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301.31 Purpose.
301.32 Recruitment and hiring.
301.33 Complaint procedures.
301.34 Third party allegation of discrimi-

nation.
301.36 Business relations.

Subpart 1-Procedures and Regulations
301.40 Scope.
301.41 Formal hearings.
301.42 Suspension, amendment, or walver

of rules.
301.43 Notice of proposed rulemaking.
301.44 Conduct of proceedings.
301.46 Declaratory rulings.
301.46 Testimony under oath or affirma.

tion.
301.47 Transcript and record.
301.48 Closing the hearing.
301.49 Documents.
301.80 Reopening of proceedings, modifica-

tion or setting.
301.61 Rules ol evidence.
301.82 Participation in any proceeding.
301.83 Examination, cross-examination,

and rebuttal.
301.54 Proposed findings and conclusions.
301.68 Promulgation of rules or ordera.
301.80 Public suggestions and comments.

8 301.1 Purpose.

The Copyright Royalty Tribunal
(Tribunal) is an independent agency in
the Legislative Branch, created by
Pub. L. 94-553 of October 19, 1976.
The Tribunal's statutory responsibil-
ities are:

(a) To make determinations concern.
ing copyright royalty rates in the
areas of cable television covered by 17
U.S.C. 111.

(b) To make determinations concern.
ing copyright royalty rates for phon.
orecords (17 U.S.C. 115) and for coln-
operated phonorecord players (juke.
boxes) (17 U.S.C. 116).

(c) To establish and later make de.
terminations concerning royalty rates
and terms for non-commercial broad.
casting (17 U.S.C. 118).

(d) To distribute cable television and
Jukebox royalties under 17 U.S.C. 111
and 17 U.S.C. 110 leposlted with the
Register of Copyrights.

Chapter III-Copyright Royalty Tribunal

$ 301.11

8 301.2 Address for information.

8 301.6 Administration of the Tribunal. The official address of the Copy. The administration of the Tribunal right Royalty Tribunal is 1111 20th denotes chiefly the main rasite of Street NW., Washington, DC 20036, the Tribunal records and the custodi. until March 31, 1979. Office hours are anship of Tribunal property The Monday through Friday, 8:30 a.m. to records to be maintained iurlut legal 5:30 p.m., excluding legal holidays. and public records, a current index of

opinions, orders, policy statements, 9 301.3 Composition of the Tribunal.

procedures, and rules of practice, and The Tribunal is composed of five

instructions that affect the public. members appointed by the President

Also, announcements of Tubunal ac. with the advice and consent of the

tions must be published in the FEDER: Senate.

AL REGISTER as required, and the ob.

servance by the Tribunal of appropri. 8 301.4 The Chairman.

ate administrative procedure must be

supervised, as well as the disposition (a) On December 1st of each year

of Tribunal correspondence. From the Chairman will be designated for a

time to time other administrative reterm of 1 year from the most senior

sponsibilities may emerge. To manage Commissioner who has not yet previo

the above, the Tribunal may choose to ously served as Chairman, or, if an the

install an Administrative Officer: howCommissioners have served, the most

ever, if not, it will be the Chairman's senior Commissioner who has served

duty to see that these responsibilities the least number of terms will be des

are met. ignated Chairman.

(b) The responsibilities of the Chair. 8 301.7 Proceedings. man are, first, to preside at meetings

(a) Location. The Tribunal will nor. and hearings of the Tribunal, and second, to represent the Tribunal offi.

mally hold all proceedings at its prin. cially in all external matters. In mat

cipal office, except under exceptional ters of legislation and legislative re

circumstances, in which case the Tri.

bunal may perform its duties any. ports, the Chairman will represent the

where in the United States. The Tri. majority opinion of the Tribunal; how

bunal's proceedings will all be public, ever, any Commissioner with a minori. ty or supplemental opinion may have

except as exempted in $ 301.15. that opinion represented also. The

(b) Quorum. A majority of the memChairman is the initial authority for

bers of the Tribunal constitutes & all communications with other govern

quorum. ment officials or agencies and is the

(c) Voting. Each Commissioner's contracting officer; however, another

vote shall be recorded separately, and

the votes of the Commissioners shall Commissioner or subordinate official may be designated to act in his stead.

be taken in order of their seniority, The Chairman shall convene & meet.

except that the Chairman shall vote ing of the Tribunal upon the request

last. No proxy votes will be recorded. of a majority of the Commissioners.

Subpart B-Public Access to Tribunal 8 301.5 Standing committee.

Meetings The Tribunal may establish standing or temporary committees to act in

8 301.11 Open meetiirga. whatever capacity the Tribunal feels is (a) The purpose of this chapter is to appropriate. Said committees are au- comply with the Government in the thorized, in the areas of their jurisdic. Sunshine Act, Pub. L. 94-409; 90 Stat. tion, to conduct hearings, mectings, 1241 et seq., 5 U.S.C. 522(b), and insure and other proceedings, but no such that all Tribunal meetings shall be subdivision shall be authorized to act open to the public. The conditions on behalf of the agency as a whole under which meetings, as an excep. within the official meclink or 8 1.8.C. Lion, may be closed. are 110rd in . 552(2)(1).

