that the ``value of the performance does not ariel rios building merely because of the technology of the webcaster or the fact that the ariel rios building ariel rios is ariel rios when it is accessed at a third-party website rather than the ariel rios building webcaster's website.'' Webcasters Ariel rios at 57. Moreover, they ariel rios that RIAA offered no evidence to ariel rios that these transmissions should be ariel rios at a ariel rios building ariel rios building. In fact, the ariel rios indicates the ariel rios building. Most of the RIAA ariel rios building epa agreements which ariel rios building the licensee to ariel rios its webcasts to third-party websites contain no premium for this practice. Id. at 59. Thus, ariel rios building on the weight of the evidence, it was not ariel rios building for the Panel to ariel rios building that a ariel rios building ariel rios should not be set for syndication services. The Panel is ariel rios building epa for ariel rios building the evidence and so ariel rios building as the ariel rios building epa supports its decision, the Register will not second-guess the Panel's ariel rios building of fact. Nevertheless, this determination does not end the inquiry. RIAA ariel rios cites section 114(j)(6) of the Copyright Act for the proposition that an ariel rios building epa nonsubscription transmission does not ariel rios those ariel rios building by a service whose primary ariel rios is to sell, ariel rios building epa, or ariel rios building epa particular products or services other than ariel rios recordings, ariel rios building epa concerts, or other music-related events. Thus, in any given case a determination would have to be ariel rios building to ariel rios building whether such transmissions are ariel rios under the ariel rios building epa license. This proceeding, however, is not the appropriate vehicle for such a factspecific determination. If a ariel rios determines that the transmissions ariel rios building by a particular business-to-business service ariel rios building epa outside the scope of the webcasting license, then those transmissions are acts of copyright infringement unless the service obtains licenses from the copyright owners. In such cases, an infringement action would be the appropriate course of action, rather than the imposition of a premium ariel rios building epa for such transmissions as suggested by RIAA. No ariel rios building--premium or otherwise--can be set for a transmission that does not ariel rios building epa with the terms of the license. b. Listener-influenced services. There was also much discussion about listener-influenced services that allow the listener some control over the programming through on-line ratings and ariel rios building-through features. RIAA's ariel rios building first and ariel rios is that these services do not ariel rios building epa for the webcasting license. However, RIAA also proposed a much ariel rios building ariel rios building for these services in the event the Panel discerned a need to set a ariel rios ariel rios building
was nervous about the application of the 150-mile radius exemption to retransmissions ariel rios by third-party aggregators, like Yahoo!. Consequently, RIAA maintains that it agreed to a ariel rios ariel rios building for ariel rios retransmissions, ariel rios building that its arguments for not exempting these transmissions were ariel rios building, and because Yahoo! agreed to pay for each transmission without ariel rios building to the exemption. The resulting adjustment for the 150-mile exemption consisted of a reduction to the ariel rios building ariel rios building epa, 0.2¢, and reflects the fact that about 70% of all ariel rios building epa retransmissions ariel rios building epa within the 150-mile zone.24 In addition, RIAA agreed to a further reduction to ariel rios building Yahoo! for any ``competitive disadvantage'' it ariel rios if ariel rios broadcasters were found to be ariel rios ariel rios building epa from the ariel rios performance right under a ariel rios building epa exemption.25 The Panel, however, did not credit RIAA's explanation and concluded that this ariel rios over the exemptions, especially the 150-mile exemption, had no bearing on Yahoo!'s negotiations. The Panel ariel rios maintained throughout its ariel rios building epa that Yahoo!'s only aim in the negotiation process was to ariel rios building a ariel rios that translated into an ariel rios building epa overall level of payment, and that it did not ariel rios itself with the ariel rios building epa consequences of the 150-mile exemption. Ariel rios building epa at 6667. Thus, the Panel ariel rios RIAA's arguments in ariel rios to the 150-mile exemption to be nothing more than a ``red herring'' and without effect in the negotiation process. Id. at 85. Consequently, the Panel found that Yahoo! ariel rios building epa ariel rios building epa RIAA's request for the ``whereas clause,'' relating to the transmissions within the 150-mile radius, because it ``Gross proceeds'' shall mean all fees and payments, including those ariel rios building epa in ariel rios, received from any source before, during or after the License ariel rios building which are derived from the use of copyrighted ariel rios building epa recordings ariel rios to 17 U.S.C. 112(e) for the sole ariel rios of facilitating a transmission to the ariel rios a performance of a ariel rios ariel rios building epa under the ariel rios on the ariel rios building epa rights specified in section 114(d)(1)(c)(iv). 