Nota Bene: The percentage figures applied to the respective distributions will diminish as the fund continues to grow.

Values are approximate as per the date on the column heading, except where parenthetical dates appear below a value. In those cases the value is approximate as per the parenthetical date, which date represents the maturity date for liquidation of the securities.

APPENDIX D.

ROBERT CASSLER

ROBERT CASSLER was born in Queens, New York. He was graduated from Brandeis University in 1972 where he majored in history. He received his J.D. degree from Georgetown University Law Center in 1975. He is a member of the Bar of the State of New York and the District of Columbia.

Mr. Cassler studied copyright law at Georgetown University Law Center with Dorothy Schrader, General Counsel of the U. s. Copyright Office. In 1975, he was awarded First Prize for Georgetown University Law Center in the Nathan Burkan Memorial Copyright Writing Competition sponsored by ASCAP for wrote on copyright law.

a paper he

After a year in private practice in New York, Mr. Cassler joined government service with the Federal Communications Commission. His first assignment at the FCC was conducting rulemaking proceedings in the Private Radio Bureau. In 1979, he transferred to the Mass Media Bureau where he rose to the level of supervisory attorney in the AM Branch. In 1983, he joined the support staff in the Office of the Administrative Law Judges which was created especially to assist the judges in determining which communications companies would receive cellular radio licenses in the top 30 markets of the country.

Mr. Cassler enjoys theater, and has written a full-length historical drama which received a production from the Unitarian Universalist Chapter of Manassas, Virginia. He also contributesoriginal songs and sketches each year to the musical revue produced by the Young Lawyers' Section of the Bar Association of the District of Columbia.

Mr. Cassler joined the Copyright Royalty Tribunal as General Counsel March 4, 1985.

16

Appendix E

STATEMENT OF THE GENERAL COUNSEL

Thank you for this opportunity to present a prepared statement before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice.

I was hired by the Tribunal to be General Counsel in February, and I began work on March 4, 1985. I believe I am especially suited to assist the Tribunal in reaching its regulatory goals. I attended Georgetown University Law Center where I studied copyright law under Dorothy Schrader, General Counsel of the Copyright Office.

While I was at Georgetown, I received an award from ASCAP for a paper I wrote on copyright law. For eight years prior to being hired by the Tribunal, I worked at the Federal Communications Commission. In the Private Radio Bureau, I conducted informal rulemaking proceedings, and took a course in draftsmanship at the Federal Register. In the Mass Media Bureau, I supervised a legal staff whose function was to authorize new broadcast stations, and changes in existing stations. In the Office of the Administrative Law Judges, I assisted the judges in the conduct of the cellular radio comparative hearings. Of particular relevance to the Tribunal, I assisted the FCC judges in the receipt and analysis of statistical evidence relating to cellular radio.

I believe I can be of service to the Tribunal in the following respects: I can conduct research into legal matters as directed by the Tribunal especially in regard to the conduct of the Tribunal's ratemaking and distribution proceedings. I can assist the Commissioners in the legal expression of their decisions, so that any review of their decisions will reveal the evidence on which the Commissioners based their decisions, and the rationale for their decisions. I can interpret Tribunal rules and make recommendations upon review of those rules to revise or change them. I can interpret the statutes affecting the Tribunal, such as the Administrative Procedure Act, the Sunshine Act, etc., to formalize the Tribunal's compliance with those acts. I can coordinate with the Copyright Office, the Justice Department and other Federal agencies for the smooth functioning of our common goals. I can advise and make recommendations to the Tribunal with respect to proposed legislation. I hope in the future to represent the Tribunal in appellate proceedings.

Overall, I see my function for the Commissioners as helping them in all procedural matters so that they can concentrate on the substantive decision-making which the President and the Congress entrusted to them to perform.

Respectfully submitted,
Lobat Cassle

Robert Cassler
General Counsel

17

Mr. KASTENMEIER. Thank you for your presentation.

In answer to the question raised by the gentleman from Oklahoma, is there any particular reason why the other two Commissioners are not here today?

Ms. HALL. I believe that they have indicated that they would be glad to respond to written submissions from this body. I am not sure that they were fully aware that they were supposed to be here.

Mr. KASTENMeier. Well, it is customary. They were not mandated to be here.

Mr. SYNAR. Mr. Chairman, was the letter of invitation to all three Commissioners?

Mr. KASTENMEIER. I understand that the letter, in fact, was addressed to the Chairman.

Mr. SYNAR. Then I would renew my request that they, in writing, respond to why they are not present today.

Mr. KASTENMEIER. Ms. Hall, I have two questions. They are in two categories. Let me first say at the outset that when you were first appointed, which was quite recently-you were confirmed when by the Senate?

Ms. HALL. I was recess appointed in July. I was confirmed on April 2.

Mr. KASTENMEIER. April 2.

Ms. HALL. Of this year.

Mr. KASTENMEIER. So we are talking about 1 month ago. I heard you had made a favorable first impression on the committee. You had called on a number of the members indicating your interest in the problems of the Tribunal and possible reforms. You have indicated a willingness to work at that. And I think members of the committee were impressed.

But, as you so well know, during the past few days, there has been a lot of press dealing with your authorship of a book, "Foundations of Sand.” I know you are familiar with it. It is a book which I must say offends many people, particularly the part dealing with racial matters. It appears to many people to be a racial tract, a rather radical tract.

Of course this is a free country. One is entitled to think wł at one will about other people. This is a free country, and, indeed, one can also express oneself in written form, in books and otherwise. But when one is a public official in a Federal position such as you, and expressed the views you have, it is a different situation. It then becomes an issue of whether you are able to serve, to have the confidence of those who are affected by your decisions and, perhaps, even of those with whom you work.

Let me ask you what was your role in writing this particular book, "Foundations of Sand"?

Ms. HALL. I was merely the editor, in an extremely ministerial position; simply verbs, nouns, pronouns, dangling participles, sentence structure.

Mr. KASTENMEIER. If you were the editor, why did you then identify yourself as an author on your copyright registration, which is on black and white? You say here that you are an author of this *act.