[Federal Register Volume 63, Number 41 (Tuesday, March 3, 1998)]
[Notices]
[Pages 10414-10415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5440]


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LIBRARY OF CONGRESS

Copyright Office
[Docket No. 96-6 CARP NCBRA]


Adjustment of the Rates for the Noncommercial Educational 
Broadcasting Compulsory License

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 adjustment of 
the royalty rates for the noncommercial educational broadcasting 
compulsory license, as required by the regulations governing this 
proceeding.

EFFECTIVE DATE: March 3, 1998.

ADDRESSES: All hearings and meetings for the adjustment of the royalty 
rates for the noncommercial educational broadcasting compulsory license 
shall take place in the James Madison Building, Room LM-414, First and 
Independence Avenue, SE, Washington, DC 20540.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 
William R. Roberts, Senior Attorney, at: Copyright Arbitration Royalty 
Panel (CARP), P.O. Box 70977, Southwest Station, Washington, DC 20024. 
Telephone: (202) 707-8380. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION: 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 
place 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 the requirements of Sec. 251.11(b) for the 
proceeding to adjust the royalty rates for the noncommercial 
educational broadcasting compulsory license.
    On October 18, 1996, the Library announced a voluntary negotiation 
period, the precontroversy discovery schedule, and an initiation date 
for a Copyright Arbitration Royalty Panel (CARP) for this docket. The 
Office also requested each interested party to file a Notice of Intent 
to Participate with the Office no later than December 13, 1996. 61 FR 
54458 (October 18, 1996). On November 11, 1996, the National Public 
Radio (NPR), the Public Broadcasting Service (PBS), the American 
Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, 
Inc. (BMI), SESAC, Inc., the National Music Publishers Association, 
Inc. (NMPA), and the Harry Fox Agency, Inc., filed notices of intent to 
participate. On June 19, 1997, the National Religious Broadcasters 
Music License Committee (NRBMLC) requested leave to file its notice of 
intent to participate after the deadline for making this filing had 
passed. The Register granted its motion and accepted the filing. Order 
in Docket No. 96-6 CARP (NCBRA) (July 30, 1997). Two additional 
parties, The American Council on Education and The National Federation 
of Community Broadcasters, did not file notices of intent to 
participate, although they participated in the negotiations of certain 
rates and terms of interest to their members.
    The October 18, 1996, order set January 10, 1997, as the 
commencement date for the precontroversy discovery period. See 61 FR 
54458 (October 18, 1996). However, the parties requested that the 
schedule set forth in the October 18 order be vacated in order to give 
the parties additional time to negotiate voluntary agreements. The 
Office granted the parties' request for additional time, vacated the 
precontroversy discovery schedule, and instructed the parties to appear 
at the Library on May 1, 1997, for a status report on the progress of 
their settlement negotiations. Order in Docket No. 96-6 CARP NCBRA 
(December 23, 1996). At the May 1 status conference, the parties again 
requested additional time, which the Office granted, provided the 
parties updated the Office on the status of their negotiations in July 
1997. At a status meeting on July 24, 1997, the parties identified a 
need for a CARP proceeding. On July 30, 1997, the Office announced a 
second schedule setting dates for the precontroversy discovery period 
and set December 31, 1997, as the date for the initiation of 
arbitration. Order in Docket No. 96-6 CARP NCBRA (July 30, 1997).
    In accordance with the new schedule, NRBMLC, PBS, and NPR filed 
proposed rates and terms for the payment of royalty fees to 
unaffiliated copyright owners on September 2, 1997. Subsequently, on 
October 1, 1997, the parties filed additional joint proposals for 
further adjusting the rates and terms of the section 118 compulsory 
license and notices of settlement. The Office published all the 
proposed rates and terms in the Federal Register for public review and 
comment, pursuant to 37 CFR 251.63. 62 FR 51619 (October 2, 1997) and 
62 FR 63502 (December 1, 1997). The December 1, 1997, notice announced 
that the proposed regulations would become final on January 1, 1998, 
unless an interested party filed a challenge to the proposed 
regulations and a Notice of Intent to Participate in a CARP proceeding, 
on or before December 29, 1997. 62 FR 63502 (December 1, 1997). See 
also 62 FR 65777 (December 16, 1997) (correction notice clarifying the 
filing dates). The Office received no comments or Notices of Intent to 
Participate in a CARP proceeding in response to its notices of

