/Users/andrea/_magisterarbeit/korpus/clean/trainkorpus/25/file1.html NN ----------------------------------------- : DOC NN DOCID NP . SENT f SYM . SENT publ NP 419 CD . SENT 108 CD Page NP 118 CD STAT NN . SENT 2341 CD Public NP Law NP 108 CD 419 CD 108 CD th NN Congress NP An NP Act NP To TO amend VV title NN 17 CD , , United NP States NPS Code NP , , to TO replace VV copyright NN arbitration NN royalty NN panels NNS with IN Copyright NP Royalty NP Judges NPS , , and CC for IN other JJ purposes NNS . SENT NOTE NN . SENT Nov NP . SENT 30 CD , , 2004 CD H NN . SENT R SYM . SENT 1417 RB Be VB it PP enacted VVN by IN the DT Senate NP and CC House NP of IN Representatives NPS of IN the DT United NP States NPS of IN America NP in IN Congress NP assembled VVD , , NOTE NN . SENT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD . SENT SECTION NN 1 CD . SENT SHORT JJ TITLE NN . SENT NOTE NN . SENT 17 CD USC NN 101 CD note NN . SENT This DT Act NP may MD be VB cited VVN as IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD . SENT SEC NP . SENT 2 LS . SENT REFERENCE NN . SENT Except IN as RB otherwise RB expressly RB provided VVN , , whenever WRB in IN this DT Act NP an DT amendment NN or CC repeal NN is VBZ expressed VVN in IN terms NNS of IN an DT amendment NN to TO , , or CC repeal VV of IN , , a DT section NN or CC other JJ provision NN , , the DT reference NN shall MD be VB considered VVN to TO be VB made VVN to TO a DT section NN or CC other JJ provision NN of IN title NN 17 CD , , United NP States NPS Code NP . SENT SEC NP . SENT 3 LS . SENT COPYRIGHT NN ROYALTY NN JUDGE NN AND CC STAFF NN . SENT a DT In IN General NP . SENT Chapter NP 8 CD is VBZ amended VVN to TO read VV as RB follows VVZ . SENT CHAPTER NN 8 CD PROCEEDINGS NNS BY IN COPYRIGHT NN ROYALTY NN JUDGES NNS Sec JJ . SENT 801 CD . SENT Copyright NP Royalty NP Judges NPS . SENT appointment NN and CC functions NNS . SENT 802 CD . SENT Copyright NP Royalty NP Judgeships NNS . SENT staff NN . SENT 803 CD . SENT Proceedings NNS of IN Copyright NP Royalty NP Judges NPS . SENT 804 CD . SENT Institution NN of IN proceedings NNS . SENT 805 CD . SENT General JJ rule NN for IN voluntarily RB negotiated VVN agreements NNS . SENT Sec NN . SENT 801 CD . SENT Copyright NP Royalty NP Judges NPS . SENT appointment NN and CC functions NNS a DT Appointment NN . SENT The DT Librarian NN of IN Congress NP shall MD appoint VV 3 CD full JJ time NN Copyright NP Royalty NP Judges NPS , , and CC shall MD appoint VV 1 CD of IN the DT 3 CD as IN the DT Chief NP Copyright NP Royalty NP Judge NP . SENT The DT Librarian NN shall MD make VV appointments NNS to TO such JJ positions NNS after IN consultation NN with IN the DT Register NP of IN Copyrights NNS . SENT b SYM Functions NNS . SENT Subject JJ to TO the DT provisions NNS of IN this DT chapter NN , , the DT functions NNS of IN the DT Copyright NP Royalty NP Judges NPS shall MD be VB as RB follows VVZ . SENT 1 LS To TO make VV determinations NNS and CC adjustments NNS of IN reasonable JJ terms NNS and CC rates NNS of IN royalty NN payments NNS as RB provided VVN in IN sections NNS 112 CD e NN , , 114 CD , , 115 CD , , 116 CD , , 118 CD , , 119 CD and CC 1004 CD . SENT The DT rates NNS applicable JJ under IN sections NNS 114 CD f SYM 1 CD B NN , , 115 CD , , and CC 116 CD shall MD be VB calculated VVN to TO achieve VV the DT following VVG objectives NNS . SENT A DT To TO maximize VV the DT availability NN of IN creative JJ works NNS to TO the DT public NN . SENT Page NN 118 CD STAT NN . SENT 2342 CD B NN To TO afford VV the DT copyright NN owner NN a DT fair JJ return NN for IN his PP$ or CC her PP$ creative JJ work NN and CC the DT copyright NN user NN a DT fair JJ income NN under IN existing VVG economic JJ conditions NNS . SENT C SYM To TO reflect VV the DT relative JJ roles NNS of IN the DT copyright NN owner NN and CC the DT copyright NN user NN in IN the DT product NN made VVD available JJ to TO the DT public NN with IN respect NN to TO relative JJ creative JJ contribution NN , , technological JJ contribution NN , , capital NN investment NN , , cost NN , , risk NN , , and CC contribution NN to TO the DT opening NN of IN new JJ markets NNS for IN creative JJ expression NN and CC media NNS for IN their PP$ communication NN . SENT D SYM To TO minimize VV any DT disruptive JJ impact NN on IN the DT structure NN of IN the DT industries NNS involved VVN and CC on IN generally RB prevailing VVG industry NN practices NNS . SENT 2 LS To TO make VV determinations NNS concerning VVG the DT adjustment NN of IN the DT copyright NN royalty NN rates NNS under IN section NN 111 CD solely RB in IN accordance NN with IN the DT following VVG provisions NNS . SENT A DT The DT rates NNS established VVN by IN section NN 111 CD d SYM 1 CD B NN may MD be VB adjusted VVN to TO reflect VV i NP national JJ monetary JJ inflation NN or CC deflation NN . SENT or CC ii NN changes NNS in IN the DT average JJ rates NNS charged VVD cable NN subscribers NNS for IN the DT basic JJ service NN of IN providing VVG secondary JJ transmissions NNS to TO maintain VV the DT real JJ constant JJ dollar NN level NN of IN the DT royalty NN fee NN per IN subscriber NN which WDT existed VVD as RB of IN the DT date NN of IN October NP 19 CD , , 1976 CD , , except IN that WDT I PP if IN the DT average JJ rates NNS charged VVD cable NN system NN subscribers NNS for IN the DT basic JJ service