[Federal Register: April 11, 2003 (Volume 68, Number 70)]
[Notices]
[Page 17838-17839]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap03-102]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2001-8 CARP CD 98-99]
Distribution of 1998 and 1999 Cable Royalty Fund
AGENCY: Copyright Office, Library of Congress.
ACTION: Initiation of arbitration and announcement of schedule.
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SUMMARY: The Copyright Office of the Library of Congress is announcing
the initiation of and schedule for the 180-day arbitration period for
the Phase I distribution of royalties collected under the cable
statutory license of the Copyright Act for the 1998 and 1999 calendar
years.
EFFECTIVE DATE: April 11, 2003.
ADDRESSES: All hearings and meetings for the proceeding to distribute
section 111 royalties shall take place in the James Madison Memorial
Building, Room LM-414, First and Independence Avenues, SE., Washington,
DC 20540.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Susan N. Grimes, CARP Specialist, P.O. Box 70977, Southwest Station,
Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 252-
3423.
SUPPLEMENTARY INFORMATION
Background
This notice fulfills the requirement of 37 CFR 251.72 and 17 U.S.C.
111(d)(4)(B). Section 251.72 of the CARP rules provides that:
If the Librarian determines that a controversy exists among
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 initiation of an arbitration proceeding. Such notice
shall, to the extent feasible, describe the nature, general
structure and schedule of the proceeding.
37 CFR 251.72.
Each year cable systems submit royalties to the Copyright Office
for the retransmission to their subscribers of over-the-air broadcast
signals. These royalties are, in turn, distributed in one of two ways
to copyright owners whose works were included in a retransmission of an
over-the-air broadcast signal and who timely filed a claim for
royalties with the Copyright Office. The copyright owners may either
negotiate the terms of a settlement as to the division of the royalty
funds, or the Librarian of Congress may convene a Copyright Arbitration
Royalty Panel (CARP) to determine the distribution of the royalty fees
that remain in controversy. 17 U.S.C. 111(d)(4)(B).
On September 6, 2000, the Library of Congress published a notice in
the Federal Register seeking comment as to the existence of
controversies for the distribution of the 1998 cable royalties. 65 FR
54077 (September 6, 2000). The parties to the distribution reported
both Phase I and Phase II controversies and filed their Notices of
Intent to Participate. On October 2, 2001, the Library published a
Notice in the Federal Register seeking comments as to the existence of
controversies for the distribution of 1999 cable royalties. 66 FR 50219
(October 2, 2001). The parties to this distribution reported Phase I
and Phase II controversies as well and filed their Notices of Intent to
Participate. By Order dated February 20, 2002, the Library consolidated
the distribution of the 1998 and 1999 cable royalties into a single
proceeding before a single CARP. Order in Docket No. 2001-8 CARP CD 98-
99 (February 20, 2002).
Of the eight parties that filed Notices of Intent to Participate in
this consolidated Phase I distribution proceeding, two parties,
National Public Radio and the Devotional Claimants Group, have settled.
The parties that remain are the Joint Sports Claimants, the Music
Claimants, the Program Suppliers, the Canadian Claimants, the National
Association of Broadcasters on behalf of commercial broadcasters, and
the Public Television Claimants on behalf of noncommercial
broadcasters. These parties have filed their written direct cases
setting forth their requested distribution percentages, and the Library
has conducted discovery on the written direct cases under 37 CFR
251.45. The cases are now ready for proceeding before a CARP under
chapter 8 of the Copyright Act.
Selection of Arbitrators
In accordance with Sec. 251.6 of the CARP rules, the arbitrators
have been selected for this proceeding. They are:
The Honorable Michael Wolf (Chairperson)
The Honorable Jeffrey Gulin
The Honorable Michael Young
[[Page 17839]]
Initiation of the Proceeding
Pursuant to Sec. 251.72 of the CARP rules, the Librarian is
formally announcing the existence of a Phase I controversy as to the
distribution of the 1998 and 1999 cable royalty funds. Any Phase II
controversies will be resolved in a separate CARP proceeding.
This Phase I proceeding commences on April 24, 2003, and runs for a
period of 180 days. The arbitrators shall file their written report
with the Librarian on or before October 21, 2003, in accordance with
Sec. 251.53 of the CARP rules.
Schedule for the Proceeding
Section 251.11(b) of the CARP rules provides that:
At the beginning of each proceeding, the CARP shall develop the
original schedule of the proceeding which shall be published in the
Federal Register at least seven calendar days in advance of the
first meeting. Such announcement shall state the times, dates, and
place of the meetings, the testimony to be heard, whether any of the
meetings, or any portion of a meeting, is to be closed, and if so,
which ones, and the name and telephone number of the person to
contact for further information.
This notice fulfills the requirements of the rule.
The following is the schedule of the proceeding:
Opening Statements: April 24, 2003.
Presentation of the Direct Cases: April 24-June 11, 2003.
Witnesses for the Joint Sports Claimants:
April 24-25, 28-30, May 1, 2003: Paul Tagliabue, James Trautman,
Robert Crandall, Thomas Hazlett, Michael Eagan, Judith Allan, Allan
Selig, June Travis.
Witnesses for the National Association of Broadcasters:
May 6-9, 2003: Richard Ducey, Mark Fratrik, Marcellus Alexander,
Jr., Laurence DeFranco, Gregory Rosston.
Witnesses for Public Television Claimants:
May 13-15, 2003: John Wilson, John Fuller, Leland Johnson.
Witnesses for Music Claimants:
May 16, 19-21, 2003: Seth Saltzman, W.G. ``Snuffy'' Walden, Jeffrey
Lyons, Frank Krupit, Peter Boyle.
Witnesses for Canadian Claimants:
May 22-23, 28, 2003: Janice de Freitas, Andrea Wood, Lucy Medeiros,
David Bennett, Debra Ringold.
Witnesses for Program Suppliers:
June 2-5, 9-11, 2003: Jack Valenti, Babe Winkelman, Marsha Kessler,
Howard Green, Carl Carey, Jonda Martin, Paul Lindstrom, Paul Donato,
Arthur Gruen, Robert Thompson.
Filing of Written Rebuttal Testimony: June 20, 2003.
Hearings on Discovery Disputes: July 2, 2003.
Presentation of Rebuttal Cases: July 7-19, 2003 (includes
Saturdays).
Filing of Proposed Findings of Fact and Conclusions of Law: August 22,
2003.
Filing of Replies to Proposed Findings of Fact and Conclusions of Law:
September 12, 2003.
Oral Argument: TBA.
Close of 180-day period: October 21, 2003.
Hearings will begin at 10 a.m. on April 24, 2003. Thereafter, all
hearings will begin at 9 a.m. At this time, none of the parties have
moved for closed hearings. Further refinements to the schedule will be
announced in open meetings and issued as orders to the parties in the
proceeding. All changes will be noted in the docket file of the
proceeding and are open to public inspection.
Dated: April 7, 2003.
David O. Carson,
General Counsel.
[FR Doc. 03-8936 Filed 4-10-03; 8:45 am]
BILLING CODE 1410-33-P