[Federal Register: May 18, 1999 (Volume 64, Number 95)]
[Notices]
[Page 27012-27013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my99-111]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 97-1 CARP SD 92-95]
Distribution of 1992, 1993, 1994, and 1995 Satellite Royalty
Funds
AGENCY: Copyright Office, Library of Congress.
ACTION: Initiation of arbitration.
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SUMMARY: The Librarian of Congress is announcing initiation of the 180-
day arbitration period for the proceeding to distribute the 1992-95
satellite carrier compulsory license royalties.
DATE: Effective May 18, 1999.
ADDRESSES: All hearings and meetings for the 1992-95 satellite
distribution proceeding shall take place in the James Madison Memorial
Building, Room LM-414, First and Independence Avenue, S.E., Washington,
D.C. 20540.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
William J. Roberts, Jr., Senior Attorney, P.O. Box 70977, Southwest
Station, Washington, D.C. 20024. Telephone: (202) 707-8380. Telefax:
(202) 252-3423.
SUPPLEMENTARY INFORMATION:
I. Background
Section 251.72 of 37 CFR provides:
If the Librarian determines that a controversy exists among the
claimants to either cable, satellite carrier, or digital audio
recording devices and media royalties, the Librarian shall publish
in the Federal Register a declaration of controversy along with a
notice of an initiation of an arbitration proceeding. Such notice
shall, to the extent feasible, describe the nature, general
structure and schedule of the proceeding.
The notice published today fulfills the requirements of Sec. 251.72 for
the distribution of satellite carrier compulsory license royalties for
the years 1992-95.
On January 31, 1997, the Copyright Office published a notice in the
Federal Register requesting comment as to the existence of Phase I and/
or Phase II controversies concerning the distribution of the 1992,
1993, 1994, and 1995 satellite royalty fees, and in the event that a
controversy exists, whether to consolidate the determination of the
distribution of the 1992-95 royalty fees into a single proceeding, or
to conduct multiple proceedings. 62 FR 4814 (January 31, 1997). The
notice also requested that each interested party file a Notice of
Intent to Participate, indicating the level of participation for each
year, i.e., Phase I, Phase II, or both, with the Office. In response to
this notice, the following parties identified the existence of
controversies for distribution of the 1992-95 funds: James Cannings;
<SUP>1</SUP> the American Society of Composers, Authors and Publishers
(ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc. (collectively the
Music Claimants); Program Suppliers; CBS, Inc.; ABC, Inc.; Public
Television Claimants; Devotional Claimants; Home Shopping Network;
Multimedia Entertainment, Inc.; National Broadcasting Company, Inc.;
Joint Sports Claimants; and Broadcaster Claimants. All but one party
favored consolidating the 1992-95 satellite funds into a single
distribution proceeding.
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\1\ Mr. Cannings identified only a Phase II controversy.
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On June 4, 1997, the Office issued an Order consolidating the
determination of the distribution of the 1992-95 satellite royalty fees
into a single proceeding and announcing the precontroversy discovery
schedule for a Phase I proceeding. See Order in Docket No. 97-1 CARP SD
92-95 (June 4, 1997). The June 4, 1997, Order set September 8, 1997, as
the beginning of the 45-day precontroversy discovery period, with the
initiation of the arbitration set for December 1, 1997. This schedule,
however, proved unworkable, so at the request of the parties, the
Copyright Office rescheduled the start of the 45-day precontroversy
discovery period.
[[Page 27013]]
See Order in Docket No. 97-1 CARP SD 92-95 (August 20, 1997). In fact,
the Office reset the schedule three times before establishing a
schedule which met the needs of all the parties. See also Orders in
Docket No. 97-1 CARP SD 92-95 (January 15, 1998, July 20, 1998, and
October 15, 1998).
During this time, the parties continued to negotiate among
themselves. As a result, all of the Phase I parties, with the exception
of Joint Sports Claimants and Program Suppliers, settled their Phase I
claims for 15.5% of the total aggregate amount of the satellite royalty
fees for the years 1992-95. See Order in Docket No. 97-1 CARP SD 92-95
(December 21, 1998). Thus, the only parties who will appear before the
CARP in the current Phase I proceeding are the Joint Sports Claimants
and the Program Suppliers. The 45-day precontroversy discovery period
for these parties began on January 8, 1999, and proceeded according to
the schedule announced in the October 15, 1998, Order. However, the
April 5 initiation date set in that schedule has been rescheduled for
May 18, 1999, in order to accommodate conflicts in both the
arbitrators' and the parties' schedules.
II. Initiation of Proceeding
Pursuant to Sec. 251.72 of 37 CFR, the Copyright Office of the
Library of Congress is formally announcing the existence of Phase I
controversies to the distribution of satellite carrier compulsory
license royalties for 1992, 1993, 1994 and 1995, and is initiating an
arbitration proceeding under chapter 8 of title 17 of the United States
Code to resolve the distribution of those funds. The arbitration
proceeding commences on May 18, 1999, and runs for a period of 180
days. The arbitrators shall file their written report with the
Librarian of Congress by November 15, 1999, in accordance with
Sec. 251.53 of 37 CFR.
On April 20, 1999, the parties to this proceeding met with the
arbitrators for the purpose of setting a schedule for this proceeding.
The Office announced the schedule and the arbitrators for the
proceeding on May 11, 1999. See 64 FR 25374 (May 11, 1999). Copies of
the hearing schedule are available at the Copyright Office upon
request.
Dated: May 13, 1999.
David O. Carson,
General Counsel.
[FR Doc. 99-12480 Filed 5-17-99; 8:45 am]
BILLING CODE 1410-33-P