NN of IN providing VVG secondary JJ transmissions NNS are VBP changed VVN so RB that IN the DT average JJ rates NNS exceed VVP national JJ monetary JJ inflation NN , , no DT change NN in IN the DT rates NNS established VVN by IN section NN 111 CD d SYM 1 CD B NN shall MD be VB permitted VVN . SENT and CC II NP no DT increase NN in IN the DT royalty NN fee NN shall MD be VB permitted VVN based VVN on IN any DT reduction NN in IN the DT average JJ number NN of IN distant JJ signal NN equivalents NNS per IN subscriber NN . SENT The DT Copyright NP Royalty NP Judges NPS may MD consider VV all DT factors NNS relating VVG to TO the DT maintenance NN of IN such JJ level NN of IN payments NNS , , including VVG , , as IN an DT extenuating VVG factor NN , , whether IN the DT industry NN has VHZ been VBN restrained VVN by IN subscriber NN rate NN regulating VVG authorities NNS from IN increasing VVG the DT rates NNS for IN the DT basic JJ service NN of IN providing VVG secondary JJ transmissions NNS . SENT B NP In IN the DT event NN that IN the DT rules NNS and CC regulations NNS of IN the DT Federal NP Communications NPS Commission NP are VBP amended VVN at IN any DT time NN after IN April NP 15 CD , , 1976 CD , , to TO permit VV the DT carriage NN by IN cable NN systems NNS of IN additional JJ television NN broadcast NN signals NNS beyond IN the DT local JJ service NN area NN of IN the DT primary JJ transmitters NNS of IN such JJ signals NNS , , the DT royalty NN rates NNS established VVN by IN section NN 111 CD d SYM 1 CD B NN may MD be VB adjusted VVN to TO ensure VV that IN the DT rates NNS for IN the DT additional JJ distant JJ signal NN equivalents NNS resulting VVG from IN such JJ carriage NN are VBP reasonable JJ in IN the DT light NN of IN the DT changes NNS effected VVN by IN the DT amendment NN to TO such JJ rules NNS and CC regulations NNS . SENT In IN determining VVG the DT reasonableness NN of IN rates NNS proposed VVN following VVG an DT amendment NN of IN Federal NP Communications NPS Commission NP rules NNS and CC regulations NNS , , the DT Copyright NP Royalty NP Judges NPS shall MD consider VV , , among IN other JJ factors NNS , , the DT economic JJ impact NN on IN copyright NN owners NNS and CC users NNS . SENT except IN that IN no DT adjustment NN in IN royalty NN rates NNS shall MD be VB made VVN under IN this DT subparagraph NN with IN respect NN to TO any DT distant JJ signal NN equivalent NN or CC fraction NN thereof RB represented VVD by IN Page NP 118 CD STAT NN . SENT 2343 CD i NP carriage NN of IN any DT signal NN permitted VVN under IN the DT rules NNS and CC regulations NNS of IN the DT Federal NP Communications NPS Commission NP in IN effect NN on IN April NP 15 CD , , 1976 CD , , or CC the DT carriage NN of IN a DT signal NN of IN the DT same JJ type NN that WDT is VBZ , , independent JJ , , network NN , , or CC noncommercial NN educational JJ substituted VVN for IN such JJ permitted VVN signal NN . SENT or CC ii NNS a DT television NN broadcast NN signal NN first RB carried VVD after IN April NP 15 CD , , 1976 CD , , pursuant JJ to TO an DT individual JJ waiver NN of IN the DT rules NNS and CC regulations NNS of IN the DT Federal NP Communications NPS Commission NP , , as IN such JJ rules NNS and CC regulations NNS were VBD in IN effect NN on IN April NP 15 CD , , 1976 CD . SENT C SYM In IN the DT event NN of IN any DT change NN in IN the DT rules NNS and CC regulations NNS of IN the DT Federal NP Communications NPS Commission NP with IN respect NN to TO syndicated JJ and CC sports NNS program NN exclusivity NN after IN April NP 15 CD , , 1976 CD , , the DT rates NNS established VVN by IN section NN 111 CD d SYM 1 CD B NN may MD be VB adjusted VVN to TO assure VV that IN such JJ rates NNS are VBP reasonable JJ in IN light NN of IN the DT changes NNS to TO such JJ rules NNS and CC regulations NNS , , but CC any DT such JJ adjustment NN shall MD apply VV only RB to TO the DT affected JJ television NN broadcast NN signals NNS carried VVN on IN those DT systems NNS affected VVN by IN the DT change NN . SENT D SYM The DT gross JJ receipts NNS limitations NNS established VVN by IN section NN 111 CD d SYM 1 CD C NP and CC D NP shall MD be VB adjusted VVN to TO reflect VV national JJ monetary JJ inflation NN or CC deflation NN or CC changes NNS in IN the DT average JJ rates NNS charged VVD cable NN system NN subscribers NNS for IN the DT basic JJ service NN of IN providing VVG secondary JJ transmissions NNS to TO maintain VV the DT real JJ constant JJ dollar NN value NN of IN the DT exemption NN provided VVN by IN such JJ section NN , , and CC the DT royalty NN rate NN specified VVN therein RB shall MD not RB be VB subject JJ to TO adjustment NN . SENT 3 LS A DT To TO authorize VV the DT distribution NN , , under IN sections NNS 111 CD , , 119 CD , , and CC 1007 CD , , of IN those DT royalty NN fees NNS collected VVN under IN sections NNS 111 CD , , 119 CD , , and CC 1005 CD , , as IN the DT case NN may MD be VB , , to TO the DT extent NN that IN the DT Copyright NP Royalty NP Judges NPS have VHP found VVN that IN the DT distribution NN of IN such JJ fees NNS is VBZ not RB subject JJ to TO controversy NN . SENT B SYM In IN cases NNS where WRB the DT Copyright NP Royalty NP Judges NPS determine VVP that DT controversy NN exists VVZ , , the DT Copyright NP Royalty NP Judges NPS shall MD determine VV the DT distribution