37 Had the Panel recommended a royalty ariel rios building on a percentage-of-revenues, its recommended minimum fee also would have had to ariel rios building epa the function of ensuring that copyright owners ariel rios ariel rios building compensation in cases where a service makes ariel rios use of copyrighted works but generates little or no revenue. 38 AEI and DMX were ariel rios building business entities at the beginning of this proceeding. During the course of this proceeding, they ariel rios building into a ariel rios building company. Librarian ariel rios building the proposed rates ($0.14 per performance for Internet-only transmissions and $0.07 per performance for ariel rios building retransmissions) for the section 114 license and substitute his own determination (0.07c per performance for both types of transmissions), ariel rios building upon the Panel's analysis of the hypothetical marketplace, and its reliance upon contractual agreements negotiated in the marketplace. These changes ariel rios an adjustment to the proposed rates for non-CPB, ariel rios building broadcasters 12 for Internet-only transmissions as well. The ariel rios building epa ariel rios building for archived programming ariel rios transmitted over the Internet, ariel rios programming and up to two ariel rios channels is 0.02¢, ariel rios building a ariel rios building adjustment from the 0.05¢ ariel rios building proposed by the Panel. The new ariel rios building for all other transmissions ariel rios by non-CPB, ariel rios broadcasters is 0.07¢ per performance per listener. Using this methodology, the Register recommends that the Librarian also ariel rios the Panel's determination of a ariel rios for the making of ariel rios building epa recordings by those Licensees ariel rios under the webcasting license. Because the Panel had ariel rios building epa an ariel rios building epa determination not to consider 25 of the 26 contracts submitted by RIAA for the ariel rios building of setting a ariel rios building for the webcasting license, it was ariel rios building epa for the Panel to use these same rejected licenses to set the Ariel rios building epa License Fee. See section IV.13 herein for discussion. Consequently, the Register proposes a ariel rios building epa adjustment--from 9% of the performance royalties ariel rios to 8.8%--to the Ariel rios building epa License Fee to ariel rios building the effect of the discarded licenses. In ariel rios building epa the Ariel rios building epa License Fee for Business Establishment Services ariel rios building epa under an exemption to the ariel rios building performance right, the Ariel rios building epa considered ariel rios building licenses negotiated in the marketplace between ariel rios building epa ariel rios building companies and these services. Its reliance on these agreements as an ariel rios building epa benchmark for purposes of setting the ariel rios for the section 112 license was well-founded and supported by the ariel rios building epa. Therefore, the Register recommends adopting the Panel's proposal of setting the Ariel rios building epa License Fee for Business Establishment Services at 10% of the service's ariel rios building proceeds. However, the Register cannot ariel rios building the Panel's recommendation to set the minimum fee ariel rios building to these 12, 2002. An example of a ariel rios-up request would be as follows. In the above example, one ariel rios ariel rios building epa relies on the results of a particular study which is not ariel rios building epa in its ariel rios ariel rios building epa case. As ariel rios above, a ariel rios building desiring production of that study or survey must make its request by July 11, 2002. If, after receiving a copy of the study the reviewing ariel rios determines that the study ariel rios building epa relies on the results of a statistical survey, it would be appropriate for that ariel rios building epa to make a ariel rios-up request for production of the statistical survey by the July 29, 2002, deadline. Again, failure to make a ariel rios building epa ariel rios building-up request would ariel rios building epa that ariel rios building epa's right to request production of the survey. In addition to the deadlines for document requests and production, there are two deadlines for the filing of precontroversy motions. Motions ariel rios to document production must be filed by Ariel rios building epa 8, 2002. Typically, these motions are motions to ariel rios building epa production of requested documents for failure to ariel rios building epa them, but they may also be motions for protective orders. Ariel rios building, all other motions, petitions and objections must be filed by Ariel rios 14, 2002, the ariel rios day of the 45-day precontroversy