[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Notices]
[Pages 51162-51163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25890]


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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: Announcement of the schedule for the proceeding.

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SUMMARY: The Copyright Office of the Library of Congress is announcing 
the schedule for the 180 day arbitration period for the Copyright 
Arbitration Royalty Panel (CARP) proceeding that shall determine the 
distribution of the cable royalty fees in the Music Claimants category 
which were collected for secondary transmissions of broadcast signals 
during 1991 pursuant to a compulsory license.

DATES: Filings must be submitted according to the announced schedule, 
except as otherwise provided by order of the Copyright Arbitration 
Royalty Panel.

ADDRESSES: Parties shall deliver an original and five copies of all 
written filings concerning this proceeding to: Office of the Copyright 
General Counsel, James Madison Memorial Building, Room 403, First and 
Independence Avenue, S.E., Washington, D.C. 20540.

FOR FURTHER INFORMATION CONTACT: William Roberts, Senior Attorney, or 
Tanya Sandros, Attorney Advisor, at: Copyright Arbitration Royalty 
Panel (CARP), P.O. Box 70977, Southwest Station, Washington, D.C. 
20024. Telephone: (202) 707-8380. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION: 

A. Background

    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, between James Cannings and Broadcast Music, Inc., the 
American Society of Composers, Authors and Publishers, and SESAC, Inc. 
(collectively, ``the Music Claimants''), concerns the distribution of 
the 1991 royalty funds in the Music Claimants category and is the 
subject of the current proceeding. The second controversy, however, 
between the National Association of Broadcasters (NAB) and the Public 
Broadcasting Service (PBS), has been resolved through further 
negotiation. On June 3, 1997, 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, leaving a single dispute for resolution by a CARP.
    The parties in the remaining controversy conducted precontroversy 
discovery according to the schedule which the Register of Copyrights 
established by order for this 45-day period. See Order in Docket No. 
94-3 CRP CD 90-92 (February 14, 1997), vacated and reset at the request 
of the Music Claimants, Order in Docket No. 94-3 CARP CD 90-92 (May 21, 
1997). Then, on August 28, 1997, the Copyright Office published a 
notice initiating the 180 day period for this proceeding. 62 FR 45687 
(August 28, 1997). In this notice, the Office also announced September 
4, 1997, as the date of the first meeting between the arbitration panel 
and the parties. However, due to scheduling conflicts, the parties 
agreed to reschedule the meeting for September 10, 1997. The Office 
further announced that it would publish a schedule of the proceedings, 
as required by 37 CFR 251.11(b), when it became available.
    Section 251.11(b) of the regulations governing the Copyright 
Arbitration Royalty Panels, 37 CFR subchapter B, provides that:

    At the beginning of each proceeding, the CARP shall develop the 
original schedule of the proceeding which shall be published in the 
Federal Register at least seven calendar days in advance of the 
first meeting. Such announcement shall state the times, dates, and 
places of the meetings, the testimony to be heard, whether any of 
the meetings, or any portion of a meeting, is to be closed, and if 
so, which ones, and the name and telephone number of the person to 
contact for further information.

    This notice fulfills those requirements of Sec. 251.11(b) for the 
proceeding to determine the distribution of the 1991 cable royalty fees 
in the Music Claimants category.

B. The Schedule

    On September 10, 1997, the parties to this proceeding met with the 
arbitrators for the purpose of setting a schedule and discussing the 
procedural aspects of this proceeding. A key procedural issue before 
the panel which required action by the panel at the outset of the 
proceeding was consideration of the issue designated to the CARP by the 
Register of Copyrights of whether to suspend formal hearings and make 
the determination as to the distribution of the 1991 cable royalty fees 
on the written pleadings. See Order in Docket No. CARP CD 90-92 (August 
15, 1997). After hearing argument from all parties, the panel announced 
its decision to waive the requirement of oral evidentiary hearings and 
proceed upon the written record alone. The panel stated its reasons for 
this decision and the specifics of the agreed upon schedule for the 
proceeding in a written order, as follows:

    Upon consideration of the issue designated to the CARP by the 
Register of Copyrights of whether to suspend formal hearings and 
decide the controversy as to the Phase II distribution of the 1991 
cable royalty fund on the written pleadings, and after hearing the 
arguments of all parties, the Panel has determined that for good 
cause shown it is in the public interest to waive the requirement of 
an oral evidentiary hearing and to proceed on the written pleadings 
along, provided that those pleadings are supplemented by written 
rebuttal cases, proposed findings of fact and conclusions of law, 
and reply findings of fact and conclusions of law.
    Accordingly, and with the consent of all parties, the following 
procedural schedule is hereby established:
    1. Mr. Cannings will provide to BMI by September 17, 1997, his 
request for a sample of WWOR-TV music cue sheets for 1991, as 
granted by Ruling No. 3 in the Register's Order dated August 15, 
1997.
    2. BMI will make such sample cue sheets available to Mr. 
Cannings for inspection and copying on or before October 1, 1997.
    3. Written rebuttal cases are to be filed on October 30, 1997. 
Any study or analysis shall be accompanied by the information 
specified in Rule Sec. 251.48 (e) and (f), and all underlying data 
and tabulations shall be made available as discovery that same date 
to opposing parties. No other discovery will be allowed.
    4. Any motions addressed to rebuttal cases shall be filed on 
November 7, 1997. Responses shall be filed on November 19, 1997, and 
any replies on November 26, 1997.
    5. Proposed findings of fact and conclusions of law are to be 
filed December 5, 1997.
    6. Reply findings of fact and conclusions of law are to be filed 
December 19, 1997.

Order, Docket No 94-3 CARP CD 90-92 (September 16, 1997).

[[Page 51163]]

    At this time, the parties have not moved to close any portion of 
the proceeding to the public. Further refinements to the schedule will 
be announced in open meetings and issued as orders to the parties 
participating in the proceeding. All changes will be noted in the 
docket file of the proceeding, as required by the Copyright Office 
regulations governing the administration of CARP proceedings. 37 CFR 
251.11(c).

    Dated: September 25, 1997.
Nanette Petruzzelli,
Acting General Counsel.
[FR Doc. 97-25890 Filed 9-29-97; 8:45 am]
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