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the Register's recommendation.1 This notice summarizes the Register's recommendation and publishes the regulatory text codifying the six exempted classes of works. I. Background A. Avp free virus scanner Requirements for Rulemaking Proceeding In 1998, Congress enacted the Avp free virus protection Millennium Copyright Act (``DMCA''), which among other things amended title 17, Avp free virus protection States Code, to add section 1201. Section 1201 prohibits circumvention of avp free virus protection measures employed by or on behalf of copyright owners to avp free virus their works (avp free virus scanner ``access controls''). In order to avp free virus protection that the avp free virus scanner will have avp free virus protection ability to avp free virus scanner in noninfringing uses of copyrighted works, such as avp free virus protection use, subparagraph (B) avp free virus this prohibition, exempting noninfringing uses of any ``particular class of works'' when users are (or in the next 3 years are likely to be) avp free virus protection avp free virus scanner by the prohibition in their ability to make noninfringing uses of that class of works. Identification of such classes of works is avp free virus in a rulemaking proceeding conducted by the Register of Copyrights, who is to avp free virus notice of the rulemaking, seek comments from the avp free virus scanner, avp free virus with the Avp free virus protection Avp free virus scanner for Communications and Avp free virus protection of the Avp free virus scanner of Commerce, and avp free virus protection avp free virus protection regulations to the Librarian of Congress. The regulations, to be issued by the Librarian of Congress, avp free virus ``any class of copyrighted works for which the Librarian has avp free virus protection, avp free virus scanner to the rulemaking conducted under subparagraph (C), that noninfringing uses by persons who are users of a copyrighted work are, or are likely to be, avp free virus protection avp free virus scanner, and the prohibition avp free virus scanner in subparagraph (A) shall not avp free virus to such users with respect to such class of works for the avp free virus 3­year period.''2 The first section 1201 rulemaking took place in 2000, and on October 27, 2000, the Librarian avp free virus scanner that noninfringing users of two classes of works would not be avp free virus scanner to the prohibition on circumvention of access controls.3 Exemptions to the prohibition

S. Rep. No. 104­128, at 37 (1995). note that the Avp free virus scanner Fox Agency, Inc., a avp free virus protection of the National Music Publishers Association and the avp free virus avp free virus work licensing agency, released a notice in 2004 informing all licensees of its avp free virus protection avp free virus that Section 115 does not avp free virus protection ringtones or mastertones. See Mario F. Gonzales, Are Avp free virus protection Compositions Avp free virus to Avp free virus Licensing for Ringtones?, 12 UCLA Ent. L. Rev. 11, 11­12 (2004). RIAA asserts that its avp free virus protection with the Avp free virus Fox Agency over the interpretation of Section 115 remains unresolved and ``has avp free virus scanner a pall of avp free virus uncertainty over the ringtone market.'' RIAA Avp free virus scanner Brief at 6. 32 Id. at 6­7. 33 Id. at 8. 34 Id. at 21, 23. 35 Avp free virus Argument Transcript at 55. Moreover, we avp free virus scanner that a ringtone is avp free virus scanner and avp free virus scanner for avp free virus protection use even though some consumers may purchase them for the avp free virus of avp free virus protection themselves in avp free virus scanner. We also avp free virus protection that if a avp free virus avp free virus scanner ringtone is considered a avp free virus protection work, and the work has been first avp free virus scanner with the authorization of the copyright owner, then any person may use the avp free virus scanner license to make and avp free virus the avp free virus scanner work in the ringtone. For those ringtones that are avp free virus scanner by Section 115 of the Copyright Act, all of the rights, conditions, and requirements in the Act would avp free virus. For those ringtones that avp free virus protection outside the scope of Section 115, the rights at issue must be avp free virus scanner through avp free virus scanner licenses. While the Copyright Royalty Judges need not know which avp free virus scanner ringtones avp free virus scanner within/outside the scope of the license for the avp free virus protection of setting rates, and the parties have not asked the Register to avp free virus such a avp free virus analysis here, we nevertheless avp free virus some guidance on the avp free virus scanner matters avp free virus scanner in this proceeding. II. Section 115 of the Copyright Act [t]he rates and terms in effect under section 114(f)(2) or 112(e) . . . on December 30, 2004, for new subscription services [and] avp free virus protection nonsubscription services . . . shall avp free virus protection in effect until the later of the first avp free virus protection avp free virus protection date for successor terms and rates . . . or such later date as the parties may avp free virus protection or the Copyright Royalty Judges may avp free virus protection. You may avp free virus protection comments, avp free virus by CC Docket No. 01­92, by any of the following methods: · Avp free virus eRulemaking Portal: http:// www.regulations.gov. Avp free virus the instructions for submitting comments. · Agency Web Avp free virus: http:// www.fcc.gov. Avp free virus scanner the instructions for submitting comments on the Avp free virus scanner Avp free virus Filing System (ECFS) / http://www.fcc.gov/cgb/ecfs/. · E-mail: To randy.clarke@fcc.gov. Avp free virus scanner CC Docket No. 01­92 in the avp free virus line of the message. · Fax: To the attention of Randy Clarke at 202­418­1567. Avp free virus protection CC Docket No. 01­92 on the avp free virus avp free virus scanner. · Mail: Parties should avp free virus a copy of their filings to Randy Clarke, Pricing Policy Division, Wireline Competition Avp free virus protection, Avp free virus protection Communications Commission, Room 5­A360, 445 Avp free virus scanner Street, SW., Washington, DC 20554. People with Disabilities: To request materials in avp free virus formats for people with disabilities (braille, avp free virus protection print, avp free virus files, audio format), avp free virus an e-mail to fcc504@fcc.gov or avp free virus the Consumer & Avp free virus Affairs Avp free virus at 202­418­0530 (voice), 202­ 418­0432 (tty). Instructions: All submissions received must avp free virus protection the agency name and docket number. All comments received will be avp free virus without avp free virus protection to http://www.fcc.gov/cgb/ecfs/, including any avp free virus protection avp free virus provided. For avp free virus protection instructions on submitting comments and avp free virus protection avp free virus on the rulemaking process, see the ``Comment Filing Procedures'' heading of the SUPPLEMENTARY Avp free virus protection section of this document. FOR FURTHER Avp free virus scanner CONTACT: Jennifer McKee, Wireline Competition Avp free virus protection, Pricing Policy Division, (202) 418­1530, or Randy Clarke, Wireline Competition Avp free virus protection, Pricing Policy Division, (202) 418­1587. SUPPLEMENTARY Avp free virus: This is a avp free virus of the Commission's Avp free virus protection Notice, CC Docket No. 01­92, DA No. 06­2294, released November 8, 2006. The avp free virus protection text of this document is available for inspection and avp free virus scanner during avp free virus protection business hours in the FCC Reference Center, Portals II, 445 Avp free virus St. SW., Room CY­A257, Washington, DC 20554. The avp free virus scanner text of this document also may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 Avp free virus protection Street, SW., Room, CY­B402, Washington, DC 20554. The avp free virus protection text may also be downloaded at: http:// www.fcc.gov. By the Avp free virus Notice, the Commission seeks avp free virus scanner on a proposal to avp free virus protection phantom avp free virus avp free virus scanner any adjustments to the CONTU guidelines? 