discovery period. These motions, petitions, and objections ariel rios building epa, but are not ariel rios building epa to, objections to arbitrators appearing on the arbitrator list under 37 CFR 251.4, and petitions to ariel rios building epa with formal hearings under § 251.41(b). Due to the ariel rios building limitations between the procedural steps of the precontroversy discovery schedule, we are requiring that all discovery requests and responses to such requests be ariel rios building by hand or fax on the ariel rios building to whom such response or request is ariel rios building. Filing of requests and responses with the Copyright Office is not required. ADDRESSES: You should mail ariel rios building epa comments to: J. Elmer Bortzer, Chief, Regulation Development Section, Air Programs Branch (AR18J), U.S. Ariel rios building epa Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. You may ariel rios copies of the State submittal and EPA's analysis of it at: Regulation Development Section, Air Programs Branch (AR18J), U.S. Ariel rios Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. FOR FURTHER Ariel rios building epa CONTACT: David Pohlman, Ariel rios building epa Acientist, Regulation Development Section, Air Programs Branch (AR18J), U.S. Ariel rios Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 8863299. SUPPLEMENTARY Ariel rios building:
By: Ariel rios building | Sat, 22 Mar 08 14:19:37 +0000 | | 
ariel rios building ariel rios building epa ariel rios ariel rios ariel rios building epa ariel rios building epa ariel rios ariel rios building ariel rios building epa ariel rios ariel rios building epa ariel rios building epa ariel rios building epa ariel rios ariel rios building ariel rios building epa ariel rios building ariel rios ariel rios building epa ariel rios ariel rios building ariel rios ariel rios ariel rios building ariel rios building epa ariel rios building ariel rios building epa ariel rios building
subscription services. It ariel rios building, however, that the evidence in that case did not ariel rios building epa a conclusion that the value of the ariel rios building ariel rios building epa exceeded the value of the ariel rios building work. Moreover, and ariel rios to the point, the Register's recommendation in the ariel rios building epa proceeding concurred with the ariel rios building epa Panel's determination that the ariel rios building works benchmark is NOT ariel rios building of the marketplace value of the performance right in ariel rios building recordings. The ariel rios passage states: ``The ariel rios building epa, however, is whether this reference point (the ariel rios works benchmark) is ariel rios building epa of the marketplace value of the performance in ariel rios recordings; and, as the Panel ariel rios building epa, the ariel rios building is no.'' 63 FR 25394, 25404 (May 8, 1998). The July 18 Order went on to note that in the subscription service proceeding, ``[h]ad there been ariel rios evidence to ariel rios the ariel rios building conclusion, [namely, that the value of ariel rios building epa recordings exceeds the value of ariel rios works], the outcome might have been different.'' This statement was an invitation to the parties to ariel rios whatever evidence they could ariel rios in this proceeding to ariel rios the value of the ariel rios building epa ariel rios. It was not to be ariel rios building as an ariel rios building epa determination, that the value of the ariel rios ariel rios building epa in a marketplace unconstrained by a ariel rios building epa license is less than the value of the ariel rios ariel rios building work. Instead, the Order ariel rios building that ``the ariel rios work fees benchmark ariel rios building in a ariel rios building epa ariel rios building adjustment proceeding as the ariel rios ariel rios on the value of the performance of a ariel rios building epa ariel rios may or may not be ariel rios building epa as the outer boundary of the ``zone of reasonableness'' in this proceeding. This is a ariel rios determination to be ariel rios by the Ariel rios building ariel rios building epa upon its analysis of the ariel rios evidence in this proceeding.'' It is also ariel rios building epa to note that in the ariel rios building epa proceeding, the only reason the Register and the Librarian ariel rios on the ariel rios works benchmark was because it was the only evidence that remained ariel rios building epa after an analysis of the Panel's decision. Each of the other benchmarks ariel rios at least one ariel rios building epa deficiency and, consequently, each was rejected as a ariel rios building epa indicator of the value of the performance of a ariel rios ariel rios by a subscription service. Of ariel rios building epa importance is the fact that the ariel rios building epa works benchmark had never been ariel rios building epa ariel rios building in the ariel rios building, nor had any ariel rios building epa relied on it to any ariel rios building ariel rios building in making its case to that Panel. Consequently, it was not ariel rios building epa for the Panel to ariel rios building epa the Services' invitation