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Federal Register / Vol. 66, No.

29 / Monday, February 12, 2001 / Notices 9881

LIBRARY OF CONGRESS purpose. See 63 FR 25394 (May 8, for the new subscription services. If the
1998). parties reach such an agreement and
Copyright Office Section 114 was later amended with submit the proposal to the Librarian for
the passage of the Digital Millennium approval, it will be published for public
[Docket No. 2001–2 CARP DTNSRA] Copyright Act of 1998 (‘‘DCA’’), Public comment. Provided that no party with a
Law 105–304, to cover additional digital significant interest and an intent to
New Subscription Services and the audio transmissions. These include participate in an arbitration proceeding
Digital Performance Right in Sound ‘‘eligible nonsubscription files a comment opposing the negotiated
Recordings transmissions’’ and those transmissions rates and terms, the Librarian may adopt
AGENCY: Copyright Office, Library of
made by ‘‘new subscription services’’ the proposed rates and terms without
Congress. and ‘‘preexisting satellite digital audio convening a CARP. See 37 CFR
radio services.’’ Currently, the Library of 251.63(b).
ACTION: Initiation of voluntary Congress is conducting two separate rate
negotiation period. adjustment proceedings which will set Petitions
rates and terms for transmissions made In the absence of a license agreement
SUMMARY: The Copyright Office is
by ‘‘eligible nonsubscription services,’’ negotiated under 17 U.S.C. 114(f)(2)(A),
announcing the initiation of the six-
see 63 FR 65555 (November 27, 1998); those copyright owners of sound
month voluntary negotiation period for
65 FR 2194 (January 13, 2000); and recordings and entities availing
determining reasonable rates and terms themselves of the statutory licenses are
Order in Docket Nos. 99–6 CARP DTRA
for the public performance of sound subject to arbitration upon the filing of
and 2000–3 CARP DTRA2 (December 4,
recordings by new subscription services. a petition by a party with a significant
2000), and those transmissions made by
The Office is also requesting that parties interest in establishing reasonable terms
‘‘pre-existing satellite digital audio radio
participating in the negotiation process and rates for the statutory licenses.
services.’’ 66 FR 1700 (January 9, 2001).
to so notify the Office. Petitions must be filed in accordance
The latter proceeding will also establish
EFFECTIVE DATE: The voluntary rates and terms for transmissions made with 17 U.S.C. 114(f)(2)(C)(ii)(I), and
negotiation period begins on February during the period January 1, 2001, to 803(a)(1) and may be filed anytime
12, 2001. Notification of participation in December 31, 2002, by ‘‘preexisting during the 60-day period beginning on
the negotiation period is due by March subscription services’’ (the three August 13, 2001. See also 37 CFR
1, 2001. subscription services in existence prior 251.61. Parties should submit petitions
ADDRESSES: Copies of voluntary license to the passage of the DMCA). Neither to the Copyright Office at the address
agreements and petitions, if sent by proceeding will consider rates and listed in this notice. The petitioner must
mail, should be addressed to: Copyright terms for transmissions made by ‘‘new deliver an original and five copies to the
Arbitration Royalty Panel (CARP), PO subscription services.’’ Office.
Box 70977, Southwest Station, For purposes of the section 114
Request for Notification
Washington, DC 20024. If hand license, ‘‘a ‘new subscription service’ is
