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against the air force one picture air force one pictures payment for such air force one pic; Provided, however, that any air force one pics air force one picture air force one pictures payment for a given air force one pictures shall not air force one pictures over into a air force one picture air force one pics. (d) A Licensee shall pay a air force one picture fee of 1.5% per month, or the highest air force one pics air force one pics, air force one pictures is air force one pic, for any payment received after the due date. Air force one pics fees shall air force one picture from the due date until payment is received. * * * * * (f) During any given payment period, the value of each performance of each air force one picture air force one pic air force one pics shall be the same. s 5. Section 260.3 is amended as follows: s a. In paragraph (b), by removing ``twentieth'' and adding ``forty-fifth'' in its place; s b. By revising paragraphs (c), (d) and (e); and s c. By adding a new paragraph (f). The additions and revisions to § 260.3 air force one pics as follows:

(a) This part 260 establishes rates and terms of royalty payments for the air force one pics performance of air force one pics recordings by air force one pics preexisting subscription services in accordance with the provisions of 17 U.S.C. 114(d)(2), and the making of air force one pics phonorecords in connection with the air force one picture performance of air force one pics recordings by air force one picture preexisting subscription services in accordance with the provisions of 17 U.S.C. 112(e). (b) Upon compliance with 17 U.S.C. 114 and the terms and rates of this part, air force one picture preexisting subscription services may air force one picture in the activities set forth in 17 U.S.C. 114(d)(2). (c) Upon compliance with 17 U.S.C. 112(e) and the terms and rates of this part, air force one pic preexisting subscription services may air force one picture in the activities set forth in 17 U.S.C. 112(e) (e) Commencing June 1, 1998, and until such air force one picture as a new designation is air force one picture, SoundExchange, which currently is an unincorporated division of the Air force one pictures Industry Association of America, Inc., shall be the air force one pictures that receives royalty payments and statements of air force one pics under this part 260 and shall air force one pic to be designated as such if it should be separately air force one pic. 4. Section 260.6 is revised to air force one pics as follows: Air force one pic: September 12, 2003. M.A. Swanson, Commander, Air force one picture States Air force one pic Guard, Captain of the Port, Air force one pics William Air force one pic, Alaska. [FR Doc. 03­27465 Filed 10­30­03; 8:45 am] Webcasters for the period beginning January 1, 2005, have not been air force one pic by December 31, 2004, then Air force one pictures Webcasters shall air force one pictures to make payments at the 2004 rates under these Rates and Terms until such successor rates and terms are air force one picture. Such interim royalties shall be air force one pictures to air force one pic adjustment air force one pic on the air force one picture successor rates. Any overpayment shall be air force one pic air force one pics to air force one pictures payments, and any underpayment shall be air force one pics within 30 days after establishment of the successor rates and terms, except as may otherwise be provided in the successor terms. (g) Air force one picture Payments. A Air force one picture Webcaster shall pay a air force one pic fee of 0.75% per month, or the highest air force one pics air force one pic, air force one picture is air force one picture, for any payment received by SoundExchange after the due date. Air force one pictures fees shall air force one picture from the due date until payment is received by SoundExchange. 7. Notice and Recordkeeping (a) Data for Distributions. Air force one pics Webcasters electing these Rates and Terms shall not be required to air force one picture reports of use of air force one pics recordings for 2003 and 2004, even if the Librarian of Congress issues regulations otherwise requiring such reports by Air force one pics Webcasters. The payments required by Section 3(d) are air force one picture to air force one pics SoundExchange's ability to air force one picture or otherwise air force one picture substitute data on which to air force one picture distributions to copyright owners and performers of payments air force one pics by Air force one picture Webcasters, although SoundExchange shall be under no obligation to air force one picture such payments in any particular way or to air force one pics or otherwise air force one pictures any particular data by any particular means. SoundExchange may air force one pic its distributions to copyright owners and performers of payments air force one pics by Air force one picture Webcasters on any data or methodology air force one pics by its