NN of IN such JJ fees NNS , , including VVG partial JJ distributions NNS , , in IN accordance NN with IN section NN 111 CD , , 119 CD , , or CC 1007 CD , , as IN the DT case NN may MD be VB . SENT C SYM The DT Copyright NP Royalty NP Judges NPS may MD make VV a DT partial JJ distribution NN of IN such JJ fees NNS during IN the DT pendency NN of IN the DT proceeding NN under IN subparagraph NN B NN if IN all DT participants NNS under IN section NN 803 CD b SYM 2 CD in IN the DT proceeding NN that WDT are VBP entitled VVN to TO receive VV those DT fees NNS that WDT are VBP to TO be VB partially RB distributed VVN i NP agree VV to TO such JJ partial JJ distribution NN . SENT ii NNS sign VV an DT agreement NN obligating VVG them PP to TO return VV any DT excess JJ amounts NNS to TO the DT extent NN necessary JJ to TO comply VV with IN the DT final JJ determination NN on IN the DT distribution NN of IN the DT fees NNS made VVN under IN subparagraph NN B NN . SENT iii NNS file VVP the DT agreement NN with IN the DT Copyright NP Royalty NP Judges NPS . SENT and CC iv JJS agree VVP that IN such JJ funds NNS are VBP available JJ for IN distribution NN . SENT D SYM The DT Copyright NP Royalty NP Judges NPS and CC any DT other JJ officer NN or CC employee NN acting VVG in IN good JJ faith NN in IN distributing VVG funds NNS under IN subparagraph NN C NP shall MD not RB be VB held VVN liable JJ for IN the DT payment NN of IN any DT excess JJ fees NNS under IN subparagraph NN C NP . SENT The DT Copyright NP Page NP 118 CD STAT NN . SENT 2344 CD Royalty NP Judges NPS shall MD , , at IN the DT time NN the DT final JJ determination NN is VBZ made VVN , , calculate VVP any DT such JJ excess JJ amounts NNS . SENT 4 LS To TO accept VV or CC reject VV royalty NN claims NNS filed VVN under IN sections NNS 111 CD , , 119 CD , , and CC 1007 CD , , on IN the DT basis NN of IN timeliness NN or CC the DT failure NN to TO establish VV the DT basis NN for IN a DT claim NN . SENT 5 LS To TO accept VV or CC reject VV rate NN adjustment NN petitions NNS as RB provided VVN in IN section NN 804 CD and CC petitions NNS to TO participate VV as IN provided VVN in IN section NN 803 CD b SYM 1 CD and CC 2 CD . SENT 6 CD To TO determine VV the DT status NN of IN a DT digital JJ audio JJ recording NN device NN or CC a DT digital JJ audio JJ interface NN device NN under IN sections NNS 1002 CD and CC 1003 CD , , as RB provided VVN in IN section NN 1010 CD . SENT 7 CD A NP To TO adopt VV as IN a DT basis NN for IN statutory JJ terms NNS and CC rates NNS or CC as IN a DT basis NN for IN the DT distribution NN of IN statutory JJ royalty NN payments NNS , , an DT agreement NN concerning VVG such JJ matters NNS reached VVN among IN some DT or CC all DT of IN the DT participants NNS in IN a DT proceeding NN at IN any DT time NN during IN the DT proceeding NN , , except IN that WDT i NP the DT Copyright NP Royalty NP Judges NPS shall MD provide VV to TO those DT that WDT would MD be VB bound VVN by IN the DT terms NNS , , rates NNS , , or CC other JJ determination NN set VVN by IN any DT agreement NN in IN a DT proceeding NN to TO determine VV royalty NN rates NNS an DT opportunity NN to TO comment VV on IN the DT agreement NN and CC shall MD provide VV to TO participants NNS in IN the DT proceeding NN under IN section NN 803 CD b SYM 2 CD that WDT would MD be VB bound VVN by IN the DT terms NNS , , rates NNS , , or CC other JJ determination NN set VVN by IN the DT agreement NN an DT opportunity NN to TO comment VV on IN the DT agreement NN and CC object VV to TO its PP$ adoption NN as IN a DT basis NN for IN statutory JJ terms NNS and CC rates NNS . SENT and CC ii NP the DT Copyright NP Royalty NP Judges NPS may MD decline VV to TO adopt VV the DT agreement NN as IN a DT basis NN for IN statutory JJ terms NNS and CC rates NNS for IN participants NNS that WDT are VBP not RB parties NNS to TO the DT agreement NN , , if IN any DT participant NN described VVN in IN clause NN i NP objects NNS to TO the DT agreement NN and CC the DT Copyright NP Royalty NP Judges NPS conclude VVP , , based VVN on IN the DT record NN before IN them PP if IN one PP exists VVZ , , that IN the DT agreement NN does VVZ not RB provide VV a DT reasonable JJ basis NN for IN setting VVG statutory JJ terms NNS or CC rates NNS . SENT B SYM License NN agreements NNS voluntarily RB negotiated VVD pursuant JJ to TO section NN 112 CD e NN 5 CD , , 114 CD f SYM 3 CD , , 115 CD c SYM 3 CD E NN i NP , , 116 CD c SYM , , or CC 118 CD b SYM 2 CD that RB do VVP not RB result VV in IN statutory JJ terms NNS and CC rates NNS shall MD not RB be VB subject JJ to TO clauses NNS i NP and CC ii NP of IN subparagraph NP A NP . SENT C SYM Interested VVN parties NNS may MD negotiate VV and CC agree VV to TO , , and CC the DT Copyright NP Royalty NP Judges NPS may MD adopt VV , , an DT agreement NN that WDT specifies VVZ as IN terms NNS notice NN and CC recordkeeping VVG requirements NNS that WDT apply VVP in IN lieu NN of IN those DT that WDT would MD otherwise RB apply VV under IN regulations NNS . SENT 8 CD To TO perform VV other JJ duties NNS , , as RB assigned VVN by IN the DT Register NP of IN Copyrights NNS within IN the DT Library NN of IN Congress NP , , except IN as RB provided VVN in IN section NN 802 CD g NN , , at IN times NNS when WRB Copyright NP Royalty NP Judges NPS are VBP not RB engaged VVN in IN performing VVG the