Jeffrey Gulin

The Honorable Edward Dreyfus

Initiation of Proceeding

    Pursuant to Sec. 251.64 of the CARP rules, the Librarian is 

formally announcing the existence of a controversy as to the 

establishment of rates and terms for the adjustment of rates for the 

section 118 compulsory license, and is initiating an arbitration 

proceeding under chapter 8 of title 17 to resolve the determination. 

The arbitration proceeding commences on January 30, 1997, and runs for 

a period of 180 days. The arbitrators shall file their written report 

with the Librarian by July 28, 1998, the end of the 180-day period, in 

accordance with Sec. 251.53 of the rules.

    A meeting between the participants in the rate adjustment 

proceeding and the arbitrators shall take place on Tuesday, February 3, 

1998, at 1:30 p.m. at the Library of Congress, James Madison Building, 

LM 414, First and Independence Avenue, S.E., Washington, D.C., to 

discuss the hearing schedule, arbitrator billing and payment, and any 

other procedural matters. The meeting is open to the public. Copies of 

the hearing schedule, once finalized, will be available at the 

Copyright Office upon request.

    Dated: January 28, 1998.

David Carson,

General Counsel.

[FR Doc. 98-2476 Filed 1-30-98; 8:45 am]