§ 301.13

$ 301.12

Title 37-Patents, Trademarks, and Copyrights (b) Each meeting announcement by (b) If the matter relates solely to the the Tribunal shall be made at least 7 internal personnel rules and practices calendar days in advance in the FEDER. of the Tribunal; AL REGISTER and shall state the time (c) If the matter has been specifical. and place of the meeting, the subject ly exempted from disclosure by statute to be discussed, whether the meeting (other than 6 U.S.C. 552) and there is is to be open or closed, and the name no discretion on the issue; and telephone number of the person (d) If the matter involves privileged to contact for further information. or confidential trade secrets or finan.

(c) If amendments are made to the clal information; original announcement, they must be (e) In the result might be to accuse placed in the FEDERAL REOISTER AS Any person of a crime or formally cen. soon as practicable. Changes in time sure him; and place may be made simply by (f) If there would be a clearly unwar. making such an announcement, but a ranted Invasion of personal privacy; change in subject matter requires a re- (g) If there would be disclosure of in. corded vote by Commissioners, with vestigatory records compiled for law the results of that vote appearing in enforcement, or information which if the announcement of the amendment. written would be contained in such

(d) If it is decided that a meeting records, and to the extent disclosure must be held on shorter notice than 7 would (1) Interfere with enforcement days, that decision must be made by proceedings, (2) deprive a person of recorded vote of Commissioners and the right to a fair trial or impartial ad. Included in the announcement.

Judication, (3) constitute an unwar

ranted Invasion of personal privacy. 8 301.12 Conduct of open meetings.

(4) disclosure the identify of a confi(a) Meetings of the Tribunal will be

dential source or, in the case of a conducted in a manner to insure both

criminal investigation or a national se. the public's right to observe and the

curity intelligence investigation, confi. ability of the Tribunal to conduct Its

dential information furnished only by business properly. The Chairman or

a confidential source, (5) disclosure in

vestigative techniques and procedures, presiding officer will take whatever

or (6) endanger the life or safety of measures he feels necessary to achieve

law enforcement personnel. this.

(h) If premature disclosure of the in(b) The right of the public to be

formation would frustrate the Tribupresent does not include the right to

nal's actlon, unless the Tribunal has participate or make comments.

already disclosed the concept or (c) Reasonable access for news media

nature of the proposed action, or is rewill be provided at all public sessions

quired by law to make disclosure provided that it does not interfere

before taking final action. with the comfort of Commissioners,

(1) If the matter concerns the Tribu. staff, or witnesses. Cameras will be ad.

nal's participation in a civil action or mitted only on the authorization of

proceeding or in an action in a foreign the Chairman, and no witness may be

court or international tribunal, or an photographed or have his testimony arbitration, or a particular case of recorded for broadcast if he objects. formal agency adjudication pursuant

to 5 U.S.C. 554, or otherwise involving 9 301.13 Cloned meelings.

& determination on the record after In the following circumstances (as opportunity for a hearing. per 5 U.S.C. 552(c), 1-10) the Tribunal may close Its mcetings or withhold in

$ 301.14 Procedure for closing meetings. formation from the public:

(a) Meetings may be closed, or infor. (a) If the matter to be discussed has mation withheld from the public, only been specifically authorized to be kept by a recorded vote of a majority of the secret by Executive order, in the Inter- Commissioners. Each question, either csts of national defense or foreign to close a mecting or withhold infor. policy:

mation, must be voted on separately, $ 301.17

Chapter 11- Copyright Royalty Tribunal

unless a series of meetings is involved, 8 301.16 Requests to open or close meel. in which case the Tribunal may vote ings. to keep the discussions closed for 30

(a) Any person may request the Tri. days, starting from the first meetings.

bunal to open or close a meeting or If the Tribunal feels that information

disclose or withhold information. Such about a closed meeting must be with: a request must be captioned "Request held, the decision to do so must also be to Open" or "Close" & mecting an a the subject of a recorded vote.

specific date concerning a specific sub(b) Before a discussion to close a ject. The requester must state his or meeting or withhold Information, the her reasons, and include name and ad. Chairman must certify that, in his dress, and desirably, telephone opinion, such a step is permissible, and number. he shall cite the appropriate exemp.

(b) In the case of a request to open a tion under $ 301.13. This certification meeting the Tribunal has previously shall be included in the announcement voted closed, 'the Tribunal mist reof the meeting and be maintained as

ceive the request within 3 working part of the Tribunal's records.

days of the meeting's announcement. (c) Following such a vote, and by the

If not, it will not be heeder, and the end of the working day, the Chairman

requester will be so notified. Requests

are desired in seven copies. must transmit the following informa.

(c) For the Tribunal to act on a retion to the FEDERAL REGISTER for publication:

quest to open or close & meeting, the

question must be brought lo & vole (1) The vote of each Commissioner;

before the Tribunal by one of the (2) The appropriate exemption

Commissioners. If the requcst is grant. under $ 301.13;

ed, an amended meeting announce. (3) A list of all persons expected to ment will be issued immediately and attend the meeting and their affili.

the requester notified. If a vote is not ation.

taken, or if after a vote the request is

denied, the requester will also be nall. 8 301.16 Transcripts of closed meetings. fied promptly.