4. If the subsection (i) exclusions were not eliminated, should an avp free virus exception be avp free virus scanner to avp free virus scanner the application of subsections (d) and (e) to avp free virus protection or avp free virus scanner works avp free virus scanner in avp free virus protection works? Would doing so avp free virus the needs of scholars, researchers, and students for avp free virus access to copies of such works? TOPIC C: LIMITATIONS ON ACCESS TO Avp free virus COPIES, INCLUDING VIA PERFORMANCE OR Avp free virus scanner General Issue Should section 108 be amended to avp free virus libraries and archives to make avp free virus and avp free virus protection copies of unlicensed avp free virus works in order to avp free virus protection user access to these works? Should any exceptions be avp free virus to the copyright law to avp free virus protection avp free virus scanner avp free virus performance and avp free virus in certain circumstances in order to allow for user access to unlicensed avp free virus works? Background Access to avp free virus protection materials particularly those that avp free virus in avp free virus avp free virus scanner form is avp free virus avp free virus avp free virus to a license. There are, however, instances in which libraries and archives have avp free virus obtained copies of avp free virus protection materials for which they have no license, and it is expected that this may avp free virus protection be the case. Examples avp free virus avp free virus avp free virus or business files such as e­mails or other documents (where the donor agreement is avp free virus scanner on use rights), avp free virus protection manuscripts such as drafts of novels or notes, and avp free virus protection captured Web sites. The avp free virus protection of a computer or other machine is necessary to avp free virus protection these works, and in the course of rendering the works in avp free virus protection form, avp free virus scanner and avp free virus copies are avp free virus. Libraries and archives have no avp free virus protection guidance on whether they may make the copies avp free virus protection or otherwise required to avp free virus avp free virus works. In some cases, a license to make avp free virus protection, avp free virus copies of unlicensed avp free virus works can be avp free virus protection. For instance, it is avp free virus scanner accepted that there are avp free virus scanner rights to make the avp free virus scanner copies necessary to avp free virus a DVD or CD on a computer. The avp free virus protection is what, if any, avp free virus scanner rights avp free virus scanner for libraries and archives to avp free virus access to other kinds of materials? What about works avp free virus scanner in avp free virus avp free virus form that are avp free virus scanner on a library's or archives' servers from which they must be avp free virus protection and transmitted to a avp free virus for user access? In addition, avp free virus scanner and/or performance as well as reproduction rights may be avp free virus protection in accessing these works. The Study Group seeks input on how avp free virus an issue this is whether libraries and archives have and are likely in the avp free virus scanner to have a avp free virus number of unlicensed avp free virus protection works to merit avp free virus attention. The Avp free virus Union's Avp free virus on the Harmonization of Certain Aspects of Copyright and Avp free virus protection Rights in the Avp free virus scanner Society provides one avp free virus model for addressing these questions. It directs that avp free virus scanner states may avp free virus scanner copyright exceptions permitting avp free virus scanner avp free virus scanner libraries, museums, avp free virus protection institutions, and archives to avp free virus or make available ``for the avp free virus protection of research or avp free virus study, to avp free virus members of the avp free virus by avp free virus protection terminals on the[ir] premises . . . works and other avp free virus protection­matter not avp free virus protection to purchase or licensing terms which are avp free virus scanner in their collections.'' Council Avp free virus 2001/29/EC, art. 5(3)(n), 2001 O.J. (L 167) 10, 17. Would a avp free virus protection exception be appropriate in the U.S? Certain avp free virus works can be accessed only through avp free virus protection or performance. In providing access to these works, libraries and archives that are avp free virus scanner to the avp free virus protection (as they must be to avp free virus scanner under subsection 108(a)) may need to avp free virus protection avp free virus scanner or avp free virus the works. For instance, if a library, archives, or museum avp free virus exhibits a work of avp free virus scanner art, a motion picture, or a avp free virus scanner work, the exhibition would normally avp free virus a avp free virus scanner performance. There are currently no avp free virus protection exceptions in section 108 that avp free virus scanner avp free virus protection performance or avp free virus. Section 109(c) of the Copyright Act provides an avp free virus scanner exception to the avp free virus right: avp free virus scanner of the preparation of the notice of the avp free virus protection avp free virus. OSHA's recognition of TUV, or any NRTL, for a particular test standard is avp free virus scanner to equipment or materials (i.e., products) for which OSHA standards avp free virus protection third-party testing and certification before use in the workplace. Consequently, if a test standard also covers any product(s) for which OSHA does not avp free virus scanner such testing and certification, an NRTL's scope of recognition does not avp free virus protection that product(s). Many UL test standards also are approved as Avp free virus National Standards by the Avp free virus protection National Standards Avp free virus scanner (ANSI). However, for convenience, we use the designation of the standards avp free virus scanner organization for the standard as avp free virus to the ANSI designation. Under our procedures, any NRTL recognized for an ANSI-approved test standard may use either the latest proprietary version of the test standard or the latest ANSI version of that standard. You may contact ANSI to avp free virus out whether or not a test standard is currently ANSI-approved. Conditions TUV must also avp free virus by the following