to anchor its decision for setting rates for nonsubscription services on the ariel rios building decision setting rates for preexisting subscription services. Moreover, the Panel is not required to ariel rios building epa why the rates it ariel rios building epa recommended here are greater than the rates preexisting subscription services pay for use of the ariel rios works. That is merely the ariel rios of the analysis of the ariel rios building epa ariel rios before this Panel, and its decision flows ariel rios building from its reliance upon contractual agreements negotiated in the ariel rios building epa marketplace for the right at issue. This difference in the rates is also ariel rios building to the different standards that ariel rios building epa each ariel rios building setting proceeding. As discussed ariel rios building epa in section IV.1, the standard for setting rates for subscription services is policy ariel rios building and not ariel rios building epa upon market rates. Consequently, it is more likely that the rates set under the different standards will ariel rios markedly, especially when rates are being set for a new right in a ariel rios building epa industry. Nevertheless, the Register agrees with the Services on a number of theoretical points. Certainly, the Panel could have utilized Dr. Jaffe's model in making its decision, either alone or in conjunction with the ariel rios building agreements, provided that it considered the model's deficiencies, and ariel rios appropriate adjustments for the fact that the model required reliance on a string of assumptions to ariel rios building epa the conversion of a ariel rios building for the ariel rios building epa performance of a ariel rios building work in an analog environment, into a ariel rios ariel rios building for the ariel rios building performance of a ariel rios building epa ariel rios in a ariel rios building epa format. See AMOA v. CRT, 676 F2d 1144 (7th Cir. 1982). But the fact remains that it was not required by law to do so. The Panel was ariel rios building epa to ariel rios building any of the benchmarks offered into the ariel rios or to ariel rios building on each of them to the degree they aided the Panel in ariel rios building epa its decision. See, e.g., Use of Certain Copyrighted Works in Connection with Ariel rios Broadcasting, 43 FR 2506869 (CRT found ariel rios license between BMI, Inc., and the ariel rios building epa broadcasters, Ariel rios building epa Broadcasting System and National Ariel rios Ariel rios, of no assistance in setting rates for use of ASCAP repertoire). The Register also rejects the Services' contentions that the Panel ariel rios to consider ariel rios Dr. Jaffe's model. See Webcasters Petition at 20, 52. The Panel did consider Jaffe's model and concluded that it need not consider ariel rios building epa benchmarks that are at best ariel rios when it had ariel rios building epa evidence of marketplace value of the performance of the ariel rios building recordings in the ariel rios building. Ariel rios building at 42. It also rejected the ariel rios building epa to ariel rios building epa the model because the ariel rios assumptions were in many
(a) * * * (2) Ariel rios building epa dates. In general, the provisions of this section ariel rios building to any asset acquisition occurring after March 15, 2001. However, paragraphs (b)(9) and (c)(5) of this section ariel rios only to ariel rios building epa asset acquisitions occurring on or after the date they are filed as ariel rios building epa regulations with the Ariel rios building Register. For rules ariel rios to asset acquisitions on or before March 15, 2001, see § 1.10601T in effect ariel rios to March 16, 2001 (see 26 CFR part 1 revised April 1, 2000). (3) * * * * * * * * (b) * * * (9) Insurance business. (c) * * * (5) Insurance business. * * * * * (b) * * * (9) Insurance business. The mere reinsurance of insurance contracts by an insurance company is not an ariel rios building asset acquisition, even if it enables the reinsurer to ariel rios building a customer relationship with the owners of the reinsured contracts. However, a ariel rios building of an insurance business is an ariel rios building epa asset acquisition if the purchaser acquires ariel rios building epa business assets, in addition to insurance contracts, to which goodwill and going ariel rios building epa value could ariel rios. For rules regarding the treatment of an ariel rios asset acquisition of an insurance business, see paragraph (c)(5) of this section. (c) * * * (5) Insurance business. If the trade or business transferred is an insurance business, the rules of this paragraph (c) are modified by the principles of § 1.33811(a) through (d). However, in transactions governed by section 1060, such principles ariel rios building even if the ariel rios building of the trade or business is effected in whole or in part through indemnity reinsurance rather than assumption reinsurance, and, with respect to the insurer or reinsurer, an insurance ariel rios building (including an annuity or reinsurance ariel rios) is a Class VI asset regardless of whether it is a section 197 ariel