delivered, they should be brought to: a service that performs sound recordings In order to facilitate productive
Office of the General Counsel, James by means of noninteractive subscription settlement discussions during the
Madison Memorial Building, Room LM– digital audio transmissions and that is negotiation period and to facilitate
403, First and Independence Avenue, not a preexisting subscription service or complete settlement, it is useful to
SE., Washington, DC 20559–6000. a preexisting satellite digital audio radio create a list of parties that wish to
service.’’ 17 U.S.C. 114(j)(8). To initiate participate in the negotiation phase of
a proceeding to establish rates and terms the proceeding. The list should be in a
David O. Carson, General Counsel, or
for those transmissions made by these centralized location and available to the
Tanya M. Sandros, Senior Attorney,
services, either a copyright owner of public so that interested parties may
Copyright Arbitration Royalty Panel, PO
sound recordings or a new subscription identify each other and enter into the
Box 70977, Southwest Station,
service must file a petition with the settlement discussions. Therefore, the
Washington, DC 20024. Telephone:
Library of Congress, requesting that the Library is requesting that those parties
(202) 707–8380. Telefax: (202) 252–
Copyright Office initiate the voluntary wishing to participate in the six-month
negotiation period for the purpose of negotiation period file notification with
SUPPLEMENTARY INFORMATION: In 1995, setting these rates and terms. On the Copyright Office by March 1, 2001.
Congress passed the Digital Performance January 24, 2001, Music Choice filed The list is solely for informational
Right in Sound Recording Act which such a petition with the Copyright purposes and notification is on a
gave copyright owners of sound Office pursuant to section voluntary basis. In other words, parties
recordings an exclusive right to perform 114(f)(2)(C)(i)(I). that wish to participate in the
publicly their copyrighted works by Section 114(f)(2)(C)(i)(I) requires the negotiation period are not required to
means of a digital audio transmission, Library to publish a notice initiating the file notification with the Office, though
subject to certain limitations and 6-month voluntary negotiation period we strongly encourage each party to
exemptions. 17 U.S.C. 106(6). Among no later than 30 days after the date the make the filing, and will accept such
the limitations placed on the petition is filed. Today’s notice fulfills filings at any time up until the end of
performance of a sound recording was this requirement. the six-month period. Furthermore, the
the creation of a statutory license for notification to participate in the
performances made by nonexempt, non- Negotiation Period and Voluntary settlement discussion is not a Notice of
interactive digital subscription services. Agreements Intent to Participate in a CARP
17 U.S.C. 114. Initial rates and terms for Pursuant to section 114(f)(2)(C)(i)(I), proceeding, because as provided in 17
transmissions made by these services the Librarian of Congress is announcing U.S.C. 114(f)(2)(B), the Library cannot
have been set by order of the Librarian, a six-month negotiation period to give begin a CARP proceeding until
following a Copyright Arbitration interested parties an opportunity to petitioned to do so after the end of the
Royalty Panel (‘‘CARP’’) proceeding negotiate a voluntary agreement that negotiation period. If the Library
which had been convened for this will establish statutory rates and terms receives such a petition, it will call for

