[Federal Register: May 11, 1999 (Volume 64, Number 90)]
[Notices]
[Page 25374-25375]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my99-101]
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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: Announcement of the schedule for the proceeding.
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SUMMARY: The Librarian of Congress is announcing the schedule for the
180-day arbitration period for the distribution of the 1992-95
satellite carrier compulsory license royalty fees.
EFFECTIVE DATE: May 11, 1999.
ADDRESSES: All hearings and meetings for the 1992-95 satellite
distribution proceeding shall take place at the Library of Congress,
James Madison Memorial Building, Room LM-414, First and Independence
Avenue, SE., Washington, DC. 20540.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
William J. Roberts, Jr., Senior Attorney, PO Box 70977, Southwest
Station, Washington, DC 20024. Telephone: (202) 707-8380. Telefax:
(202) 252-3423.
SUPPLEMENTARY INFORMATION:
Background
Section 251.11(b) of 37 CFR provides:
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 Sec. 251.11(b) for Phase I of
the proceeding to determine the distribution of satellite carrier
compulsory license royalty fees 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. 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 1992-1995. See Order in Docket No. 97-1 CARP SD 92-
95 (December 21, 1998).
[[Page 25375]]
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. The Office will publish the initiation of the
arbitration in the Federal Register on May 18, 1999.
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 John W. Cooley (Chairperson)
The Honorable Jeffrey Gulin
The Honorable Curtis E. von Kann.
Schedule for the Proceeding
On April 20, 1999, the parties to this proceeding met with the
arbitrators for the purpose of setting a schedule for this proceeding.
At that meeting, the parties and the arbitrators agreed to the
following schedule:
Presentation of Direct Cases:
Opening statement: Joint Sports May 18, 1999.
Claimants (JSC).
Testimony for JSC <SUP>2</SUP>:
Witnesses: (week 1)
Paul Beeston, Paul May 18-22, 1999.
Bortz, James Trautman,
Gilbert Korta, Kimberly
Gordon.
Witnesses: (week 2)
Glen Friedman, Jeffrey June 1-5, 1999.
Treeman, Jody Kaveney,
Scott Shultz, John
Hartman, Edwin Desser.
Opening Statement: Program Suppliers June 7, 1999.
Testimony for Program Suppliers:
Marsha Kessler.............. June 7, 1999.
Marsha Kessler, Sandra Pope. June 9, 1999.
Linda McLaughlin............ June 14, 1999.
Alan Wurtzel, Leonard June 15, 1999.
Kalcheim.
Paul Lindstrom.............. June 16, 1999.
James Von Schilling......... June 17, 1999.
Additional Hearing Days (if June 22-25, 1999.
necessary).
Filing Deadline for Written Rebuttal June 28, 1999.
Cases.
Presentation of Rebuttal Cases...... July 26-27, 1999; August 11-20,
1999.
Filing Deadline for Proposed September 13, 1999.
Findings of Fact and Conclusions of
Law.
Filing Deadline for Reply Findings September 27, 1999.
of Fact and Conclusions of Law.
Closing Arguments................... October 14, 1999.
Closing of the 180-day period....... November 15, 1999.
\2\ JSC did not designate specific dates for the presentation of
testimony by its witnesses.
All hearings will begin at 9:30 a.m. and end at 4:30 p.m.
At this time, the parties have not moved to close any portion of
the proceeding to the public. Further refinements to the schedule will
be announced in open meetings and issued as orders to the parties
participating in the proceeding. All changes will be noted in the
docket file of the proceeding, as required by the Copyright Office
regulations governing the administration of CARP proceedings. 37 CFR
251.11(c).
Dated: May 6, 1999.
David O. Carson,
General Counsel.
[FR Doc. 99-11884 Filed 5-10-99; 9:47 am]
BILLING CODE 1410-33-P