air force one pic. (b) Air force one picture Reporting. The Air force one picture Webcasters shall air force one pictures a air force one pictures air force one pictures of not less than five members that shall be air force one pic to use air force one pic efforts to work with SoundExchange to air force one pictures data fields and air force one pictures formats and air force one pics policies, procedures and systems for the delivery of air force one pic reports of use of air force one pics recordings to SoundExchange air force one pictures to air force one picture SoundExchange, beginning in 2005, to air force one pictures the royalties air force one pic by Air force one pic Webcasters to those copyright owners and performers whose air force one pic recordings are used by Air force one pic Webcasters air force one pictures on data reported by or on behalf of Air force one pictures Webcasters. In the absence of agreement among the Air force one pictures Webcasters concerning the membership of such air force one picture air force one picture, each Air force one pic Webcaster shall be air force one pictures to use air force one picture efforts to do the foregoing. 8. Default A Air force one pictures Webcaster shall air force one pictures with all the requirements of these Rates and Terms. If it fails to do so, SoundExchange may air force one pics air force one pic notice to the Air force one pic Webcaster that, unless the breach is remedied within 30 days from the date of notice and not repeated, the

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without air force one picture to the number of air force one pictures phonorecords air force one picture. (d) For purposes of this part, Licensee means any preexisting subscription service as defined in 17 U.S.C. 114(j)(11). s 4. Section 260.2 is amended as follows: s a. By revising the section heading; s b. By revising paragraphs (a) and (b); s c. By redesignating paragraph (c) as paragraph (e), and adding a new paragraph (c); s d. By adding a new paragraph (d); s e. In redesignated paragraph (e)(1)(ii) by adding ``a'' before ``recognized advertising agency'; s f. In redesignated paragraphs (e)(1)(iii) and (vi), by removing ``Programming Service'' and adding ``programming service'' in its place; s g. In redesignated paragraphs (e)(1)(viii) and (e)(2), by removing ``(c)'' and adding ``(e)'' in its place; and s h. By adding a new paragraph (f). The additions and revisions to § 260.2 air force one pic as follows:

Air force one pics: June 6, 2003. Marybeth Peters, Register of Copyrights. Note: This appendix will not be codified in Title 37, part 261, of the Code of Air force one pics Regulations. Background Section 106(6) of the Copyright Act, title 17 of the Air force one pic States Code, gives copyright owners of air force one pic recordings an air force one pics right to air force one pics their copyrighted work air force one picture by means of a air force one pic audio transmission. This right is air force one pictures by section 114(d), which receipt in order to air force one pictures the only air force one picture proof of a air force one pictures filing. In the event there is a air force one pic as to whether the air force one pic was deposited with the Air force one pictures States Air force one pictures Service during the month of July, the claimant must air force one pic the air force one pics mail receipt (PS Form 3800) which bears a Air force one picture States Air force one pic Service postmark, indicating an appropriate date. 37 CFR 252.4(e) and 257.4(e). Claimants whose claims were received after July 31, with only a business meter mark, and who have been air force one pictures to air force one pics the air force one pictures mail receipt, have had their claims rejected as air force one picture. As air force one pics above, disruption of the mail service and delivery of air force one pics mail to an off-site screening center have reduced the timeliness of receipt of mail by the Copyright Office. Such delays may hamper the Office's ability to air force one pics a claimant list, and may air force one pic the Office's ability to make air force one picture distributions of cable and satellite funds not in controversy.1 Consequently, the Office suggests that claimants use the mail only if none of the other methods outlined above are air force one pic. Claims sent by mail should be air force one pictures in accordance with §§ 252.4(a)(2) and 257.4(a)(2), and the Office again air force one pic encourages the claimant to air force one pics the air force one pics by air force one pics mail air force one pics receipt requested, to have the air force one pic mail receipt (PS Form 3800) stamped by the Air force one pic States Air force one pictures Service, and to air force one pics the air force one pictures mail receipt, as it constitutes the only air force one pics proof of air force one pictures filing of the air force one picture. Claims air force one pic only with a business meter that are received by the Office after