Sec. CHAPTER 8.-COPYRIGHT ROYALTY TRIBUNAL 801. Copyright Royalty Tribunal: Establishment and purpose. 802. Petitions for the adjustment of royalty rates. 803. Membership of the Tribunal. 804. Procedures of the Tribunal. 805. Compensation of members of the Tribunal; expenses of the Tribunal. 806. Reports to the Congress. 807. Effective date of royalty adjustment. 808. Effective date of royalty distribution. 809. Judicial review. § 801. Copyright Royalty Tribunal Establishment and purpose (a) There is hereby created in the Library of Congress a Copyright Royalty Tribunal. (b) Subject to the provisions of this chapter, the purpose of the Tribunal shall be: (1) to make determinations concerning the adjustment of the copyright royalty rates specified by section § 111 115 so as to assure that such rates are reasonable and in the event that the Tribunal shall determine that the statutory royalty rate, or a rate previously established by the Tribunal, or the revenue basis in respect to section 111 does not provide a reasonable royalty fee for the basic service of providing secondary transmissions of the primary broadcast transmitter or is otherwise unreasonable, the Tribunal may change the royalty rate or the revenue basis on which the royalty fee shall be assessed or both so as to assure reasonable royalty fee; and (2) to determine in certain circumstances the distribution of the royalty fees deposited with the Register of Copyrights under section § 111 116. § 802. Petitions for the adjustment of royalty rates (a) On July 1, 1977, the Register of Copyrights shall cause to be published in the Federal Register notice of the commencement of proceedings for the review of the royalty rate specified by section § 111 and 115. (b) During the calendar year 1984, and in each subsequent fifth calendar year, any owner or user of a copyrighted work whose royalty rates are specified by this title, or by a rate established by the Tribunal, may file a petition with the Register of Copyrights declaring that the petitioner requests an adjustment of the rate. The Register shall make a determination as to whether the applicant has a significant interest in the royalty rate in which an adjustment is requested. If the Register determines that the petitioner has a significant interest, he shall cause notice of his decision to be published in the Federal Register. § 803. Membership of the Tribunal (a) In accordance with Section 802, or upon certifying the existence of a controversy concerning the distribution of royalty fees deposited pursuant to section § 111 and 116, the Register shall request the American Arbitration Association or any similar successor organization to furnish a list of three members of said Association. The Register shall communicate the names together with such information as may be appropriate to all parties of interest. Any such party within twenty days from the date of said communication is sent may submit to the Register written objections to any or all of the proposed names. If no such objections are received, or if the Register determines that said objections are not well founded, he shall certify the appointment of the three designated individuals to constitute a panel of the Tribunal for the consideration of the specified rate or royalty distribution. Such panel shall function as the Tribunal established in section 801. If the Register determines that the objections to the designation of one or more of the proposed individuals are well founded, the Register shall request the American Arbitration Association or any similar successor organization to propose the necessary number of substitute individuals. Upon receiving such additional names the Register shall constitute the panel. The Register shall designate one member of the panel as Chairman. (b) If any member of a panel becomes unable to perform his duties, the Register, after consultation with the parties, may provide for the selection of a successor in the manner prescribed in subsection (a). § 804. Procedures of the Tribunal (a) The Tribunal shall fix a time and place for its proceedings and shall cause notice to be given to the parties. (b) Any organization or person entitled to participate in the proceedings may appear directly or be represented by counsel. (c) Except as otherwise provided by law, the Tribunal shall determine its own procedure. For the purpose of carrying out the provisions of this chapter, the Tribunal may hold hearings, administer oaths, and require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of docu ments. (d) Every final decision of the Tribunal shall be in writing and shall state the reasons therefor. (e) The Tribunal shall render a final decision in each proceeding within one year from the certification of the panel. Upon a showing of good cause, the Senate Committee on the Judiciary and the House of Representatives Committee on the Judiciary may waive this requirement in a particular proceeding. § 805. Compensation of members of the Tribunal; expenses of the Tribunal (a) In proceedings for the distribution of royalty fees, the compensation of members of the Tribunal and other expenses of the Tribunal shall be deducted prior to the distribution of the funds. (b) In proceedings for the adjustment of royalty rates, there is hereby authorized to be appropriated such sums as may be necessary. (c) The Library of Congress is authorized to furnish facilities and incidental service to the Tribunal. (d) The Tribunal is authorized to procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code. § 806. Reports to the Congress The Tribunal immediately upon making a final determination in any proceeding for adjustment of a statutory royalty shall transmit its decision, together with the reasons therefor, to the Secretary of the Senate and the Clerk of the House of Representatives for reference to the Judiciary Committees of the Senate and the House of Representatives. § 807. Effective date of royalty adjustment (a) Prior to the expiration of the first period of ninety calendar days of continuous session of the Congress, following the transmittal of the report specified in section 806, either House of the Congress may adopt a resolution stating in substance that the House does not favor the recommended royalty adjustment, and such adjustment, therefore, shall not become effective. (b) For the purposes of subsection (a) of this section (1) Continuity of session shall be considered as broken only by an adjournment of the Congress sine die, and (2) In the computation of the ninety-day period there shall be excluded the days on which either House is not in session because of an adjournment of more than three days to a day certain. (c) In the absence of the passage of such a resolution by either House during said ninety-day period, the final determination by the Tribunal of a petition for adjustment shall take effect on the first day following ninety calendar days after the expiration of the period specified by subsection (a). (d) The Register of Copyrights shall give notice of such effective date by publication in the Federal Register not less than sixty days before said date. 8808. Effective date of royalty distribution A final determination of the Tribunal concerning the distribution of royalty fees deposited with the Register of Copyrights pursuant to sections 111 and 116 shall become effective thirty days following such determination unless prior to that time an application has been filed pursuant to sections 809 to vacate, modify or correct the determination, and notice of such application has been served upon the Register of Copyrights. The Register upon the expiration of thirty days shall distribute such royalty fees not subject to any application filed pursuant to section 809. § 809. Judicial review In any of the following cases the United States District Court for the District of Columbia may make an order vacating, modifying or correcting a final determination of the Tribunal concerning the distribution of royalty fees 57-786 76 pt. 3 35 FCC Form 324 December 1974 1974 ANNUAL FINANCIAL REPORT OF NETWORKS AND LICENSEES OF BROADCAST STATIONS FORM APPROVED OMB NO, 82-A0008 Mail one copy to the FEDERAL COMMUNICATIONS COMMISSION, Washington, D. C. 20554 5. If this report does not cover the full calendar year, indicate the period covered: From: To: D S FCC Form 324 1974 ANNUAL FINANCIAL REPORT OF NETWORKS AND LICENSEES OF BROADCAST STATIONS FORM APPROVED OMB NO. 82. RO008 GAO/B-1802271R0001) Mail one copy to the FEDERAL COMMUNICATIONS COMMISSION, Washington, D. C. 20554 BEFORE FILLING OUT THIS REPORT, SEE INSTRUCTIONS STREET ADDRESS OR P.O. BOX NUMBERI 5. If this report does not cover the full calendar year, indicate the period covered: From: To: Type of Station* RETURN COPY WITH MAILING LABEL |