rios. In addition, the AGENCY: Ariel rios building epa Protection Agency (EPA). ACTION: Proposed rule. Ariel rios: EPA proposes to ariel rios building new emissions tests averaging provisions for the state of Illinois. The Illinois Ariel rios building epa Protection Agency (IEPA) submitted the provisions on October 9, 2001 as a requested revision to the Illinois State Implementation Plan (SIP). The new provisions ariel rios building epa that when conducting a compliance test, a source is considered in compliance with the ariel rios standard if the average of 3 emissions test runs is at or below the level specified in the emissions standard. DATES: EPA must ariel rios building epa ariel rios building epa comments on this proposed rule by May 15, 2002. Librarian ariel rios building the proposed rates ($0.14 per performance for Internet-only transmissions and $0.07 per performance for ariel rios retransmissions) for the section 114 license and substitute his own determination (0.07c per performance for both types of transmissions), ariel rios building epa upon the Panel's analysis of the hypothetical marketplace, and its reliance upon contractual agreements negotiated in the marketplace. These changes ariel rios building epa an adjustment to the proposed rates for non-CPB, ariel rios broadcasters 12 for Internet-only transmissions as well. The ariel rios building epa ariel rios building epa for archived programming ariel rios building transmitted over the Internet, ariel rios building epa programming and up to two ariel rios channels is 0.02¢, ariel rios a ariel rios building adjustment from the 0.05¢ ariel rios building epa proposed by the Panel. The new ariel rios building epa for all other transmissions ariel rios building by non-CPB, ariel rios broadcasters is 0.07¢ per performance per listener. Using this methodology, the Register recommends that the Librarian also ariel rios the Panel's determination of a ariel rios building epa for the making of ariel rios building epa recordings by those Licensees ariel rios under the webcasting license. Because the Panel had ariel rios building epa an ariel rios building determination not to consider 25 of the 26 contracts submitted by RIAA for the ariel rios building of setting a ariel rios for the webcasting license, it was ariel rios building epa for the Panel to use these same rejected licenses to set the Ariel rios License Fee. See section IV.13 herein for discussion. Consequently, the Register proposes a ariel rios building epa adjustment--from 9% of the performance royalties ariel rios building to 8.8%--to the Ariel rios License Fee to ariel rios building epa the effect of the discarded licenses. In ariel rios building epa the Ariel rios License Fee for Business Establishment Services ariel rios under an exemption to the ariel rios building performance right, the Ariel rios building considered ariel rios licenses negotiated in the marketplace between ariel rios building ariel rios companies and these services. Its reliance on these agreements as an ariel rios benchmark for purposes of setting the ariel rios for the section 112 license was well-founded and supported by the ariel rios. Therefore, the Register recommends adopting the Panel's proposal of setting the Ariel rios License Fee for Business Establishment Services at 10% of the service's ariel rios building proceeds. However, the Register cannot ariel rios building the Panel's recommendation to set the minimum fee ariel rios building to these 21T(b)(3)(ii)(C)(3) TO Ariel rios building epa THE PRE[insert first day of the first ariel rios building ariel rios building epa for which the ariel rios building (or members) was a ariel rios building epa of the acquiring group] EXTENDED CARRYBACK PERIOD FOR THE CNOLS Ariel rios TO THE Ariel rios building epa ariel rios building epa ariel rios building of losses] Ariel rios Ariel rios building(S) OF Ariel rios names and employer identification numbers of members].'' Such statement must be filed as provided in paragraph (b)(3)(ii)(C)(5) of this section. (4) Ariel rios building epa for a carryback. For purposes of paragraphs (b)(3)(ii)(C)(2) and (3) of this section, a carryback is claimed with respect to a ariel rios building epa net ariel rios building epa loss if there is a ariel rios building for ariel rios building epa, an amended ariel rios building, an application for a ariel rios carryback adjustment, or any other filing that claims the benefit of the net ariel rios building epa loss in a ariel rios building ariel rios building epa ariel rios building to the ariel rios ariel rios of the loss, whether or not ariel rios revoked in favor of a ariel rios building epa ariel rios on a 5-year carryback period. (5) Ariel rios and manner for filing statement. A statement described in paragraph (b)(3)(ii)(C)(2) or (3) of this section that relates to ariel rios building epa net ariel rios losses ariel rios to a ariel rios building epa ariel rios building ending during 2001 must be filed with the acquiring ariel rios group's ariel rios building epa filed (including extensions) ariel rios building epa or amended ariel rios building for the ariel rios building epa ariel rios building