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

Notices of Intent to Participate at a later Dated: February 6, 2001. NATIONAL AERONAUTICS AND
Dated: February 7, 2001. Advisory Committee Management Officer,
National Aeronautics and Space [Notice 01–23]
David O. Carson, Administration.
General Counsel. [FR Doc. 01–3477 Filed 2–9–01; 8:45 am] NASA Advisory Council (NAC), Space
[FR Doc. 01–3516 Filed 2–9–01; 8:45 am] BILLING CODE 7510–01–U Science Advisory Committee (SScAC);
BILLING CODE 1410–33–P Meeting
[Notice 01–022] ACTION: Notice of meeting.
NASA Advisory Council (NAC), Aero- SUMMARY: In accordance with the
[Notice 01–021] Space Technology Advisory Federal Advisory Committee Act, Pub.
Committee (ASTAC); Aviation L. 92–463, as amended, the National
NASA Advisory Council, Aero-Space Operations Systems Subcommittee;
Technology Advisory Committee Aeronautics and Space Administration
Meeting announces a forthcoming meeting of the
(ASTAC); Rotorcraft Subcommittee
Meeting AGENCY: National Aeronautics and NASA Advisory Council, Space Science
Space Administration. Advisory Committee.
AGENCY: National Aeronautics and ACTION: Notice of meeting. DATES: Tuesday, March 20, 2001, 8:30
Space Administration. a.m. to 5:30 p.m.; Wednesday, March
SUMMARY: In accordance with the
ACTION: Notice of meeting. Federal Advisory Committee Act, Pub. 21, 2001, 8:30 a.m. to 5:30 p.m.; and
L. 92–463, as amended, the National Thursday, March 22, 2001, 8:30 a.m. to
Aeronautics and Space Administration Noon.
SUMMARY: In accordance with the
Federal Advisory Committee Act, Pub. announces a forthcoming meeting of the ADDRESSES: NASA Headquarters, 300 E
L. 92–463, as amended, the National NASA Advisory Council, Aero-Space Street, SW., Conference Room 5H46,
Aeronautics and Space Administration Technology Advisory Committee, Washington, DC 20546.
announces a NASA Advisory Council, Aviation Operations Systems
Aero-Space Technology Advisory Subcommittee meeting.
Marian Norris, Code SB, National
Committee, Rotorcraft Subcommittee DATES: Wednesday, March 28, 2001, 1 Aeronautics and Space Administration,
meeting. p.m. to 5 p.m. and Thursday, March 29, Washington, DC 20546, 202/358–4452.
2001, 8:30 a.m. to 4:30 p.m.
DATES: Thursday, April 26, 2001, 8 a.m. SUPPLEMENTARY INFORMATION: The
ADDRESSES: National Aeronautics and
to 5 p.m. and Friday, April 27, 2001, 8 meeting will be open to the public up
Space Administration, Ames Research
a.m. to 12 Noon. to the capacity of the room. The agenda
Center, Building 262, Room 100, Moffett
ADDRESSES: National Aeronautics and Field, CA 94035–1000. for the meeting includes the following:
Space Administration, John H. Glenn FOR FURTHER INFORMATION CONTACT: —Associate Administrator’s Program
Research Center at Lewis Field, Robert A. Jacobsen, National Status Report
Administration Building, Room 215, Aeronautics and Space Administration, —Science Theme Status Reports
21000 Brookpark Road, Cleveland, OH Ames Research Center, Moffett Field,
44135. —Subcommittee Reports
CA 94035, 650/604–3743.
meeting will be open to the public up —NGST Reformulation
Mattie P. Thomas, National Aeronautics
to the seating capacity of the room. The —Technology Program Status
and Space Administration, John H.
agenda for the meeting is as follows: —Research Program Review Status
Glenn Research Center at Lewis Field,
21000 Brookpark Road, Cleveland, OH —Aviation Operations Systems Program
Review —Sounding Rocket and Balloons
44135, 216/433–3702. Program
—Aircraft Icing Research Project Review
SUPPLEMENTARY INFORMATION: The —Human Automation Integration —Activities and Schedule for 2003
meeting will be open to the public up Research Project Review Strategic Plan
to the seating capacity of the room. —Human Error and Countermeasures —Mars Scout
Agenda topics for the meeting are as Research Project Review
follows: —Psychological/Physiological Stressors It is imperative that the meeting be
and Factors Research Project Review held on these dates to accommodate the
—Status, Technical Accomplishments, It is imperative that the meeting be scheduling priorities of the key
and Plans for the NASA Rotorcraft held on these dates to accommodate the participants.
Research and Technology Base scheduling priorities of the key Visitors will be requested to sign a
Program participants. visitor’s register.
—Review of Rotorcraft-Related Research Dated: February 6, 2001. Dated: February 7, 2001.
Activities at Glenn Research Center Beth M. McCormick, Beth M. McCormick,
It is imperative that the meeting be Advisory Committee Management Officer, Advisory Committee Management Officer,
held on these dates to accommodate the National Aeronautics and Space National Aeronautics and Space
scheduling priorities of the key Administration. Administration.
participants. Visitors will be requested [FR Doc. 01–3478 Filed 2–9–01; 8:45 am] [FR Doc. 01–3479 Filed 2–9–01; 8:45 am]
to sign a visitors register. BILLING CODE 7510–01–U BILLING CODE 7510–01–U

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