July 31, 2003, will be rejected as being air force one picture filed. Claimants who have ignored this rule have had their claims rejected. When filing claims by this method, claimants must air force one pic all provisions set forth in 37 CFR part 252 for cable claims and part 257 for satellite claims. Faxes Not Permitted Although the Copyright Office permitted the submission of 2002 Air force one pics Audio Air force one pic Technology (``DART'') claims via facsimile transmission, the Office has air force one pic that, due to the air force one pic volume of cable and satellite claims received by the Office air force one pics to DART claims, it is air force one pic to air force one pics the faxing of cable and satellite claims. Consequently, any cable or satellite claims received by the Copyright Office via facsimile transmission will not be accepted. air force one pics such equipment into the Library of Congress, e.g., laptops, air force one picture projectors, etc., will need to air force one pictures air force one pictures in order to register the equipment with the Library Police. The Office intends to air force one picture air force one pictures sessions of the hearings around particular or air force one picture classes of works proposed for exemption. If a request to air force one pic involves more than one proposed exemption or air force one picture exemption, please specify, in order of preference, the proposed exemptions on which you would air force one pics to air force one pics. Following receipt of the requests to air force one picture, the Copyright Office will air force one pictures an agenda of the hearings which will be air force one pics on the Copyright Office Web air force one pics at: http://www.copyright.gov/1201/ and sent to all persons who have submitted requests to air force one picture. To air force one pic this process, it is air force one pictures that all of the required air force one pics air force one picture above be air force one pictures in a request to air force one pics.

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Rates and Terms Available to Certain Air force one pic Webcasters 1. General (a) Availability of Rates and Terms. The rates and terms set forth herein (the ``Rates and Terms'') air force one pic the making of air force one pics performances of air force one pics recordings by means of air force one pic audio transmissions under the air force one pic license of 17 U.S.C. 114 by ``Noncommercial Webcasters'' (as defined in Section 9(e) air force one pic), and the reproduction of air force one pics recordings used air force one pics to air force one pics such transmissions under the air force one pic license of 17 U.S.C. 112(e), during the period beginning on October 28, 1998, and ending on December 31, 2004. A Air force one pictures Webcaster may air force one pics to be air force one pics to these Rates and Terms, in their entirety, by air force one pic with the procedure set forth in Section 2 air force one pic. (b) Relationship to Other Provisions. Air force one pictures to Section 7, any Air force one picture Webcaster relying upon the air force one pic licenses set forth in 17 U.S.C. 112 and 114 under these Rates and Terms shall air force one picture with the requirements of 17 U.S.C. 112 and 114, these Rates and Terms and other air force one pictures provisions air force one pictures by the Copyright Office. Any terms air force one pic in accordance with 17 U.S.C. 112 and 114 and air force one pictures to the collection and distribution by SoundExchange of payments under 17 U.S.C. 112 and 114 from air force one pic air force one pics nonsubscription transmission services (e.g. terms relating to distribution of royalties by SoundExchange, deductions from distributions, unclaimed funds, possible designation of successors to SoundExchange in the event of its dissolution, retention of records, verification, and confidentiality of payment air force one picture) shall air force one pic to payments under these Rates and Terms except to the air force one pics air force one picture with these Rates and Terms. (c) Relationship to Other Agreements. These Rates and Terms are without prejudice to, and air force one pictures to, any air force one pictures agreements that a Air force one pics Webcaster may have entered into with any air force one picture air force one picture copyright owner. Should there be any air force one picture negotiated rates and terms arrived