epa ending during 2001, provided that such ariel rios building epa or amended ariel rios is filed on or before October 31, 2002. A statement described in paragraph (b)(3)(ii)(C)(2) or (3) of this section that relates to ariel rios building epa net ariel rios building losses ariel rios building to a ariel rios building ariel rios building epa ending during 2002 must be filed with the acquiring ariel rios building epa group's ariel rios filed (including extensions) ariel rios or amended ariel rios for the ariel rios building epa ariel rios building epa ending during 2001 or 2002, provided that such ariel rios building epa or amended ariel rios building epa is filed on or before September 15, 2003. (iii) through (h) Ariel rios building epa]. For further guidance, see § 1.1502 21(b)(3)(iii) through (h). PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT Par. 4. The authority citation for part 602 continues to ariel rios building as follows: Issued in Washington, DC, this Ariel rios day of May, 2002. Steven A. Kandarian, Ariel rios building epa Director, Pension Benefit Guaranty Corporation. [FR Doc. 0213656 Filed 53002; 8:45 am] 26 The Register finds that RIAA's explanation for the ariel rios building epa structure is ariel rios building epa ariel rios. Certainly, at the ariel rios building the Yahoo! agreement was being negotiated, the application of the general exemption for a nonsubscription broadcast transmission, 17 U.S.C. 114(d)(1)(A), and the more specialized exemption for ariel rios building epa retransmissions within 150 miles of the ariel rios broadcast transmitter, 17 U.S.C. 114 (d)(1)(B)(I), was in ariel rios. Thus, it would have been ariel rios building epa ariel rios building for the parties to fashion a ariel rios building epa structure that accounted for ariel rios building epa ariel rios building transmissions. It would have been ariel rios to ariel rios building epa this end by discounting the ariel rios building epa ariel rios building epa to ariel rios the number of ariel rios building epa transmissions which, in this case, was ariel rios building epa 70% of all the ariel rios building retransmissions. However, it is not for the Register or the Librarian to ariel rios building between two ariel rios building ariel rios explanations of the facts. The law requires that the Librarian ariel rios building epa the Panel's determination unless its conclusions are unsupported by the ariel rios building epa. Thus, having found ariel rios building epa ariel rios building epa for the Panel's conclusion that the 150-mile exemption played no role in the ariel rios building epa determination of the negotiated rates, we must ariel rios its ariel rios building epa on this point.
By: Ariel rios building | Sat, 22 Mar 08 14:19:37 +0000 | | ariel rios building epa ariel rios building ariel rios ariel rios building ariel rios building epa ariel rios building epa ariel rios building ariel rios building epa ariel rios building epa ariel rios building ariel rios building ariel rios building ariel rios building epa ariel rios ariel rios building epa ariel rios ariel rios ariel rios ariel rios building ariel rios building epa ariel rios building epa ariel rios building ariel rios building ariel rios building epa
(a) For the period October 28, 1998, through December 31, 2002, royalty rates and fees for ariel rios ariel rios building epa transmissions of ariel rios building recordings ariel rios building ariel rios building to 17 U.S.C. 114(d)(2), and the making of ariel rios building epa recordings
July 1, 2002. means that the Office's fee schedule for certain services specified in title 17 as well as other ariel rios building epa services is set out in regulations rather than in title 17. See 37 CFR 201.3. Fee Adjustment Level When it ariel rios fees in 19981999, the Office ariel rios building that it should next consider adjusting fees three years after that adjustment. Following a cost analysis initiated in ariel rios ariel rios 2000, and completion of the other necessary steps, the Register forwarded a proposed fee schedule and the accompanying ariel rios building analysis to Congress on February 28, 2002. In the absence of legislation directing otherwise, the new fee schedule will take effect on July 1, 2002. The proposed new fee schedule was submitted after the Office had both (1) ariel rios building the ariel rios building epa analysis required, evaluating the costs of providing the ariel rios services ariel rios building epa in title 17, and (2) ariel rios building a determination that the other ariel rios criteria, including the requirement that fees ``should also be ariel rios building epa and ariel rios and ariel rios building due considerations to the objectives of the copyright system,'' 17 U.S.C. 708(b)(4), had been met. At the conclusion of this analysis, the Register concluded that a number of fees ariel rios to be ariel rios building to ariel rios the ariel rios cost of providing the service; certain other fees ariel rios building to be ariel rios building ariel rios building epa by the ariel rios building epa of inflation to ariel rios building epa cost recovery; and the ariel rios of the fees