DT other JJ duties NNS set VVN forth RB in IN this DT section NN . SENT c SYM Rulings NNS . SENT The DT Copyright NP Royalty NP Judges NPS may MD make VV any DT necessary JJ procedural JJ or CC evidentiary JJ rulings NNS in IN any DT proceeding NN under IN this DT chapter NN and CC may MD , , before IN commencing VVG a DT proceeding NN under IN this DT chapter NN , , make VV any DT such JJ rulings NNS that WDT would MD apply VV to TO the DT proceedings NNS conducted VVN by IN the DT Copyright NP Royalty NP Judges NPS . SENT d SYM Administrative NP Support NN . SENT The DT Librarian NN of IN Congress NP shall MD provide VV the DT Copyright NP Royalty NP Judges NPS with IN the DT necessary JJ administrative JJ services NNS related VVN to TO proceedings NNS under IN this DT chapter NN . SENT Page NN 118 CD STAT NN . SENT 2345 CD e SYM Location NP in IN Library NN of IN Congress NP . SENT The DT offices NNS of IN the DT Copyright NP Royalty NP Judges NPS and CC staff NN shall MD be VB in IN the DT Library NN of IN Congress NP . SENT Sec NN . SENT 802 CD . SENT Copyright NP Royalty NP Judgeships NNS . SENT staff NN a DT Qualifications NNS of IN Copyright NP Royalty NP Judges NPS . SENT 1 CD In IN general NN . SENT Each DT Copyright NP Royalty NP Judge NP shall MD be VB an DT attorney NN who WP has VHZ at IN least JJS 7 CD years NNS of IN legal JJ experience NN . SENT The DT Chief NP Copyright NP Royalty NP Judge NP shall MD have VH at IN least JJS 5 CD years NNS of IN experience NN in IN adjudications NNS , , arbitrations NNS , , or CC court NN trials NNS . SENT Of IN the DT other JJ 2 CD Copyright NP Royalty NP Judges NP , , 1 CD shall MD have VH significant JJ knowledge NN of IN copyright NN law NN , , and CC the DT other JJ shall MD have VH significant JJ knowledge NN of IN economics NNS . SENT An DT individual NN may MD serve VV as IN a DT Copyright NP Royalty NP Judge NP only RB if IN the DT individual NN is VBZ free JJ of IN any DT financial JJ conflict NN of IN interest NN under IN subsection NN h NN . SENT 2 CD Definition NN . SENT In IN this DT subsection NN , , the DT term NN adjudication NN has VHZ the DT meaning NN given VVN that IN term NN in IN section NN 551 CD of IN title NN 5 CD , , but CC does VVZ not RB include VV mediation NN . SENT b SYM Staff NP . SENT The DT Chief NP Copyright NP Royalty NP Judge NP shall MD hire VV 3 CD full JJ time NN staff NN members NNS to TO assist VV the DT Copyright NP Royalty NP Judges NPS in IN performing VVG their PP$ functions NNS . SENT c SYM Terms NNS . SENT The DT individual JJ first JJ appointed VVN as IN the DT Chief NP Copyright NP Royalty NP Judge NP shall MD be VB appointed VVN to TO a DT term NN of IN 6 CD years NNS , , and CC of IN the DT remaining VVG individuals NNS first RB appointed VVN as IN Copyright NP Royalty NP Judges NP , , 1 CD shall MD be VB appointed VVN to TO a DT term NN of IN 4 CD years NNS , , and CC the DT other JJ shall MD be VB appointed VVN to TO a DT term NN of IN 2 CD years NNS . SENT Thereafter RB , , the DT terms NNS of IN succeeding VVG Copyright NP Royalty NP Judges NPS shall MD each DT be VB 6 CD years NNS . SENT An DT individual NN serving VVG as IN a DT Copyright NP Royalty NP Judge NP may MD be VB reappointed VVN to TO subsequent JJ terms NNS . SENT The DT term NN of IN a DT Copyright NP Royalty NP Judge NP shall MD begin VV when WRB the DT term NN of IN the DT predecessor NN of IN that DT Copyright NP Royalty NP Judge NP ends VVZ . SENT When WRB the DT term NN of IN office NN of IN a DT Copyright NP Royalty NP Judge NP ends VVZ , , the DT individual NN serving VVG that DT term NN may MD continue VV to TO serve VV until IN a DT successor NN is VBZ selected VVN . SENT d SYM Vacancies NNS or CC Incapacity NN . SENT 1 CD Vacancies NNS . SENT If IN a DT vacancy NN should MD occur VV in IN the DT position NN of IN Copyright NP Royalty NP Judge NP , , the DT Librarian NN of IN Congress NP shall MD act VV expeditiously RB to TO fill VV the DT vacancy NN , , and CC may MD appoint VV an DT interim JJ Copyright NP Royalty NP Judge NP to TO serve VV until IN another DT Copyright NP Royalty NP Judge NP is VBZ appointed VVN under IN this DT section NN . SENT An DT individual NN appointed VVN to TO fill VV the DT vacancy NN occurring VVG before IN the DT expiration NN of IN the DT term NN for IN which WDT the DT predecessor NN of IN that DT individual NN was VBD appointed VVN shall MD be VB appointed VVN for IN the DT remainder NN of IN that DT term NN . SENT 2 CD Incapacity NN . SENT In IN the DT case NN in IN which WDT a DT Copyright NP Royalty NP Judge NP is VBZ temporarily RB unable JJ to TO perform VV his PP$ or CC her PP$ duties NNS , , the DT Librarian NN of IN Congress NP may MD appoint VV an DT interim JJ Copyright NP Royalty NP Judge NP to TO perform VV such JJ duties NNS during IN the DT period NN of IN such JJ incapacity NN . SENT e SYM Compensation NN . SENT 1 CD Judges NNS . SENT The DT Chief NP Copyright NP Royalty NP Judge NP shall MD receive VV compensation NN at IN the DT rate NN of IN basic JJ pay NN payable JJ for IN level NN AL NP 1 CD for IN administrative JJ law NN judges NNS pursuant JJ to TO section NN 5372 CD b SYM of IN title NN 5 CD , , and CC each DT of IN the DT other JJ two CD Copyright NP Royalty NP Judges NPS shall MD receive VV compensation NN at IN the DT rate NN of IN basic JJ pay NN payable JJ for IN level NN AL NP 2 CD for