The law requires rates to be based on the price that would be set by a marketplace of willing sellers and willing buyers. Much of the discussion centered around deciding issues like who would be the willing sellers. The Board decided that an individual record company was the basic unit of a "willing seller".
An issue that smaller webcasters raised was the desire to be assured that their fees would not exceed their revenue. The Board rejected this reasoning in their final decision because the ability of smaller stations to generate revenue from their operations has little or no bearing on the market value of the rights held by the copyright holders.
A coalition including National Public Radio and other webcasters joined together to request a rehearing on the increase in rates. On 16 April 2007, the CRB rejected the appeal on the grounds that no new evidence was introduced.
There is a minimum annual fee of $500 per channel or station, payable in advance, against the above per-play fees.
For example, under the 2007 rate, 100 unique listeners of a transmission of a sound recording will cost the transmitter eleven cents. The same 100 listeners previously cost a service a little over seven-and-a-half cents from 1998 through 2005. If a service plays an average of 15 songs an hour, and a listener listens for 9.1 hours a week (the average amount according to recent Bridge reports), the listener would cost the service $0.66 a month.
Annual fee $500 per channel or station, up to a total of 159,140 aggregate tuning hours ("ATH") per month. After this, the per-play rate for commercial webcasters applies. etc etc.
Federal Register: Copyright Royalty Board, Library of Congress Issues Notice of Proposed Rulemaking (Copyright Royalty Board, Library of Congress)
Dec 17, 2009; WASHINGTON, Dec. 17 -- Copyright Royalty Board, Library of Congress has issued a notice of proposed rulemaking called :...