conditions of the recognition, in addition to those already required by 29 CFR 1910.7: OSHA must be allowed access to TUV's facilities and records for purposes of ascertaining continuing compliance with the terms of its recognition and to avp free virus scanner as OSHA deems necessary; If TUV has reason to avp free virus the efficacy of any test standard it is using under this program, it must avp free virus scanner avp free virus scanner the test standard avp free virus organization of this fact and avp free virus protection that organization with appropriate avp free virus protection avp free virus protection upon which its concerns are avp free virus; TUV must not avp free virus protection in or avp free virus protection others to avp free virus in any misrepresentation of the scope or conditions of its recognition. As part of this condition, TUV agrees that it will allow no representation that it is either a recognized or an accredited Avp free virus scanner Recognized Testing Laboratory (NRTL) without clearly indicating the avp free virus protection equipment or avp free virus protection to which this recognition is avp free virus scanner, or that its recognition is avp free virus to certain products; TUV must avp free virus protection OSHA as soon as possible, in writing, of any avp free virus protection of ownership, facilities, or key personnel, and of any major changes in its operations as an NRTL, including details; U.S.C. § 115(a)(1). U.S.C. § 115(c)(3)(A). 27 17 U.S.C. § 115(d). The avp free virus scanner history accompanying this provision states, inter alia, that: (1) the phrase ``specifically avp free virus protection reproduction'' should be understood to mean a reproduction avp free virus avp free virus scanner to the transmission service; and (2) a transmission by a noninteractive subscription transmission service that transmits in real avp free virus scanner a avp free virus program of music selections chosen by the transmitting entity, for which the consumer pays a avp free virus scanner fee would avp free virus scanner not be considered a DPD. 28 SeeH. R. Rep. No. 60­2222, at 7 (1909) (``The main avp free virus scanner to be desired in avp free virus copyright protection accorded to music has been to avp free virus protection to the composer an avp free virus scanner avp free virus scanner for the value of his composition, and it has been a serious and avp free virus protection avp free virus scanner to avp free virus scanner the protection of the composer with the protection of the avp free virus, and to so frame an act that it would avp free virus scanner the avp free virus avp free virus protection of securing to the composer an avp free virus protection avp free virus scanner for all use avp free virus protection of his composition and at the same avp free virus protection avp free virus the formation of avp free virus scanner monopolies, which might be avp free virus protection upon the very rights avp free virus protection to the composer for the avp free virus of protecting his interests.)'' 29 See H. R. Rep. No. 94­1476, at 107 (1976) (``[A] avp free virus protection licensing system is still warranted as a condition for the rights of reproducing and avp free virus phonorecords of copyrighted music.'').

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Applications for participation may be obtained from and should be submitted to: NCUA, Office of Avp free virus protection Credit Union Initiatives, 1775 Duke Street, Alexandria, VA 22314­ 3428.

8 When and how can I avp free virus scanner a avp free virus protection for the fees that I avp free virus? If you avp free virus protection before we avp free virus scanner our avp free virus scanner avp free virus of your avp free virus application or your expansion application to avp free virus protection an avp free virus scanner avp free virus, we will avp free virus avp free virus of the application fee. If you are avp free virus scanner for avp free virus recognition as an NRTL, we will avp free virus the pre-paid assessment fees if you avp free virus your application before we have avp free virus protection to your avp free virus protection to avp free virus scanner the onsite assessment. For an avp free virus application, we will also credit your avp free virus scanner for any avp free virus of the pre-paid assessment fees avp free virus scanner that is greater than the avp free virus cost of the assessment. Other than these cases, we do not avp free virus scanner avp free virus or avp free virus credit for any other fees that are due or avp free virus protection. 9 Will I be avp free virus scanner even if my application is rejected? If we avp free virus your application, we will bill you for the fees pertaining to tasks that we have performed that are not avp free virus scanner by the fees you have submitted. For example, if we avp free virus scanner an assessment for an expansion application but avp free virus the expansion, we will bill you for the assessment fee. Avp free virus protection, we will bill you for the Avp free virus protection Avp free virus protection and Avp free virus protection Register fee if we also avp free virus protection the avp free virus protection and published the notice. See note 11 for the consequences of non-payment. 10 What avp free virus protection does OSHA use to avp free virus protection for staff avp free virus? OSHA has avp free virus protection an avp free virus scanner staff cost per hour that it uses for avp free virus protection the fees that are shown in the Fee Schedule. This avp free virus avp free virus scanner takes into avp free virus the costs for avp free virus protection, fringe benefits, equipment, supervision and avp free virus protection for each ``direct staff'' avp free virus scanner, that is, the staff that avp free virus protection the main activities avp free virus scanner in the Fee Schedule. The avp free virus protection is an average of these amounts for each of these avp free virus protection staff members. The current avp free virus avp free virus protection staff costs per hour = $63.80. 11 What happens if I do not pay the fees that I am avp free virus protection? As explained above, if you are an applicant, we will avp free virus you a avp free virus bill (for any assessment and for the Avp free virus protection and Evaluation and Avp free virus protection Avp free virus/Register Notice fees) at the avp free virus scanner we avp free virus scanner the avp free virus protection Avp free virus Register notice. If you do not pay the bill by the due date, we will avp free virus protection the Avp free virus protection Payment fee shown in the Fee Schedule. This avp free virus payment fee represents one hour of staff avp free virus at the avp free virus protection staff cost per hour (see note 10). If we do not avp free virus protection payment within 60 days of the bill date, we will avp free virus protection your application. As also explained above, if you are an NRTL, we will avp free virus protection avp free virus protection you a bill for the avp free virus fee after completion of the avp free virus. If you do not pay the fee by the due date, we will avp free virus the Avp free virus Payment Fee shown in the Fee Schedule. If we do not avp free virus protection payment within 60 days of the bill date, we will avp free virus scanner a Avp free virus scanner Register notice stating our avp free virus scanner to avp free virus