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2020 Minimum Fee Form
Statement of Account
Noncommercial Educational
I. ELIGIBILITY FOR NONCOMMERCIAL EDUCATIONAL WEBCASTER RATES AND TERMS
To be eligible for the Noncommercial Educational Webcaster Rates and Terms, a service must be a Noncommercial Webcaster
(generally, a service that has received (or applied for) tax-exempt status under section 501 of the Internal Revenue Code or is
operated by a governmental entity for public purposes) that is operated by (or affiliated with and sanctioned by) a domestically
accredited educational institution, and the service’s webcasting operations must be staffed substantially by students enrolled at
the educational institution. In addition, the service must take affirmative steps not to make total transmissions in excess of
159,140 Aggregate Tuning Hours on any individual channel or station in any month, if it has made total transmissions in excess
of 159,140 Aggregate Tuning Hours on any individual channel or station in more than one month of the previous calendar year.
If the service has exceeded 159,140 Aggregate Tuning Hours in more than one month in the previous calendar year, the service
music contact licenseerelations@soundexchange.com for information on how to proceed .
II. REPORTING OPTIONS
For each year, Noncommercial Educational Webcasters must choose between one of the three options below for providing
Reports of Use to SoundExchange:
1.
Reporting waiver: This option is available for services which (a) did not exceed listenership of 80,000 aggregate tuning
hours (“ATH”) for more than one month on any single station or channel during the preceding calendar year, and (b) do
not reasonably expect to exceed listenership of 80,000 ATH in any month on any single station or channel for the
applicable calendar year. (If the service is operating multiple stations or channels, only one waiver is required. A single
$100 fee per year covers the reporting waiver for all stations/channels.) Note: If the service unexpectedly exceeded
80,000 ATH on any single station or channel during more than one month within the previous calendar year, it may still
elect the reporting waiver option for the applicable calendar year, provided it implements measures reasonably
calculated to ensure that it does not make Eligible Transmissions exceeding 80,000 ATH per station or channel for any
month within the applicable calendar year and contacts Licensee Relations immediately to confirm such
implementation.
2. Sample-based reporting: This option is available for services which (a) did not exceed listenership of 159,140 aggregate
tuning hours (“ATH”) for more than one month on any single station or channel during the preceding calendar year,
and (b) do not reasonably expect to exceed listenership of 159,140 ATH in any month on any single station or channel
for the applicable year. The service will submit four quarterly Reports of Use on an annual basis (each due January 31
of the subsequent year). Each quarterly Report of Use must identify all sound recordings transmitted under statutory
licensing which generated performances during any two weeks within that quarter. (Please see 37 CFR 370.4 for more
information on format and delivery specifications.) NOTE: In lieu of providing actual total performances per track or
total ATH for the two weeks surveyed, services may submit station/channel name and play frequency (i.e. “spins”) per
track. Services are encouraged to provide actual total performance or total ATH, if possible.
3. Census-based reporting: The service will submit three monthly Reports of Use on a quarterly basis (due within 45 days
after the end of each calendar quarter), each containing the complete listing of each sound recording transmitted
under statutory licensing which generated performances during each month within the quarter. (Please see 37 CFR
370.4 for more information on format and delivery specifications.) NOTE: For the first calendar year that a service
submits census-based reporting the service may submit station/channel name and play frequency (i.e. “spins”) per
track instead of actual total performances per track or aggregate tuning hours. After that first year of census-based
reporting, all Reports of Use for subsequent years must contain either aggregate tuning hours or actual total
performances per track.