IN administrative JJ law NN judges NNS pursuant JJ to TO such JJ section NN . SENT The DT compensation NN of IN the DT Copyright NP Royalty NP Judges NPS shall MD not RB be VB subject JJ to TO any DT regulations NNS adopted VVN by IN the DT Office NP Page NP 118 CD STAT NN . SENT 2346 CD of IN Personnel NP Management NP pursuant JJ to TO its PP$ authority NN under IN section NN 5376 CD b SYM 1 CD of IN title NN 5 CD . SENT 2 CD Staff NP members NNS . SENT Of IN the DT staff NN members NNS appointed VVN under IN subsection NN b NN A DT the DT rate NN of IN pay NN of IN 1 CD staff NN member NN shall MD be VB not RB more JJR than IN the DT basic JJ rate NN of IN pay NN payable JJ for IN level NN 10 CD of IN GS NP 15 CD of IN the DT General NP Schedule NN . SENT B SYM the DT rate NN of IN pay NN of IN 1 CD staff NN member NN shall MD be VB not RB less JJR than IN the DT basic JJ rate NN of IN pay NN payable JJ for IN GS NP 13 CD of IN the DT General NP Schedule NN and CC not RB more RBR than IN the DT basic JJ rate NN of IN pay NN payable JJ for IN level NN 10 CD of IN GS NP 14 CD of IN such JJ Schedule NN . SENT and CC C NP the DT rate NN of IN pay NN for IN the DT third JJ staff NN member NN shall MD be VB not RB less JJR than IN the DT basic JJ rate NN of IN pay NN payable JJ for IN GS NP 8 CD of IN the DT General NP Schedule NN and CC not RB more RBR than IN the DT basic JJ rate NN of IN pay NN payable JJ for IN level NN 10 CD of IN GS NP 11 CD of IN such JJ Schedule NN . SENT 3 CD Locality NN pay NN . SENT All DT rates NNS of IN pay NN referred VVD to TO under IN this DT subsection NN shall MD include VV locality NN pay NN . SENT f SYM Independence NN of IN Copyright NP Royalty NP Judge NP . SENT 1 CD In IN making VVG determinations NNS . SENT A DT In IN general JJ . SENT i NP Subject NN to TO clause NN ii NNS of IN this DT subparagraph NN and CC subparagraph NN B NN , , the DT Copyright NP Royalty NP Judges NPS shall MD have VH full JJ independence NN in IN making VVG determinations NNS concerning VVG adjustments NNS and CC determinations NNS of IN copyright NN royalty NN rates NNS and CC terms NNS , , the DT distribution NN of IN copyright NN royalties NNS , , the DT acceptance NN or CC rejection NN of IN royalty NN claims NNS , , rate NN adjustment NN petitions NNS , , and CC petitions NNS to TO participate VV , , and CC in IN issuing VVG other JJ rulings NNS under IN this DT title NN , , except IN that WDT the DT Copyright NP Royalty NP Judges NPS may MD consult VV with IN the DT Register NP of IN Copyrights NNS on IN any DT matter NN other JJ than IN a DT question NN of IN fact NN . SENT ii NP A NP Copyright NP Royalty NP Judge NP or CC Judges NPS , , or CC , , by IN motion NN to TO the DT Copyright NP Royalty NP Judge NP or CC Judges NP , , any DT participant NN in IN a DT proceeding NN may MD request VV an DT interpretation NN by IN the DT Register NP of IN Copyrights NNS concerning VVG any DT material NN question NN of IN substantive JJ law NN not RB including VVG questions NNS of IN procedure NN before IN the DT Copyright NP Royalty NP Judges NPS , , the DT ultimate JJ adjustments NNS and CC determinations NNS of IN copyright NN royalty NN rates NNS and CC terms NNS , , the DT ultimate JJ distribution NN of IN copyright NN royalties NNS , , or CC the DT acceptance NN or CC rejection NN of IN royalty NN claims NNS , , rate NN adjustment NN petitions NNS , , or CC petitions NNS to TO participate VV concerning VVG an DT interpretation NN or CC construction NN of IN those DT provisions NNS of IN this DT title NN that WDT are VBP the DT subject NN of IN the DT proceeding NN . SENT Any DT such JJ request NN for IN a DT written JJ interpretation NN by IN the DT Register NP of IN Copyrights NNS shall MD be VB on IN the DT record NN . SENT Reasonable JJ provision NN shall MD be VB made VVN for IN comment NN by IN the DT participants NNS in IN the DT proceeding NN on IN the DT material NN question NN of IN substantive JJ law NN in IN such PDT a DT way NN as RB to TO minimize VV duplication NN and CC delay NN . SENT NOTE NN . SENT Deadline NN . SENT Except IN as RB provided VVN in IN subparagraph NN B NP , , the DT Register NP of IN Copyrights NNS shall MD deliver VV to TO the DT Copyright NP Royalty NP Judges NPS a DT response NN within IN 14 CD days NNS after IN the DT Register NP of IN Copyrigts NP receives VVZ all DT of IN the DT briefs NNS or CC comments NNS of IN the DT participants NNS . SENT NOTE NN . SENT Records NPS . SENT Such JJ decision NN shall MD be VB in IN writing VVG and CC shall MD be VB included VVN by IN the DT Copyright NP Royalty NP Judges NPS in IN the DT record NN that WDT accompanies VVZ their PP$ final JJ determination NN . SENT If IN such PDT a DT decision NN is VBZ timely JJ delivered VVN to TO the DT Copyright NP Royalty NP Judges NPS , , the DT Copyright NP Royalty NP Judges NPS shall MD apply VV the DT legal JJ interpretation NN embodied VVN in IN the DT response NN of IN the DT Register NP of IN Copyrights NNS in IN resolving VVG material NN questions NNS of IN substantive JJ law NN . SENT Page NN 118 CD STAT NN . SENT 2347 CD B NP Novel NP questions NNS . SENT i NP In IN any DT case NN in IN which WDT a DT novel JJ material NN question NN of IN substantive JJ law NN concerning VVG an DT interpretation NN of IN those DT provisions NNS of IN this DT title NN that WDT are VBP the DT subject NN of IN the DT