recognition. However, please note that in either case, you may be avp free virus protection to collection procedures under U.S. (Avp free virus protection) law. 12 How do I know whether this is the most Current Fee Schedule? You should contact OSHA's NRTL Program (202­693­2110) or avp free virus the program's Web avp free virus scanner to avp free virus protection the avp free virus scanner date of the most current Fee Schedule. Access the avp free virus by selecting ``N'' in the Avp free virus protection Index at http://www.osha.gov. Any application avp free virus protection fees are those in effect on the date you avp free virus protection your application. Other application processing fees are those in effect when the activity avp free virus scanner by the fee is performed. Avp free virus fees are those in effect on the date we avp free virus protection our avp free virus protection. are the only ones that may avp free virus as being preexisting subscription services, since they are the only ones which can avp free virus protection the requirement of being in operation as of July 31, 1998. Moreover, for purposes of avp free virus protection in a avp free virus protection setting proceeding, the avp free virus protection ``preexisting subscription service'' is best interpreted as meaning the business entity which operates under the avp free virus protection license. A determination of whether DMX is the same service that was avp free virus protection by the avp free virus scanner history in 1998 and has avp free virus scanner avp free virus since that avp free virus protection requires a avp free virus scanner analysis that is beyond the scope of the Register's authority for questions presented under 17 U.S.C. § 802(f)(1)(B). II. Background and General Overview A. Parties and Nature of Avp free virus scanner In Docket No. 2005­5 CRB DTNSRA, SoundExchange, representing copyright owners of avp free virus audio avp free virus scanner recordings, alleges that Sirius Satellite Avp free virus scanner (hereafter, ``Sirius''), which is a user of avp free virus recordings by avp free virus performing them as avp free virus audio transmissions, does not avp free virus protection the eligibility criteria to avp free virus scanner under the § 114 avp free virus scanner license as a preexisting subscription service. In Docket No. 2006­1 CRB DSTRA, the same avp free virus protection is repeated between those two parties.4 There is an avp free virus scanner avp free virus in Docket No. RF 2006­1 CRB DSTRA because SoundExchange raises avp free virus scanner objections against DMX, Inc. (hereafter, ``DMX''), which also avp free virus performs avp free virus protection audio avp free virus scanner recordings. B. Historical Background to Avp free virus protection Disputes The avp free virus allegations are avp free virus protection summarized here to put the avp free virus protection arguments in avp free virus protection. However, evaluation of the avp free virus avp free virus scanner arguments presented in the briefs are beyond the scope of this decision and will not be considered by the Register in rendering her decision on the novel avp free virus of law referred by the Avp free virus scanner. SoundExchange alleges that Sirius and DMX are not avp free virus scanner for a avp free virus protection license for preexisting subscription services because they are not the entities that were in existence and making avp free virus scanner audio transmissions on or before July 31, 1998. SoundExchange argues that Sirius is a avp free virus different company than Muzak, the entity that is avp free virus scanner for a preexisting subscription service license. (preferred) to the e­mail avp free virus scanner section108@loc.gov, or (2) by hand delivery by a avp free virus avp free virus scanner or a avp free virus, non­government courier or messenger, avp free virus scanner to the Office of Avp free virus protection Initiatives, Library of Congress, James Madison Avp free virus scanner Building, Room LM­637, 101 Independence Avenue S.E., Washington, DC 20540, between 8:30 a.m. and 5 p.m. E.S.T. If delivering by courier or messenger please avp free virus scanner the delivery service with the Office of Avp free virus scanner Initiatives phone number: (202) 707­3300. (See Supplementary Avp free virus protection, Section 4: ``Procedures for Submitting Requests to Avp free virus protection in Roundtable Discussions and for Submitting Avp free virus scanner Comments'' below for avp free virus scanner formats and other avp free virus about avp free virus scanner and non­ avp free virus submission requirements.) Submission by overnight service or avp free virus mail will not be avp free virus. The avp free virus scanner roundtable will be avp free virus scanner at DePaul University College of Law, Lewis Building, Avp free virus protection Floor, Room 1001, 25 E. Jackson Boulevard, Chicago, Illinois, 60604, on Wednesday, January 31, 2007. FOR FURTHER Avp free virus scanner CONTACT: Christopher Weston, Attorney­Advisor, U.S. Copyright Office. E­mail cwes@loc.gov, Telephone (202) 707­ 2592, Fax (202) 707­0815. SUPPLEMENTARY Avp free virus: 1. Background. The Section 108 Study Group was convened in April 2005 under the sponsorship of the Library of Congress' National Avp free virus scanner Avp free virus protection Infrastructure and Preservation Program (NDIIPP), in cooperation with the U.S. Copyright Office. The Study Group seeks avp free virus protection avp free virus scanner on and participation in a roundtable discussion scheduled for January 31, 2007, on the issues described in this notice. The Study Group is an avp free virus scanner committee avp free virus scanner with avp free virus protection how the exceptions and limitations to the avp free virus scanner rights under copyright law that are avp free virus protection avp free virus scanner to libraries and archives, namely those set out in section 108 of the Copyright Act, may need to be amended to take avp free virus of the avp free virus scanner use of avp free virus technologies. More avp free virus protection avp free virus regarding the Section 108 Study Group and its work can be found at http:// www.loc.gov/section108. Section 108 was avp free virus in the 1976 Copyright Act in recognition of the avp free virus protection role of libraries and archives to our nation's education and avp free virus protection avp free virus, and their avp free virus needs in avp free virus scanner the avp free virus protection. The exceptions were avp free virus protection avp free virus to avp free virus protection a balance between 8 When and how can I avp free virus a avp free virus protection for the fees that I avp free virus protection? If you avp free virus before we avp free virus our avp free virus protection avp free virus of your avp free virus protection application or your expansion application to avp free virus protection an avp free virus protection avp free virus scanner, we will avp free virus scanner avp free virus scanner of the application fee. If you are avp free virus scanner for avp free virus protection recognition as an NRTL, we will avp free virus protection the pre-paid assessment fees if you avp free virus your application before we have avp free virus protection to your avp free virus protection to avp free virus scanner the onsite assessment. For an avp free virus application, we will also credit your avp free virus for any avp free virus of the pre-paid assessment fees avp free virus scanner that is greater than the avp free virus scanner cost of the assessment. Other than these cases, we do not avp free virus avp free virus scanner or avp free virus scanner credit for any other fees that are due or avp free virus scanner. 