[[Page 10415]]

the proposed rates and terms, and on January 14, 1998, the Office 
announced its adoption of the proposed rates and terms as final 
regulations, pursuant to 37 CFR 251.63(b). 63 FR 2142 (January 14, 
1998).
    A controversy remained, however, regarding the rates to be paid by 
PBS and NPR for the use of musical works licensed by ASCAP and BMI. The 
parties filed several motions to compel document production on November 
7, 1997, in accordance with the July 30, 1997, order. The parties 
requested a large volume of document production in these motions. With 
such a large volume of document production still to be completed, the 
Office recognized that the 180-day period could not commence on 
December 31, 1997. Accordingly in its order ruling on the motions to 
compel, the Office granted additional time for the completion of 
document production and reset the date for initiation of the 180-day 
period to January 30, 1998. Order in Docket No. 96-6 CARP NCBRA 
(December 30, 1997). On February 2, 1998, the Library announced the 
initiation of the CARP proceeding to resolve this controversy. 63 FR 
5405 (February 2, 1998).
    On February 3, 1998, the parties to this proceeding met with the 
arbitrators for the purpose of setting a schedule for this proceeding. 
At that meeting, the parties and the arbitrators agreed to the 
following schedule:


Opening Statements for all parties.  February 26, 1998.......................                                   
Presentation of Direct Cases:                                                                                   
    American Society of Composers,   February 26, 1998.......................  Mary Rodgers.                    
     Authors and Publishers (ASCAP).                                                                            
    ASCAP..........................  March 9, 1998...........................  Richard H. Reimer.               
                                                                               Bennett M. Lincoff.              
                                                                               Jon A. Baumgarten.               
    ASCAP..........................  March 12, 1998..........................  James Ledbetter.                 
                                                                               Carol Grajeda.                   
                                                                               Horace Anderson.                 
                                                                               Ray Schwind.                     
                                                                               Seth Saltzman.                   
    ASCAP..........................  March 13, 1998..........................  James Day.                       
                                                                               Robert Unmacht.                  
                                                                               Ed Bergstein.                    
                                                                               David Bander.                    
                                                                               Lauren Iossa.                    
    Broadcast Music, Inc. (BMI)....  March 16, 1998..........................  Alison Smith.                    
                                                                               Fredric J. Willms.               
                                                                               Bruce M. Owen.                   
    BMI............................  March 17, 1998..........................  Bruce M. Owen.                   
                                                                               Michael Bacon.                   
    BMI............................  March 18, 1998..........................  Michael Bacon.                   
                                                                               Janet R. McFadden.               
                                                                               Roy J. Epstein.                  
    ASCAP..........................  March 19, 1998..........................  Dr. Peter Boyle.                 
    Public Broadcasting Service      March 20, 1998..........................  Peter Downey.                    
     (PBS) and National Public                                                 Peter Jablow.                    
     Radio (NPR) (did not provide                                              Paula Jameson.                   
     breakdown of dates for                                                    Adam Jaffe.                      
     witnesses).                                                                                                
    PBS/NPR........................  March 30, 1998..........................  Peter Downey.                    
                                                                               Peter Jablow.                    
                                                                               Paula Jameson.                   
                                                                               Adam Jaffe.                      
    Continuation of Presentation of  March 31, 1998,                                                            
     Direct Cases.                   April 1-3 \1\, 1998                                                        
    Filing Deadline for Written      April 15, 1998                                                             
     Rebuttal Cases.                                                                                            
    Presentation of Rebuttal Cases.  April 27-30, 1998                                                          
    Filing Deadline for Proposed     May 22, 1998                                                               
     Findings of Fact and                                                                                       
     Conclusions of Law.                                                                                        
    Filing Deadline for Replies to   June 1, 1998                                                               
     Proposed Findings of Fact and                                                                              
     Conclusions of Law.                                                                                        
    Oral argument..................  June 16, 1998                                                              
    Close of 180-day period........  July 28, 1998                                                              
All hearings will begin at 10 a.m.                                                                              
 and end at 5 p.m.                                                                                              
                                                                                                                
\1\ This date may have to be rescheduled.                                                                       

    The regulations require that the Copyright Office publish the 
original schedule for the CARP proceeding in the Federal Register at 
least seven calendar days in advance of the first meeting. 37 CFR 
251.11(b). Pursuant to 37 CFR 251.11(d), however, the arbitrators voted 
to publish the schedule on shorter notice than the required seven days 
in order to allow the parties an opportunity to finalize the witness 
list for their direct cases before publication of the schedule. The 
results of the vote on the question, whether the requirement for a 
seven calendar day notice should be waived, are:

The Hon. Lewis Hall Griffith, Chairperson: Yes
The Hon. Edward Dreyfus: Yes
The Hon. Jeffrey S. Gulin: Yes

    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: February 25, 1998.
David O. Carson,
General Counsel.
[FR Doc. 98-5440 Filed 3-2-98; 8:45 am]
BILLING CODE 1410-33-P