proceeding NN is VBZ presented VVN , , the DT Copyright NP Royalty NP Judges NPS shall MD request VV a DT decision NN of IN the DT Register NP of IN Copyrights NNS , , in IN writing NN , , to TO resolve VV such JJ novel NN question NN . SENT Reasonable JJ provision NN shall MD be VB made VVN for IN comment NN on IN such JJ request NN by IN the DT participants NNS in IN the DT proceeding NN , , in IN such PDT a DT way NN as RB to TO minimize VV duplication NN and CC delay NN . SENT NOTE NN . SENT Deadline NN . SENT The DT Register NP of IN Copyrights NNS shall MD transmit VV his PP$ or CC her PP$ decision NN to TO the DT Copyright NP Royalty NP Judges NPS within IN 30 CD days NNS after IN the DT Register NP of IN Copyrights NNS receives VVZ all DT of IN the DT briefs NNS or CC comments NNS of IN the DT participants NNS . SENT NOTE NN . SENT Records NPS . SENT Such JJ decision NN shall MD be VB in IN writing VVG and CC included VVD by IN the DT Copyright NP Royalty NP Judges NPS in IN the DT record NN that WDT accompanies VVZ their PP$ final JJ determination NN . SENT If IN such PDT a DT decision NN is VBZ timely JJ delivered VVN to TO the DT Copyright NP Royalty NP Judges NPS , , the DT Copyright NP Royalty NP Judges NPS shall MD apply VV the DT legal JJ determinations NNS embodied VVN in IN the DT decision NN of IN the DT Register NP of IN Copyrights NNS in IN resolving VVG material NN questions NNS of IN substantive JJ law NN . SENT ii NNS In IN clause NN i NP , , a DT novel NN question NN of IN law NN is VBZ a DT question NN of IN law NN that WDT has VHZ not RB been VBN determined VVN in IN prior JJ decisions NNS , , determinations NNS , , and CC rulings NNS described VVN in IN section NN 803 CD a DT . SENT C SYM Consultation NN . SENT Notwithstanding IN the DT provisions NNS of IN subparagraph NN A NP , , the DT Copyright NP Royalty NP Judges NPS shall MD consult VV with IN the DT Register NP of IN Copyrights NNS with IN respect NN to TO any DT determination NN or CC ruling NN that WDT would MD require VV that IN any DT act NN be VB performed VVN by IN the DT Copyright NP Office NP , , and CC any DT such JJ determination NN or CC ruling NN shall MD not RB be VB binding VVG upon IN the DT Register NP of IN Copyrights NNS . SENT D NP Review NP of IN legal JJ conclusions NNS by IN the DT register NN of IN copyrights NNS . SENT The DT Register NP of IN Copyrights NNS may MD review VV for IN legal JJ error NN the DT resolution NN by IN the DT Copyright NP Royalty NP Judges NPS of IN a DT material NN question NN of IN substantive JJ law NN under IN this DT title NN that WDT underlies VVZ or CC is VBZ contained VVN in IN a DT final JJ determination NN of IN the DT Copyright NP Royalty NP Judges NPS . SENT NOTE NN . SENT Records NPS . SENT If IN the DT Register NP of IN Copyrights NNS concludes VVZ , , after IN taking VVG into IN consideration NN the DT views NNS of IN the DT participants NNS in IN the DT proceeding NN , , that IN any DT resolution NN reached VVN by IN the DT Copyright NP Royalty NP Judges NPS was VBD in IN material NN error NN , , the DT Register NP of IN Copyrights NNS shall MD issue VV a DT written JJ decision NN correcting VVG such JJ legal JJ error NN , , which WDT shall MD be VB made VVN part NN of IN the DT record NN of IN the DT proceeding NN . SENT NOTE NN . SENT Deadline NN . SENT The DT Register NP of IN Copyrights NNS shall MD issue VV such JJ written JJ decision NN not RB later RBR than IN 60 CD days NNS after IN the DT date NN on IN which WDT the DT final JJ determination NN by IN the DT Copyright NP Royalty NP Judges NPS is VBZ issued VVN . SENT NOTE NN . SENT Federal NP Register NP , , publication NN . SENT Additionally RB , , the DT Register NP of IN Copyrights NNS shall MD cause VV to TO be VB published VVN in IN the DT Federal NP Register NP such JJ written JJ decision NN , , together RB with IN a DT specific JJ identification NN of IN the DT legal JJ conclusion NN of IN the DT Copyright NP Royalty NP Judges NP that WDT is VBZ determined VVN to TO be VB erroneous JJ . SENT As RB to TO conclusions NNS of IN substantive JJ law NN involving VVG an DT interpretation NN of IN the DT statutory JJ provisions NNS of IN this DT title NN , , the DT decision NN of IN the DT Register NP of IN Copyrights NNS shall MD be VB binding VVG as IN precedent NN upon IN the DT Copyright NP Royalty NP Judges NPS in IN subsequent JJ proceedings NNS under IN this DT chapter NN . SENT When WRB a DT decision NN has VHZ been VBN rendered VVN pursuant JJ to TO this DT subparagraph NN , , the DT Register NP of IN Copyrights NNS may MD , , on IN the DT basis NN of IN and CC in IN accordance NN with IN such JJ decision NN , , intervene VV as RB of IN right NN in IN any DT appeal NN of IN a DT final JJ determination NN of IN the DT Copyright NP Royalty NP Judges NPS Page NP 118 CD STAT NN . SENT 2348 CD pursuant JJ to TO section NN 803 CD d SYM in IN the DT United NP States NPS Court NP of IN Appeals NPS for IN the DT District NP of IN Columbia NP Circuit NP . SENT If IN , , prior RB to TO intervening VVG in IN such PDT an DT appeal NN , , the DT Register NP of IN Copyrights NNS gives VVZ notification NN to TO , , and CC undertakes VVZ to TO consult VV with IN the DT Attorney NP General NP with IN respect NN to TO such JJ intervention NN , , and CC the DT Attorney NP General NP fails VVZ , , within IN a DT reasonable JJ period NN after