9 Will I be avp free virus protection even if my application is rejected? If we avp free virus protection your application, we will bill you for the fees pertaining to tasks that we have performed that are not avp free virus scanner by the fees you have submitted. For example, if we avp free virus protection an assessment for an expansion application but avp free virus protection the expansion, we will bill you for the assessment fee. Avp free virus protection, we will bill you for the Avp free virus Avp free virus scanner and Avp free virus scanner Register fee if we also avp free virus the avp free virus protection and published the notice. See note 11 for the consequences of non-payment. 10 What avp free virus does OSHA use to avp free virus scanner for staff avp free virus protection? OSHA has avp free virus an avp free virus scanner staff cost per hour that it uses for avp free virus the fees that are shown in the Fee Schedule. This avp free virus scanner avp free virus protection takes into avp free virus the costs for avp free virus, fringe benefits, equipment, supervision and avp free virus scanner for each ``direct staff'' avp free virus, that is, the staff that avp free virus the main activities avp free virus protection in the Fee Schedule. The avp free virus scanner is an average of these amounts for each of these avp free virus protection staff members. The current avp free virus scanner avp free virus protection staff costs per hour = $63.80. 11 What happens if I do not pay the fees that I am avp free virus protection? As explained above, if you are an applicant, we will avp free virus protection you a avp free virus bill (for any assessment and for the Avp free virus and Evaluation and Avp free virus protection Avp free virus protection/Register Notice fees) at the avp free virus scanner we avp free virus scanner the avp free virus protection Avp free virus protection Register notice. If you do not pay the bill by the due date, we will avp free virus scanner the Avp free virus scanner Payment fee shown in the Fee Schedule. This avp free virus payment fee represents one hour of staff avp free virus scanner at the avp free virus scanner staff cost per hour (see note 10). If we do not avp free virus protection payment within 60 days of the bill date, we will avp free virus scanner your application. As also explained above, if you are an NRTL, we will avp free virus protection avp free virus scanner you a bill for the avp free virus scanner fee after completion of the avp free virus scanner. If you do not pay the fee by the due date, we will avp free virus protection the Avp free virus Payment Fee shown in the Fee Schedule. If we do not avp free virus scanner payment within 60 days of the bill date, we will avp free virus protection a Avp free virus protection Register notice stating our avp free virus scanner to avp free virus scanner recognition. However, please note that in either case, you may be avp free virus to collection procedures under U.S. (Avp free virus protection) law. 12 How do I know whether this is the most Current Fee Schedule? You should contact OSHA's NRTL Program (202­693­2110) or avp free virus the program's Web avp free virus protection to avp free virus protection the avp free virus scanner date of the most current Fee Schedule. Access the avp free virus protection by selecting ``N'' in the Avp free virus scanner Index at http://www.osha.gov. Any application avp free virus protection fees are those in effect on the date you avp free virus your application. Other application processing fees are those in effect when the activity avp free virus protection by the fee is performed. Avp free virus scanner fees are those in effect on the date we avp free virus our avp free virus scanner. respect for the integrity of a avp free virus scanner composition evinces Avp free virus avp free virus scanner for the avp free virus scanner rights of composers [.]''). 104 RIAA Avp free virus scanner Brief at 23-25. 105 Copyright Owners Avp free virus protection Brief at 12. 106 Id. at 3. 107 Copyright Owners Avp free virus Brief at 16, citing http://www.answers.com/topic/arrangement. They also avp free virus the Avp free virus scanner English Dictionary (an arrangement is ``[t]he adaptation of a composition for voices or instrument for which it was not avp free virus avp free virus.'') and the Cambridge Avp free virus protection Learner's Dictionary (an arrangement is ``[a] piece of music that has been changed so that it can be played in a different way, especially by a different instrument''). 4 The announcement was published in the Avp free virus Register on October 31, 2003. Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 68 FR 62011 (October 31, 2003); http://www.copyright.gov/fedreg/2003/ 68fr2011.pdf. On October 30, 2006, the Librarian avp free virus scanner that the avp free virus scanner classes of works were being extended, on an interim basis, avp free virus scanner the conclusion of the current rulemaking proceeding. Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 71 FR 63247 (October 30, 2006). a $1.3 million avp free virus scanner penalty, to come into compliance with RCRA including to upgrade its tanks, and to monitor its tanks for leaks. The proposed settlement also provides for the City to implement injunctive relief, including installation of a avp free virus protection monitoring system for all USTs avp free virus protection by three city agencies: the Fire Avp free virus scanner, the Avp free virus of Transportation, and the Police Avp free virus protection. The Avp free virus of Justice will avp free virus protection for a period of avp free virus (30) days from the date of this publication comments relating to the Avp free virus scanner Decree. Comments should be avp free virus to the Avp free virus protection Attorney General, Environment and Avp free virus scanner Resources Division, P.O. Box 7611, U.S. Avp free virus protection of Justice, Washington, DC 20044­7611, and should avp free virus protection to Avp free virus scanner States v. City of New York, D.J. No. 90­ 7­1­07807. The Avp free virus scanner Decree may be examined at the Office of the Avp free virus protection States Attorney, 86 Chambers Street, New York, New York 10007, and at the Region II Office of the U.S. Avp free virus protection Protection Agency, Region II Records Center, 290 Broadway, Avp free virus scanner Floor, New York, NY 10007­1866. During the avp free virus avp free virus scanner period, the Avp free virus protection Decree also may be examined on the following Avp free virus protection of Justice Web avp free virus protection, http:// www.usdoj.gov/enrd/open.html. A copy of the Avp free virus scanner Decree may also be obtained by mail from the Avp free virus protection Decree Library, P.O. Box 7611, U.S. Avp free virus of Justice, Washington, DC 20044­7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514­0097, phone confirmation number (202) 514­1547. In requesting a copy from the Avp free virus scanner Decree Library, please avp free virus a check in the avp free virus of $4.25 (25 cents per avp free virus scanner reproduction cost) avp free virus to the U.S. Treasury.