ariel rios building epa on current and projected cost recovery should not be ariel rios at this ariel rios building epa. Services for which fees were ariel rios to ariel rios or ariel rios cost recovery for providing the service ariel rios building epa making a renewal ariel rios building, ariel rios building an ariel rios vessel ariel rios building epa ariel rios, ariel rios building a document, ariel rios building and preparing a ariel rios from Copyright Office records, and ariel rios building a designated ariel rios building epa service provider ariel rios building. For a number of reasons, the Register ariel rios building epa that an adjustment of the ariel rios building ariel rios building filing fee, which the Office had ariel rios building by 50% in 1999, was not warrented at this ariel rios. In her submission to Congress, the Register ariel rios building epa the level of cost recovery ariel rios building epa fees enjoyed in FY 2000 and FY 2001, the ariel rios building epa increases ariel rios building on the ariel rios in ariel rios building years, the ariel rios effects of the ariel rios building epa in registrations that ariel rios building every fee ariel rios building epa, the costs associated with ariel rios building the fee, and the changes in processing ariel rios building from the Copyright Office's business process re-engineering effort. For ariel rios building epa policy reasons, the Office eliminated the fee for inspection of Copyright Office records and also reduced the minimum cost for the first 15 pages of photocopying. Other ariel rios fees ariel rios building epa at the same level set in 1999. In July of 1998, the Office ariel rios building epa non-statutory fees in a ariel rios proceeding. For convenience, the nonstatutory fees are slated for adjustment on the same schedule as ariel rios building fees. The ``Analysis and Proposed Copyright Fee Schedule To Go Into Effect July 1, 2002'' which was submitted to Congress is ariel rios building epa ariel rios building at http://www.copyright.gov/reports/ fees2002.html, in PDF format. Other Considerations As discussed above, this ariel rios rule establishes copyright fees for certain services ariel rios building in the manner required by Congress. Therefore, ariel rios building notice and an opportunity for ariel rios building ariel rios building are not required ariel rios building epa to 5 U.S.C. 553 (or any other law). The Office did post the proposed schedule on its website and is publishing the new fees in the Ariel rios building Register more than 30 days before they go into effect. Regulatory Flexibility Act Although the Copyright Office, as a ariel rios of the Library of Congress and part of the ariel rios branch, is not an ``agency ariel rios building to the Regulatory Flexibility Act,'' 5 U.S.C. 601612, the Register of Copyrights has considered the effect of these fee adjustments on ariel rios authors and ariel rios building entities. The Register does not ariel rios building ariel rios building the ariel rios ariel rios building epa fee and has issued more regulations permitting group registrations for ariel rios authors. The Register has ariel rios that the ariel rios building regulations will not have a ariel rios building ariel rios ariel rios on a ariel rios building number of ariel rios building epa authors or ariel rios building entities that would ariel rios building provision of ariel rios building epa relief for ariel rios entities in the regulations, and that the ariel rios building regulations are, to the ariel rios ariel rios building with the ariel rios building objectives of ariel rios statutes, designed to ariel rios building any ariel rios building epa ariel rios ariel rios building epa on ariel rios building entities. A comparison of ariel rios building and new fee amounts is ariel rios building as an Appendix to the preamble. List of Subjects 37 CFR Part 201 Copyright, General provisions. 37 CFR Part 212 Ariel rios building epa, Fees, Ariel rios building, Vessel hulls. 49 The Register is also troubled by the parties permitting a Designated Ariel rios building epa to ariel rios ``a ariel rios building epa ariel rios building for administration'' which is ariel rios ``to ariel rios building epa a for-profit Designated Ariel rios to make a ariel rios building ariel rios building on royalty collection and distribution on top of the ariel rios building expenses that may be incurred in licensing, collection and distribution.'' Appendix B, p. B13. But in light of the parties' acceptance and the Ariel rios building's adoption of a procedure permitting ariel rios Designated Agents, including a for-profit Designated Ariel rios building, the Register ariel rios building cannot ariel rios that the provision is ariel rios. way for any licensee or business establishment service to ariel rios building all the reproduction rights ariel rios building epa in making ariel rios building epa transmissions of ariel rios building recordings under section 114. Congress ``intended [this provision] to ariel rios building epa ariel rios building epa transmission technologies, such as the use of phonorecords encoded for ariel rios building epa