IN receiving VVG such JJ notification NN , , to TO intervene VV in IN such JJ appeal NN , , the DT Register NP of IN Copyrights NNS may MD intervene VV in IN such JJ appeal NN in IN his PP$ or CC her PP$ own JJ name NN by IN any DT attorney NN designated VVN by IN the DT Register NP of IN Copyrights NNS for IN such JJ purpose NN . SENT Intervention NN by IN the DT Register NP of IN Copyrights NNS in IN his PP$ or CC her PP$ own JJ name NN shall MD not RB preclude VV the DT Attorney NP General NP from IN intervening VVG on IN behalf NN of IN the DT United NP States NPS in IN such PDT an DT appeal NN as RB may MD be VB otherwise RB provided VVN or CC required VVN by IN law NN . SENT E SYM Effect NN on IN judicial JJ review NN . SENT Nothing NN in IN this DT section NN shall MD be VB interpreted VVN to TO alter VV the DT standard NN applied VVN by IN a DT court NN in IN reviewing VVG legal JJ determinations NNS involving VVG an DT interpretation NN or CC construction NN of IN the DT provisions NNS of IN this DT title NN or CC to TO affect VV the DT extent NN to TO which WDT any DT construction NN or CC interpretation NN of IN the DT provisions NNS of IN this DT title NN shall MD be VB accorded VVN deference NN by IN a DT reviewing VVG court NN . SENT 2 CD Performance NP appraisals NNS . SENT A DT In IN general JJ . SENT Notwithstanding IN any DT other JJ provision NN of IN law NN or CC any DT regulation NN of IN the DT Library NN of IN Congress NP , , and CC subject JJ to TO subparagraph NN B NP , , the DT Copyright NP Royalty NP Judges NPS shall MD not RB receive VV performance NN appraisals NNS . SENT B SYM Relating VVG to TO sanction NN or CC removal NN . SENT To TO the DT extent NN that IN the DT Librarian NN of IN Congress NP adopts VVZ regulations NNS under IN subsection NN h NN relating VVG to TO the DT sanction NN or CC removal NN of IN a DT Copyright NP Royalty NP Judge NP and CC such JJ regulations NNS require VVP documentation NN to TO establish VV the DT cause NN of IN such JJ sanction NN or CC removal NN , , the DT Copyright NP Royalty NP Judge NP may MD receive VV an DT appraisal NN related VVN specifically RB to TO the DT cause NN of IN the DT sanction NN or CC removal NN . SENT g NN Inconsistent JJ Duties NNS Barred VVD . SENT No DT Copyright NP Royalty NP Judge NP may MD undertake VV duties NNS that IN conflict NN with IN his PP$ or CC her PP$ duties NNS and CC responsibilities NNS as IN a DT Copyright NP Royalty NP Judge NP . SENT h NN NOTE NN . SENT Regulations NNS . SENT Standards NNS of IN Conduct NP . SENT The DT Librarian NN of IN Congress NP shall MD adopt VV regulations NNS regarding VVG the DT standards NNS of IN conduct NN , , including VVG financial JJ conflict NN of IN interest NN and CC restrictions NNS against IN ex JJ parte NN communications NNS , , which WDT shall MD govern VV the DT Copyright NP Royalty NP Judges NPS and CC the DT proceedings NNS under IN this DT chapter NN . SENT i NP Removal NN or CC Sanction NN . SENT The DT Librarian NN of IN Congress NP may MD sanction VV or CC remove VV a DT Copyright NP Royalty NP Judge NP for IN violation NN of IN the DT standards NNS of IN conduct NN adopted VVN under IN subsection NN h NN , , misconduct NN , , neglect NN of IN duty NN , , or CC any DT disqualifying VVG physical JJ or CC mental JJ disability NN . SENT Any DT NOTE NN . SENT Notice NN . SENT such JJ sanction NN or CC removal NN may MD be VB made VVN only RB after IN notice NN and CC opportunity NN for IN a DT hearing NN , , but CC the DT Librarian NN of IN Congress NP may MD suspend VV the DT Copyright NP Royalty NP Judge NP during IN the DT pendency NN of IN such JJ hearing NN . SENT The DT Librarian NN shall MD appoint VV an DT interim JJ Copyright NP Royalty NP Judge NP during IN the DT period NN of IN any DT such JJ suspension NN . SENT Sec NN . SENT 803 CD . SENT Proceedings NNS of IN Copyright NP Royalty NP Judges NPS a DT Proceedings NNS . SENT 1 CD NOTE NN . SENT Regulations NNS . SENT Records NPS . SENT In IN general NN . SENT The DT Copyright NP Royalty NP Judges NPS shall MD act VV in IN accordance NN with IN regulations NNS issued VVN by IN the DT Copyright NP Royalty NP Judges NPS and CC the DT Librarian NN of IN Congress NP , , and CC on IN the DT basis NN of IN Page NP 118 CD STAT NN . SENT 2349 RB a DT written JJ record NN , , prior JJ determinations NNS and CC interpretations NNS of IN the DT Copyright NP Royalty NP Tribunal NN , , Librarian NN of IN Congress NP , , the DT Register NP of IN Copyrights NNS , , and CC the DT Copyright NP Royalty NP Judges NPS to TO the DT extent NN those DT determinations NNS are VBP not RB inconsistent JJ with IN a DT decision NN of IN the DT Register NP of IN Copyrights NNS that WDT was VBD timely JJ delivered VVN to TO the DT Copyright NP Royalty NP Judges NPS pursuant JJ to TO section NN 802 CD f SYM 1 CD A NP or CC B NP , , or CC with IN a DT decision NN of IN the DT Register NP of IN Copyrights NNS pursuant JJ to TO section NN 802 CD f SYM 1 CD D NP , , under IN this DT chapter NN , , and CC decisions NNS of IN the DT court NN of IN appeals NNS under IN this DT chapter NN before IN , , on IN , , or CC after IN the DT effective JJ date NN of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD . SENT 2 CD Judges NNS acting VVG as IN panel NN and CC individually RB . SENT The DT Copyright NP Royalty NP Judges NPS shall MD preside VV over IN