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SMBRD – What do I do each month
These forms are for services that are (1) defined as “Small Broadcasters” under the Broadcaster Rates and Terms pursuant to the Webcaster Settlement Act in accordance with 74 Fed. Reg. 9,293 (Mar. 3, 2009), beginning on page 9,299, or (2) defined as “Small Broadcasters” in 37 CFR 380 Subpart B. (See our website summary of the 2011-2015 rates and terms.)
(Broadcasters who are not Small Broadcasters should visit the Broadcaster category instead.)
In order to be eligible for the Small Broadcaster reporting waiver, a licensee must have timely submitted a 2012 Notice of Election for Small Broadcasters and a $100 reporting waiver per station or channel. The threshold for the reporting waiver is 27,777 ATH annually, or approximately 7 listeners for 10 hours each day.
2012 RATE: $500 annual minimum fee (per station/channel), recoupable toward monthly liability of $0.0020 per performance (per play, per listener; definition at 37 CFR 380.11).
(Click here for more info on rates.)
•SMALL BROADCASTER (CRB-WSA) MINIMUM FEE STATEMENT OF ACCOUNT FORM: (Excel) NOTE: If a licensee’s first transmissions are on or after February 1, 2011, please use instead the 2012 monthly liability form to submit the minimum fee. (This includes any additional stations/channels on or after 2/1.)
•SMALL BROADCASTER MONTHLY LIABILITY SOA FORM: (Excel)
These forms are due within 45 days of the end of each month, even if a service does not owe a payment for that month.
•2012 SMALL BROADCASTER (CRB-WSA) NOTICE OF ELECTION FORM (PDF)
In order to operate as a Small Broadcaster in 2012, a Licensee must have submitted a fully completed and signed copy of this Notice of Election (1) within 30 days of when the Licensee began making digital audio transmissions, or (2) by January 31, 2012, whichever date is later. All applicable reporting waivers must accompany the Notice of Election.
REPORTS OF USE: Small Broadcasters may waive reports of use requirements by timely submitting a $100 fee per station/channel and a Notice of Election.
NOTICE OF USE: As a reminder, all services operating under statutory licensing must file a Notice of Use form with the Copyright Royalty Board before beginning operation (this only needs to be done once, if beginning on or after July 2004). If you have not already done so, or need to amend a previous submission, please send a check or money order for $25 along with this form to the Copyright Royalty board directly.
SO… TO REVIEW:
(1) Make sure that you have submitted the Notice of Use (plus $25, if filing new) to the Copyright Royalty Board. (This is not annual; it is only required once.)
(2) Send (a) the reporting waiver of $100 (per station/channel), and (b) the annual minimum fee of $500 (per station/channel) or $50,000 (whichever is less), prior to Janaury 31, 2012 (or, if starting on or after 2/1, with your first month’s statement of account form; see (3) below…). Do not forget to sign, complete and submit the statement of account.
(3) Send SoundExchange a signed and completed statement of account each month (within 45 days of the end of the month), accompanied by a payment if the form indicates one is owed. (If no payment is owed, a signed copy of the complete form may be e-mailed to royaltyadministration@soundexchange.com.) NOTE: Small Broadcasters must submit monthly statements of account, even if they pay the reporting waiver and do not submit reports of use.
Questions? l&e@soundexchange.com