(a) All meetings closed to the public shall be subject to either a complete

8 301.17 Ex parte communication. transcript or, in the case of $ 301.13(1) (a) No person not employed by the and at the Tribunal's discretion, de- Tribunal and no employee of the Tri. tailed minutes. Detalled minutes shall bunal who performs any investigative describe all matters discussed, identify function in connection with a Tru. all documents considered, summarize bunal proceeding shall communicale, action taken as well as the reasons for

directly or

indirectly. with any it, and record all rollcall votes as well

member of the Tribunal or with any as any views expressed.

employee involved in the decisions of (b) Such transcripts or minutes shall

the proceeding, with respect to the be kept by the Tribunal for 2 years or

merits of any proceeding before the 1 year after the conclusion of the pro

Tribunal or of a factualiy related pro.

ceeding. ceedings, whichever is later. Any portion of transcripts of meetings which

(b) No member of the Tribunal and the Chairman does not feel is exempt

no employee involved in the decision from disclosure under $ 301.13 will or.

of a proceeding shall communicate, di.

rectly or indirectly, with any person dinarily be available to the public

not employed by the Tribunal or with within 20 working days of the meeting.

any employee of the Tribunal who Transcripts or minutes of closed meet.

perfornis an investigative function in ings will be reviewed by the Chairman

connection with the proceeding, with ! at the end of each calendar year and if

respect to the merit of any procerding he feels they may at that time be dis. before the Tribnal or ol a lactually reclosed, he will resubmit the question lated proceeding. to the Tribunal to gain authorization (c) If an er parte communication is for their disclosure.

made to or by any member of the Trl.

$ 301.21

Title 37 --Patents, Trademarks, and Copyrights

bunal or employee Involved in the de. cision of the proceeding, in violation of paragraph (a) or (b) of this section, such member or employee shall promptly inform the Tribunal of the substance of such communciation and of the circumstance surrounding it. The Tribunal shall then take such action It considers appropriate: provid. ed that any written er parte communi. cation and a summary of any oral et parte communication shall be made part of the public records of the Tri. bunal, but shall not be considered part of the record for the purposes of deci. sion unless introduced into evidence by one of the parties.

(d) A request for information with respect to the status of proceeding shall not be considered an ex parte communication prohibited by this sectlon.

(4) Personnel, medical, or similar files whose disclosure would be an in. vasion of personal privacy:

(5) Communications among Commissioners concerning the drafting of de. cisions, opinions, reports, and findings on any Tribunal matter or proceeding:

(6) Offers of settlement which have not been accepted unless they have been made public by the offerer;

(7) Records not herein listed but which may be withheld as "exempted" if the Tribunal finds compelling rea. sons exist.

Subpart C-Public Access To and

Inspection of Records

The following is the manner in which Tribunal opinions, recommend. ed decisions, orders, public reports and records shall be made available to the public.

8 301.22 Public access.

(8) Information may be requested from the Tribunal in person, by tele. phone, or by mail.

(b) of the material sought is not a Tribunal record, is exempted, or for some reason is unavailable, the person requesting it will be so informed and, in the case of an "exempted record." will be explained the reason for the exemption and the procedure for appeal under the Freedom of Informa. tion Act, $ 301.13.

(c) Fees for copies of Tribunal records are: $.15 per page: $10 for each hour or fraction thereof spent search: Ing for records; $4 for certification of each document; and the actual cost to the Tribunal for any other costs incurred. (43 FR 63719, Nov. 11, 1978, as amended at 44 FR 53161, Sept. 13, 1979)

301.21 Public records.

(a) Final official determinations of the Tribunal will be published in the FEDERAL REGISTER and include the rel. evant facts and the reasons for those determinations.

(b) An annual report, required of the Tilbunal to be presented to the Presi. dent and Congress each fiscal year, along with a detailed fiscal statement of account, will be available both for inspection at the Tribunal and for pur. chase from the Superintendent of Documents, U.S. Government Printing Office. Washington, DC 20402.

(c) All other Tribunal records are avallable, for Inspection or copying at the Tribunal, except:

(1) Records that relate solely to the Internal personnel rules and practices of the Tribunal;

(2) Records exempted by statute from disclosure;

(3) Interoffice memoranda or corre. spondence not avallable by iaw except Lo a party in litigation with the Tribu. nal;

301.23 Freedom of Information Act.

(a) If a request is made under the Freedom of Information Act (5 U.S.C. 552), It must be in writing, be cap. tioned "Freedom of Information Act Request," and identify as accurately as possible, the information desired.

(b) within 10 working days after the Tribunal has received such a request, the Chairman shall inform the re. quester how the records may be in. spected or copied and the cost (AS under $ 301.22) of copying. The chair. man may, however, extend this time limit up to 10 working days if:

(1) Records must be located or transferred;

(2) Voluminous material must be ex. amined;

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