[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Notices]
[Page 45687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22954]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 94-3 CARP CD 90-92]
Determination of the Distribution of the 1991 Cable Royalties in
the Music Claimants Category
AGENCY: Copyright Office, Library of Congress.
ACTION: Initiation of arbitration.
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SUMMARY: The Librarian of Congress is announcing initiation of the 180-
day arbitration period for determination of the distribution of the
1991 cable royalties in the Music Claimants category.
EFFECTIVE DATE: September 3, 1997.
ADDRESSES: All hearings and meetings for this proceeding shall take
place in the Library of Congress, Copyright Office, 101 Independence
Avenue, S.E., James Madison Memorial Building, Room 414, Washington,
D.C. 20559-6000.
FOR FURTHER INFORMATION CONTACT: William Roberts, Senior Attorney, or
Tanya Sandros, Attorney Advisor, P.O. Box 70977, Southwest Station,
Washington, D.C. 20024. Telephone (202) 707-8380. Telefax (202) 707-
8366.
SUPPLEMENTARY INFORMATION:
Background
This notice fulfills the requirement of 37 C.F.R. 251.72 which
provides that:
If the Librarian determines that a controversy exists among
claimants to either cable, satellite carrier, or digital audio
recording devices and media royalties, the Librarian shall publish
in the Federal Register a declaration of controversy along with a
notice of initiation of an arbitration proceeding. Such notice
shall, to the extent feasible, describe the nature, general
structure and schedule of the proceeding.
This notice published today fulfills the requirements of Sec. 251.72
for the distribution of the 1991 cable royalties in the Music Claimants
category.
On February 15, 1996, the Library of Congress published a notice
requesting interested parties to comment on the existence of Phase II
controversies for the distribution of the 1990, 1991, and 1992 cable
royalty funds. 61 FR 6040 (February 15, 1996). The parties who filed
comments and Notices of Intent to Participate identified two unsettled
categories that would require resolution before a CARP. The first
controversy involved the distribution of the 1991 royalty funds between
James Cannings and Broadcast Music, Inc., the American Society of
Composers, Authors and Publishers, and SESAC, Inc. (collectively, ``the
Music Claimants''). The second controversy involved the distribution of
the 1990-1992 cable royalty funds between the National Association of
Broadcasters (NAB) and the Public Broadcasting Service (PBS). On June
3, 1997, however, NAB and PBS notified the Copyright Office that they
had reached settlement concerning all matters related to their Phase II
dispute over the distribution of the 1990-1992 royalty funds, thus
leaving a single dispute for resolution by a CARP.
Each proceeding includes a 45 day precontroversy discovery period.
The original schedule for the precontroversy discovery period
established by order of the Register of Copyrights, see Order in Docket
No. 94-3 CARP CD 90-92 (February 14, 1997), was vacated and reset at
the request of the Music Claimants. See Order in Docket No. 94-3 CARP
CD 90-92 (May 21, 1997).
The precontroversy discovery phase of the CARP proceeding now being
complete, the Copyright Office of the Library of Congress is announcing
the existence of a Phase II controversy as to the distribution of the
1991 cable compulsory license royalties in the Music Claimants
category, and is initiating an arbitration proceeding under chapter 8
of title 17 to resolve the distribution of the funds. The arbitration
proceeding shall begin on September 3, 1997, and shall continue for a
period not to exceed 180 days. Consequently, the proceeding shall
conclude, and the arbitrators shall submit their final report to the
Librarian of Congress by March 2, 1998, in accordance with Sec. 251.53
of the rules.
Section 802(b) of the Copyright Act, 17 U.S.C., also instructs the
Librarian of Congress to select two arbitrators within 10 days of the
initiation of the proceeding. Having already completed this task, the
Librarian is announcing the names of the two arbitrators who have
agreed to serve on this panel:
The Honorable John Farmakides and The Honorable Jesse Etelson. The
third arbitrator, who shall serve as the Chairperson for the panel,
will be selected in accordance with section 802(b).
A meeting between the copyright claimants participating in the
distribution proceeding and the arbitrators shall take place at 2 p.m.
on Thursday, September 4, 1997, at the above described address to
discuss the hearing schedule, billing for the services of the
arbitrators and payment, and all other procedural matters. The meeting
is open to the public. Further scheduling of the Music Claimants 1991
cable distribution proceeding is within the discretion of the CARP. The
Library will publish a schedule of the proceedings, as required by 37
CFR 251.11(b), when it becomes available.
Dated: August 25, 1997.
Nanette Petruzzelli,
Acting General Counsel.
[FR Doc. 97-22954 Filed 8-27-97; 8:45 am]
BILLING CODE 1410-33-P