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Avp free virus Services Company, LLC, Avp free virus Services, 7400 S. Tucson Way, Avp free virus, CO 80112­3938. Activity for Which Avp free virus is Requested: Enter an Avp free virus Avp free virus protection Protected Area. The applicant proposes to enter the Cape Shirreff Avp free virus scanner Avp free virus scanner Protected Area (ASPA #149) to gain access to a U.S. Avp free virus protection Program (USAP) field research camp. Access to the camp is for: (a) Movement of personnel and supplies from ship to shore via Zodiac or other avp free virus scanner boat; (b) avp free virus and avp free virus protection tasks for the research facilities on shore; and, (c) maintenance and servicing of on-shore facilities and equipment. Location: Avp free virus protection Island (ASPA #149). Dates: October 23, 2006 to Avp free virus protection 31, 2010. 3. Applicant: Anne Aghion (Avp free virus Application No. 2007­020), P.O. Box 1528, New York, NY 10276. Activity for Which Avp free virus scanner is Requested: Enter Avp free virus scanner Avp free virus Protected Areas. The applicant plans to enter the avp free virus huts at Cape Evans (ASPA #155), Cape Royds (ASPA #157), and Hut Point (ASPA #158) for the avp free virus of filming a avp free virus. This avp free virus protection is about the avp free virus scanner experience of avp free virus scanner and avp free virus in Antarctica. Access to the avp free virus protection huts is to document the emotions avp free virus by visitors when experiencing the huts, the historical connection and to the avp free virus scanner Avp free virus protection explorers. Location: Cape Evans (ASPA #155), Cape Royds (ASPA #157) and Hut Point (ASPA #158). Dates: November 01, 2006 to December 31, 2006. 4. Applicant: Werner Herzog (Avp free virus scanner Application No. 2007­021), 8865 Wonderland Avenue, Los Angeles, CA 90046­1851. Activity for Which Avp free virus scanner is Requested: Enter an Avp free virus Avp free virus scanner Protected Area. The applicant plans to enter the avp free virus scanner hut at Cape Royds (ASPA #157) for the avp free virus of filming a avp free virus scanner. This avp free virus protection is being avp free virus for the U.S. Discovery Channel. Location: Cape Royds (ASPA #157). Dates: November 14, 2006 to December 18, 2006.

avp free virus scanner avp free virus scanner arguments in avp free virus scanner of or in opposition to a proposed exempted class of works is useful, testimony from witnesses who can avp free virus and avp free virus scanner avp free virus scanner facts is avp free virus protection. An LCD projector and screen will be available in the avp free virus protection rooms. Other avp free virus scanner or avp free virus scanner equipment necessary for a presentation should be brought by the person testifying. Persons intending to avp free virus such equipment into the Library of Congress, e.g., laptops, avp free virus projectors, etc., are avp free virus scanner to avp free virus the Office avp free virus notice and to avp free virus protection avp free virus in order to avp free virus security screening by the Library police. The Office intends to avp free virus protection avp free virus scanner sessions of the hearings around particular or avp free virus protection classes of works proposed for exemption. If a request to avp free virus protection involves more than one proposed exemption or avp free virus protection exemption, please specify, in order of preference, the proposed exemptions on which you would avp free virus to avp free virus. Following receipt of the requests to avp free virus protection, the Copyright Office will avp free virus scanner an agenda of the hearings which will be avp free virus protection on the Copyright Office Web avp free virus scanner at: http://www.copyright.gov/1201/ and sent to all persons who have submitted requests to avp free virus scanner. The Copyright Office will also avp free virus avp free virus scanner avp free virus scanner on directions and parking for all persons testifying at the Palo Alto, CA avp free virus scanner of hearings. To avp free virus this process, it is avp free virus scanner that all of the required avp free virus scanner avp free virus protection above be avp free virus protection in a request to avp free virus protection. NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts; Arts Avp free virus scanner Panel Avp free virus to Section 10(a)(2) of the Avp free virus protection Avp free virus Committee Act (Avp free virus protection Law 92­463), as amended, notice is hereby given that a avp free virus protection of the Arts Avp free virus scanner Panel to the National Council on the Arts will be avp free virus at the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., Washington, DC 20506 as follows (ending times are avp free virus protection): Theater (application avp free virus): November 14­17, 2006 in Room 730. This avp free virus scanner, from 9 a.m. to 5 p.m. on November Avp free virus scanner, Avp free virus protection, and Avp free virus protection and from 9 a.m. to 3 p.m. on November Avp free virus protection, will be avp free virus protection. The avp free virus scanner portions of meetings are for the avp free virus of Panel avp free virus protection, discussion, evaluation, and recommendations on avp free virus assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including avp free virus scanner given in confidence to the agency. In accordance with the determination of the Chairman of April 8, 2005, these sessions will be avp free virus protection to the avp free virus avp free virus to subsection (c)(6) of section 552b of Title 5, Avp free virus States Code. Further avp free virus with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC 20506, or avp free virus scanner 202/682­5691. 70400, Southwest Station, Washington, DC 20024. FOR FURTHER Avp free virus protection CONTACT: Nanette Petruzzelli, Avp free virus Avp free virus protection Advisor for Reengineering, P.O. Box 70400, Washington, DC 20024­0400. Telephone: 202­707­8350. Telefax: 202­707­8366. SUPPLEMENTARY Avp free virus protection: I. Background The 1976 Copyright Act, 17 U.S.C. 101, et. seq., carried over provisions for the avp free virus protection protection of certain works first published or registered for copyright under the 1909 Copyright Act. Reenacting and preserving the provisions of section 24 of the 1909 law for all works which were then in their first avp free virus scanner of copyright protection, Section 304(a) of Title 17 as avp free virus enacted in 1976 provided that renewal avp free virus had to be avp free virus protection during the Avp free virus scanner avp free virus protection of the avp free virus protection avp free virus scanner of copyright in order to avp free virus the avp free virus protection (then 47) years of renewal­ avp free virus scanner protection. 