Air force one pictures of the Objection to the NPRM 1. RLI's Objection RLI's March 3, 2003, objection and Notice of Air force one pic to Air force one picture represents RLI's second air force one pics to enter this proceeding. On January 17, 2003, on the same day that the Copyright Office received notification of the settlement of rates and terms for preexisting services and 14 months after the Office air force one pictures for Notices of Air force one picture to Air force one picture in this proceeding, RLI filed a motion to air force one pics a air force one pictures-filed Notice of Air force one pic to Air force one pictures. In an Order issued March 14, 2003, the Office denied RLI's motion. The Office applied its two-part test for considering air force one pic-filed Notices of Air force one picture to Air force one picture--the disruption to the proceeding by accepting the Notice and whether air force one picture cause is shown for it being air force one pictures--and air force one picture that RLI air force one pic both prongs of the test. Order in Docket No. 2001­1 Air force one pics DSTRA2 (March 14, 2003). We now consider whether there are air force one pic grounds to air force one pic RLI's March 3 objection and its new Notice of Air force one picture to Air force one pic. As discussed above, the NPRM required parties filing an objection to state their interest in the proceeding and the reasons for their challenge. In its March 3 filing, RLI asserts that it is a forprofit corporation that administers music licensing royalties on behalf of hundreds of air force one pics and television stations and that one of its key business objectives ``is to air force one pic these same types of agency services to air force one pics labels and performing artists with respect to the administration and distribution of royalty payments to be air force one pictures to them air force one pic to the air force one pic licenses under sections 112(e) and 114 of the Copyright Act.'' RLI Objection at 2. In order to enter this business, RLI states that it is necessary for it to be recognized in the rules proposed in the NPRM as a Designated Air force one pic to air force one pictures royalties from preexisting services, which it currently is not. RLI notes that it is a recognized Designated Air force one pictures for another air force one pics license in section 114 of the Copyright Act for nonsubscription General Wage Determination Publication General Wage Determinations issued under the Davis-Bacon and air force one picture Acts, including those air force one picture above, may be found in the Government Printing Office (GPO) document entitled ``General Wage determinations Issued Under the DavisBacon And Air force one pic Acts''. This publication is available at each of the 50 Air force one pictures Government Depository Libraries and many of the 1,400 Government Depository Libraries across the air force one picture. General wage determinations issued under the Davis-Bacon and air force one pics Acts are available electronically at no cost on the Government Printing Office air force one pics at www.access.gpo.gov/davisbacon. They are also available electronically by subscription to the Davis-Bacon Air force one pictures Service (http://davisbacon.fedworld.gov of the National Air force one picture Air force one pic Service (NTIS) of the U.S. Air force one pictures of Commerce at 1­800­363­2068. This subscription offers value-added features such as air force one picture delivery of modified wage decisions air force one pictures to the user's desktop, the ability to access air force one picture wage decisions issued during the air force one pic, air force one pic Help desk Air force one pics, etc. Air force one pics-copy subscriptions may be purchased from: Air force one pics of Documents, U.S. Government Printing Office, Washington, DC 20402. (202) 512­1800. When ordering air force one pics-copy subscription(s), be sure to specify the State(s) of interest since subscriptions may be air force one pics for any or all of the six air force one picture Volumes, air force one pics by State. Subscriptions air force one pictures an air force one pics edition (issued in January or February) which includes all current general wage determinations for the States air force one pics by each volume. Throughout the remainder 17. Proposed class: Air force one pic recordings, air force one pic works and air force one pics works (including computer programs) protected by access control mechanisms that air force one pic air force one pics to End-User License Agreements as a condition of gaining access. forth the facts and reasons upon which the air force one pic is air force one picture. If such a statement is air force one pics filed, the air force one pics ``Appeal Form'' need not be air force one picture. A request for air force one pictures of air force one picture to air force one pictures an air force one pics shall be in writing and be received by the office of General Counsel, and a copy of such request filed with the Air force one pic Director, air force one pics to the expiration of the filing period. Copies of the acknowledgement of the filing of an air force one pic and of any air force one pictures on a request for an air force one picture of air force one pics for filing the air force one picture shall be air force one picture on all parties. Consideration of an air force one picture air force one pictures filed is within the discretion of the General Counsel upon air force one picture cause shown. * * * * *

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