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The Tribunal feels that the subpoena power is necessary to our hearing procedures. It should probably be included between Section 804 and 805, 17 USC. Possible draft language appears below:

Subpoena Power of the Tribunal

(a)

For the purposes of any proceeding conducted pursuant

to Section 801 of this Act, the Tribunal shall have the

power to require by subpoena the production of all books,

papers, schedules of charges, contracts, agreements, and

documents relating to any matter under investigation.

(b)

Motions to limit or quash any subpoena shall be filed

with the Tribunal within ten (10) days after service

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constitute trade secrets or privileged or confidential commercial or financial information.

(c)

The production of such documentary evidence may be
required from any place in the United States at any

designated place of hearing.

In the case of disobedience

to a subpoena, the Tribunal, or any party to a proceeding

before the Tribunal, may invoke the aid of any court

of the United States in requiring the production of

- documents under the provisions of this section.

(d)

Any of the district courts of the United States within

the jurisdiction of which such inquiry is carried on

may, in case of contumacy or refusal to obey a subpoena

issued to any party to a proceeding before the Tribunal,

issue an order requiring such party to produce such

documents, and any failure to obey such order of the

court may be punished by such court as a contempt

thereof.

to

The Chairman feels that the Licensing Division of the Copyright Office should be transferred to the Copyright Royalty Tribunal to facilitate the functioning of this office and minimize or eliminate questionable communications between the Copyright Office and the CRT. This is the opinion of the Chairman and does not reflect the views of the Tribunal. Commissioner Ray does not concur and will subsequently submit his comments on this issue. Possible draft language appears below.

Also note that changes in sections 111, 115, 116, 118 and 801 will be necessary to conform Title 17 to this amendment. See attached markup of relevant Title 17 provisions.

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Licensing Division shall perform all the functions assigned to it

under Sections 111, 115, 116, and 118 including:

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sonable operating costs pursuant to Sections 111 and 116, depositing the balance of the fees in an inter

est-bearing account with the Treasury of the United

States for later distribution to copyright owners by

the Tribunal;

(4)

recording the original notice of intention to obtain a

compulsory license for making and distributing phono-
records as required by Section 115;
assessing and collecting fees for the recordation of

(5)

51-527 0

85 - 6

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(b)

The Tribunal shall have the authority to adopt such regula

tions as necessary to carry out the functions of the Licens

ing Division, including the imposition of reasonable surcharges or interest on those persons who fail to deposit timely, or accurately the royalty fees required by Sections

111 and 116.

(c)

Consultation between the CRT, and the Copyright Office,

shall be limited to that consultation which is authorized by statute. Minutes or other written record of such consulta

tion shall be readily available to the public and interested

parties during business hours.

PUBLIC LAW 94–553OCT. 19, 1976

90 STAT. 2553

Tribunal

(d) COMPULSORY LICENSE FOR SECONDARY TRANSM1661086 BY CABLE SYSTEM 6.

(1) For any secondary transmission to be subject to compul. Nouce. sory licensing under subsection (c), the cable system shall, at least one month before the data of the commencement of operations of the cable system or within one hundred and eighty days after the enactment of this Ach, whichever is later, and thereafter within thirty days after each occasion on which the owner: Licensing

Division

of Copyright system changes, record in the Georghe one notice including Royalty a statement of the identity and address of the person who owns or operates the secondary transmission service or has power to exercise primary control over it together with the name and location of the primary transmitter or primary transmitters whose signals are regularly carried by the cable system, and thereafter, from time to time, such further information as the register of copyrights after consultation with the Copyright Royalty Tribunal fit and when the friturat has been constiind, shall prescribe by regulation to carry out the purpose of this clause.

(2) A cable system whose secondary transmissions have been subject to compulsory licensing under subsection (c) shall, on Licensing Divisom

a semiannual basis, deposit with the Register of Copyrights, ** in accordance with requiresnents that the Register skatt, after con

sultation with the Copyright Royalty Tribunal findes
the Fribunat has boon constituted), prescribe by regulation-

(A). a statement of account, covering the six months next Sutement of
preceding, specifying the number of channels on which the account.
cable system made secondary transmissions to its subscribers,
the names and locations of all primary transmitters whose
transmissions were further transmitted by the cable system,
the total number of subscribers, the gross amounts paid to
the cable system for the basic service of providing secondary
transmissions of primary broadcast transmitters, and such
other data as the Register of Copyrights may after consulten
Lion with the Copyright Royalty Tribunal (it ondbore the
Tribunalles been wagtituted), from time to time prescribe
by regulation. Such statement shall also include a special Nonnetwork
statement of account covering any nonnetwork television television

programming that was carried by the cable system in whole programming.
: or in part beyond the local service area of the primary

transmitter, under rules, regulations, or authorizations of
the Federal Communications Commission permitting the
substitution or addition of signals under certain circum-
stances, together with logs showing the times, dutes, stations,
and programs involved in such substituted or added carriage;
and

(B) except in the case of a cable system whose royalty is Toul royalty ree
specified in subclause (C) or (D), a total royalty fes for the
period covered by the statement, computed on the basis of
specified percentages of the gross receipts from subscribers
to the cable service during said period for the basic service
of providing secondary transinissions of primary broadcast
transmitters, as follows:

(i) 0.675 of 1 per centum of such gross receipts for
the privilege of further transmitting any nonnetwork
programing of a primary transmitter in whole or in part
beyond the local service area of such primary trans-
mitter, such amount to be applied against the fee, if
any, payable pursuant to paragraphs (ii) through (iv);

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