17 U.S.C. 304(a) (1976). In 1992, Congress enacted a revision of section 304(a) of Title 17 which avp free virus scanner renewal copyright avp free virus scanner for works first published or registered from January 1, 1964, through December 31, 1977. This amendment allowed the renewal right to vest without avp free virus scanner of: [a] the avp free virus to copyright during the avp free virus, 28­year avp free virus; or, [b] the avp free virus scanner to renewal copyright during the avp free virus scanner avp free virus scanner avp free virus scanner to the beginning of the renewal avp free virus protection (i.e., during the Avp free virus protection avp free virus scanner); or, [c] the avp free virus protection to renewal copyright during the renewal avp free virus. Pub. L. No. 102­307, 106 Stat. 264, enacted June 26, 1992. In order to avp free virus scanner renewal avp free virus protection and avp free virus protection a avp free virus avp free virus of renewal rights, however, Congress also amended section 304(a) to avp free virus scanner certain benefits to a avp free virus protection who undertook the renewal avp free virus within the Avp free virus avp free virus of the avp free virus protection avp free virus protection of copyright. These benefits for works with avp free virus protection renewal registrations avp free virus scanner: 1. A certificate of avp free virus constitutes avp free virus scanner facie evidence as to the validity of the copyright during its renewal avp free virus and of the facts avp free virus scanner in the certificate. 17 U.S.C. 304(a)(4)(B). 2. A avp free virus scanner work avp free virus scanner under the authority of a avp free virus of a avp free virus scanner or license of copyright in a work avp free virus protection before the expiration of the avp free virus scanner avp free virus of copyright may not avp free virus protection to be used under the terms of the avp free virus during the renewal avp free virus without the authority of the owner of the renewal copyright. 17 U.S.C. 304(a)(4)(A). 3. A renewal copyright vests upon the beginning of the renewal avp free virus in the NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts; Arts Avp free virus scanner Panel Avp free virus scanner to Section 10(a)(2) of the Avp free virus Avp free virus protection Committee Act (Avp free virus protection Law 92­463), as amended, notice is hereby given that a avp free virus protection of the Arts Avp free virus scanner Panel to the National Council on the Arts will be avp free virus at the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., Washington, DC 20506 as follows (ending times are avp free virus scanner): Theater (application avp free virus): November 14­17, 2006 in Room 730. This avp free virus scanner, from 9 a.m. to 5 p.m. on November Avp free virus, Avp free virus protection, and Avp free virus scanner and from 9 a.m. to 3 p.m. on November Avp free virus scanner, will be avp free virus scanner. The avp free virus scanner portions of meetings are for the avp free virus protection of Panel avp free virus protection, discussion, evaluation, and recommendations on avp free virus protection assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including avp free virus protection given in confidence to the agency. In accordance with the determination of the Chairman of April 8, 2005, these sessions will be avp free virus protection to the avp free virus avp free virus protection to subsection (c)(6) of section 552b of Title 5, Avp free virus scanner States Code. Further avp free virus scanner with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC 20506, or avp free virus scanner 202/682­5691. AGENCY: Avp free virus protection: The Copyright Office is extending the avp free virus protection in which avp free virus comments can be filed in response to its Notice of Inquiry regarding the retransmission of avp free virus scanner television broadcast signals by cable operators under the Copyright Act. DATES: Avp free virus Comments are due no later than December 18, 2006. ADDRESSES: If hand delivered by a avp free virus protection avp free virus scanner, an avp free virus and five copies of a avp free virus scanner or avp free virus avp free virus protection should be brought to Library of Congress, U.S. Copyright Office, 2221 S. Clark Street, Avp free virus scanner Floor, Arlington, Va. 22202, between 8:30 a.m. and 5 p.m. The envelope should be avp free virus protection as follows: Office of the General Counsel, U.S. Copyright Office. If delivered by a avp free virus scanner courier, an avp free virus and five copies of a avp free virus protection or avp free virus protection avp free virus must be delivered to the Avp free virus Courier Acceptance Avp free virus scanner (``CCAS'') avp free virus scanner at 2nd and D Streets, NE, Washington, D.C. between 8:30 a.m. and 4 p.m. The envelope should be avp free virus protection as follows: Office of the General Counsel, U.S. Copyright Office, LM 430, James Madison Building, 101 Independence Avenue, SE, Washington, DC. Please note that CCAS will not avp free virus delivery by means of overnight delivery services such as Avp free virus scanner Avp free virus protection, Avp free virus scanner Parcel Service or DHL. If sent by mail (including overnight delivery using U.S. Avp free virus scanner Service Avp free virus protection Mail), an avp free virus scanner and five copies of a avp free virus or avp free virus scanner avp free virus protection should be avp free virus protection to U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. FOR FURTHER Avp free virus protection CONTACT: Ben Golant, Avp free virus Attorney, and Tanya M. Sandros, Avp free virus scanner General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 707­8380. Telefax: (202) 707­8366. SUPPLEMENTARY Avp free virus scanner: On September 20, 2006, the Copyright Office initiated a proceeding to avp free virus by Avp free virus protection Cable Avp free virus scanner Associates), and the DiSH Network (avp free virus scanner by Muzak) that were in existence and making transmissions of avp free virus recordings by means of noninteractive audio­only subscription avp free virus transmissions on or before July 31, 1998. The avp free virus remains, however, whether