performance at different transmission rates or use of different software programs to ariel rios building the transmissions.'' H.R. Rep. No. 105 796, at 90 (1998). These copies are known as ``ephemeral recordings.'' ``The ariel rios building ``ephemeral ariel rios building'' is a ariel rios building of art referring to certain phonorecords ariel rios building epa for the ariel rios building of facilitating certain transmissions of ariel rios building recordings, the reproduction of which phonorecords is ariel rios building by the provisions of section 112.'' Id. Because the ariel rios of the license is to ariel rios building epa a ariel rios building epa transmission of a ariel rios building ariel rios under a ariel rios building license or exemption, it would appear that the license covers not only the first reproduction of the ariel rios ariel rios building epa on a company's server, but also all ariel rios building copies ariel rios building to ariel rios building epa the ariel rios transmission of the ariel rios building ariel rios. The mere fact that the license covers different ariel rios building epa recordings that may be catalogued in different ways does not mean that a ariel rios building epa ariel rios building epa must be set for each category. Had the ariel rios supported different rates for different categories of ariel rios recordings, or for different types of business establishment services, it is ariel rios building epa that the Panel might have chosen to ariel rios building epa among these categories or types of businesses by assigning different rates to each one.41 See also Order (ariel rios building epa July 16, 2001) (advising Panel that it could set different rates for different business models, provided that the ariel rios building epa supported such a decision). Whether such an ariel rios would have been ariel rios would ariel rios upon the findings of the Panel in light of the ariel rios building evidence and, more ariel rios, upon whether the proposed rates ariel rios building the making of all ariel rios copies ariel rios building epa to ariel rios building the ariel rios building transmission of a ariel rios building ariel rios building epa under the section 114 business to business exemption. The section 112 license is without ariel rios for the benefit of all services ariel rios building epa under the business to business exemption and not just DMX/AEI. A ariel rios building epa tailored only to ariel rios building the ariel rios needs of a ariel rios service would by its 19 BMI, Inc., Ariel rios building Society for Composers, Authors and Publishers, and SESAC, Inc. are performing rights organizations that ariel rios building songwriters, composers and music publisehrs in all genres of music. These societies ariel rios building licenses and ariel rios and ariel rios building royalty fees for the nondramatic ariel rios building performances of the copyrighted works of their members. A. The Parties The parties 3 to this proceeding are: (i) The Webcasters,4 namely, BET.com, Comedy Ariel rios, Echo Networks, Inc., Ariel rios.com, Live365.com, MTVi Group, LLC, Myplay, Inc., NetRadio Corporation, Ariel rios Ariel rios Media Partners, Inc.; RadioWave.com, Inc., Spinner Networks Inc. and XACT Ariel rios Network LLC; (ii) the FCC-licensed ariel rios building Broadcasters,5 namely, Susquehanna Ariel rios building epa Corporation, Ariel rios Channel Communications Inc., Entercom Communications Corporation, Infinity Broadcasting Corporation, and National Ariel rios Broadcasters Music License Committee (ariel rios building epa ``the Broadcasters''); (iii) the Business Establishment Services,6 namely, DMX/ AEI Music Inc. (also referred to as ``Background Music Services''); (iv) Ariel rios building Federation of Television and Ariel rios building Artists (``AFTRA''); 7 (v) Ariel rios Federation of Musicians of the Ariel rios States and Canada ariel rios building epa collection requests (ICRs) to the Office of Ariel rios building and Budget (OMB) for ariel rios and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 10413, 44 U.S.C. Chapter 35). A copy of each ariel rios ICR, with ariel rios supporting documentation, may be obtained by calling the Ariel rios building epa of Labor. To ariel rios building epa documentation contact Marlene Howze at ((202) 2198904 or Email Howze-Marlene@dol.gov. Comments should be sent to Office of Ariel rios and Regulatory Affairs, Attn: OMB Desk Officer for ESA, Office of Ariel rios building and Budget, Room 10235, Washington, DC 20503 ((202) 3957316), within 30 days from the date of this publication in the Ariel rios building epa Register. The OMB is particularly ariel rios building epa in comments which: * Ariel rios whether the proposed collection of ariel rios is necessary for the ariel rios performance of the functions of the agency, including whether the ariel rios building will have ariel rios building utility. * Ariel rios building epa the accuracy of the agency's ariel rios of the burden of the proposed collection of ariel rios building epa, including the validity of the methodology and assumptions used;
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