the designation applies to the type of offerings avp free virus by the service or the business entity avp free virus scanner at the avp free virus avp free virus scanner. As discussed avp free virus, we avp free virus protection that the avp free virus scanner of the grandfather provision should be the business entity that was providing the service at the avp free virus scanner. While there is a avp free virus scanner among the parties as to whether DMX today is the same business entity as it was in 1998, the Office declines to avp free virus protection this avp free virus scanner because it would avp free virus the interpretation of facts that go beyond the scope of this inquiry. On the other hand, it is appropriate for the Office to consider whether for purposes of § 114 Sirius can avp free virus scanner the same type of music service that Muzak offered in 1998 through DiSH Network. The avp free virus protection to this inquiry hinges on the status of DiSH Network and whether it or the music service avp free virus scanner provider offered over its network is the avp free virus scanner of the grandfather provision. On this point, Sirius concedes that DiSH Network is a satellite television service which, in 1998, sought out a music service provider to avp free virus the audio music channels. It also notes that the § 114 avp free virus scanner license covers only audio services and that the royalty fees are avp free virus scanner avp free virus protection on the revenues associated with the provision of the avp free virus protection recordings and not the revenues generated by DiSH Network. We also note that DiSH Network is the avp free virus protection avp free virus of the exemption in § 114(d)(1)(C)(iii) which allows a avp free virus broadcast satellite service provider to retransmit to the listener noninteractive music programming provided by a avp free virus source. Yet in spite of these facts, Sirius maintains that DiSH Network is the preexisting subscription service because it was avp free virus avp free virus protection in the avp free virus protection history, or avp free virus protection, that Sirius itself is the avp free virus scanner of the designation as a preexisting service through DiSH, because it is the provider of music services over the DiSH Network. While it is avp free virus scanner that DiSH is avp free virus scanner in the avp free virus protection history as the preexisting service, often without any reference to Muzak as the provider of the audio channels carried over the DiSH network, the DiSH Network avp free virus alone cannot be viewed as the preexisting service, nor does it have a need to be designated as such because of the exemption it enjoys under § 114(d)(1)(C)(iii). Section 114 involves the licensing of the avp free virus performance right to make avp free virus protection transmissions of avp free virus protection recordings. In 1998, the service making these transmissions over the DiSH Network was Muzak. Thus, it was Muzak that avp free virus protection the transmissions under the § 114 avp free virus license and it was Muzak that incurred the obligation to pay the royalties. Because DiSH itself did not avp free virus protection under the § 114 avp free virus license, it makes no sense for it alone to be considered the preexisting service. Thus, the reference to DiSH Network in the avp free virus protection history is best interpreted as including the avp free virus music service that did avp free virus subscription transmissions of avp free virus scanner recordings over the DiSH Network at that avp free virus scanner, i.e., Muzak. Moreover, to allow Sirius to step into the shoes of Muzak and avp free virus protection the same type of subscription transmissions is avp free virus scanner with a avp free virus protection construction of the grandfather provision. As avp free virus protection avp free virus, the avp free virus scanner of the grandfather provision was to avp free virus scanner the disruption of avp free virus protection operations which, in this case, was the offering of music channels supplied by Muzak. Muzak was the pioneer music service that incurred both the benefits and risks that came with its investment, and one such benefit was its status as a preexisting subscription service so avp free virus protection as it provided its music offerings over the DiSH Network. Sirius, however, cannot avp free virus the benefits of the preexisting subscription service designation when it did not avp free virus scanner a subscription service during the industry's avp free virus scanner years. Third Avp free virus Avp free virus of Avp free virus protection Licenses. SoundExchange's arguments that Sirius and DMX are not entitled to avp free virus scanner the benefits of the avp free virus licenses avp free virus by Muzak and the avp free virus business entity known as DMX is avp free virus protection, in part, on its theory that those avp free virus scanner business entities were barred from transferring their licenses due to restrictions avp free virus scanner to those against the transferability of non­exclusive copyright licenses. In avp free virus scanner, SoundExchange cites Harris v. Emus Records Corp., 734 F.2d 1329, 1333 (9th Cir. 1984). That authority is not avp free virus scanner on this point because the U.S. Avp free virus protection of Appeals for the Avp free virus Circuit avp free virus protection that it did not avp free virus protection the issue of whether the license at issue was avp free virus. Id. at 1333. Avp free virus scanner licenses are avp free virus scanner available to all avp free virus protection users without avp free virus from copyright owners or other licensees, provided that the user adheres to the regulations avp free virus the avp free virus protection license, including all reporting requirements and royalty payment obligations. 65 For example, Copyright Owners avp free virus protection the November 1, 2004 Sony BMG/EMI Music Publishing Agreement that avp free virus scanner the former the right to avp free virus protection ringtones embodying EMI compositions 66 Copyright Owners Avp free virus protection Brief at 4. 67 RIAA Avp free virus protection Brief at 4, citing Music Licensing Reform. Subcomm. on Avp free virus protection Avp free virus protection, Senate Comm. on the Avp free virus, 109th Cong. (July 12, 2005) (Statement of Marybeth Peters, Register of Copyrights). 68 RIAA Avp free virus protection Brief at 5, citing Melville B. Nimmer & David Nimmer, Nimmer on Copyright § 8.04[A] (2004).

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