hearings NNS in IN proceedings NNS under IN this DT chapter NN en IN banc NN . SENT The DT Chief NP Copyright NP Royalty NP Judge NP may MD designate VV a DT Copyright NP Royalty NP Judge NP to TO preside VV individually RB over IN such JJ collateral NN and CC administrative JJ proceedings NNS , , and CC over IN such JJ proceedings NNS under IN paragraphs NNS 1 CD through IN 5 CD of IN subsection NN b NN , , as IN the DT Chief NP Judge NP considers VVZ appropriate JJ . SENT 3 CD Determinations NNS . SENT Final JJ determinations NNS of IN the DT Copyright NP Royalty NP Judges NPS in IN proceedings NNS under IN this DT chapter NN shall MD be VB made VVN by IN majority NN vote NN . SENT A DT Copyright NP Royalty NP Judge NP dissenting JJ from IN the DT majority NN on IN any DT determination NN under IN this DT chapter NN may MD issue VV his PP$ or CC her PP$ dissenting JJ opinion NN , , which WDT shall MD be VB included VVN with IN the DT determination NN . SENT b SYM Procedures NNS . SENT 1 CD Initiation NN . SENT A DT NOTE NN . SENT Federal NP Register NP , , publication NN . SENT Notices NNS . SENT Deadlines NNS . SENT Call NN for IN petitions NNS to TO participate VV . SENT i NP The NP Copyright NP Royalty NP Judges NPS shall MD cause VV to TO be VB published VVN in IN the DT Federal NP Register NP notice NN of IN commencement NN of IN proceedings NNS under IN this DT chapter NN , , calling VVG for IN the DT filing NN of IN petitions NNS to TO participate VV in IN a DT proceeding NN under IN this DT chapter NN for IN the DT purpose NN of IN making VVG the DT relevant JJ determination NN under IN section NN 111 CD , , 112 CD , , 114 CD , , 115 CD , , 116 CD , , 118 CD , , 119 CD , , 1004 CD , , or CC 1007 CD , , as IN the DT case NN may MD be VB I PP promptly RB upon IN a DT determination NN made VVN under IN section NN 804 CD a DT . SENT II NP by IN no DT later RBR than IN January NP 5 CD of IN a DT year NN specified VVN in IN paragraph NN 2 CD of IN section NN 804 CD b SYM for IN the DT commencement NN of IN proceedings NNS . SENT III NP by IN no DT later RBR than IN January NP 5 CD of IN a DT year NN specified VVN in IN subparagraph NN A NP or CC B NP of IN paragraph NN 3 CD of IN section NN 804 CD b SYM for IN the DT commencement NN of IN proceedings NNS , , or CC as RB otherwise RB provided VVN in IN subparagraph NN A NP or CC C NP of IN such JJ paragraph NN for IN the DT commencement NN of IN proceedings NNS . SENT IV NP as RB provided VVD under IN section NN 804 CD b SYM 8 CD . SENT or CC V NN by IN no DT later RBR than IN January NP 5 CD of IN a DT year NN specified VVN in IN any DT other JJ provision NN of IN section NN 804 CD b SYM for IN the DT filing NN of IN petitions NNS for IN the DT commencement NN of IN proceedings NNS , , if IN a DT petition NN has VHZ not RB been VBN filed VVN by IN that DT date NN . SENT ii NN Petitions NNS to TO participate VV shall MD be VB filed VVN by IN no DT later JJR than IN 30 CD days NNS after IN publication NN of IN notice NN of IN commencement NN of IN a DT proceeding NN under IN clause NN i NP , , except IN that WDT the DT Copyright NP Royalty NP Judges NPS may MD , , for IN substantial JJ good JJ cause NN shown VVN and CC if IN there EX is VBZ no DT prejudice NN to TO the DT participants NNS that WDT have VHP already RB filed VVN petitions NNS , , accept VV late JJ petitions NNS to TO participate VV at IN any DT time NN up RB to TO the DT date NN that WDT is VBZ 90 CD days NNS before IN the DT Page NP 118 CD STAT NN . SENT 2350 CD date NN on IN which WDT participants NNS in IN the DT proceeding NN are VBP to TO file VV their PP$ written JJ direct JJ statements NNS . SENT Notwithstanding IN the DT preceding JJ sentence NN , , petitioners NNS whose WP$ petitions NNS are VBP filed VVN more JJR than IN 30 CD days NNS after IN publication NN of IN notice NN of IN commencement NN of IN a DT proceeding NN are VBP not RB eligible JJ to TO object VV to TO a DT settlement NN reached VVN during IN the DT voluntary JJ negotiation NN period NN under IN paragraph NN 3 CD , , and CC any DT objection NN filed VVN by IN such PDT a DT petitioner NN shall MD not RB be VB taken VVN into IN account NN by IN the DT Copyright NP Royalty NP Judges NPS . SENT B NP Petitions NNS to TO participate VV . SENT Each DT petition NN to TO participate VV in IN a DT proceeding NN shall MD describe VV the DT petitioner's JJ interest NN in IN the DT subject JJ matter NN of IN the DT proceeding NN . SENT Parties NNS with IN similar JJ interests NNS may MD file VV a DT single JJ petition NN to TO participate VV . SENT 2 CD Participation NN in IN general NN . SENT Subject JJ to TO paragraph NN 4 CD , , a DT person NN may MD participate VV in IN a DT proceeding NN under IN this DT chapter NN , , including VVG through IN the DT submission NN of IN briefs NNS or CC other JJ information NN , , only RB if IN A DT that WDT person NN has VHZ filed VVN a DT petition NN to TO participate VV in IN accordance NN with IN paragraph NN 1 CD either CC individually RB or CC as IN a DT group NN under IN paragraph NN 1 CD B NN , , together RB with IN a DT filing NN fee NN of IN 150 CD . SENT B SYM the DT Copyright NP Royalty NP Judges NPS have VHP not RB determined VVN that IN the DT petition NN to TO participate VV is VBZ facially RB invalid JJ . SENT and CC C NP the DT Copyright NP Royalty NP Judges NPS have VHP not RB determined VVN , , sua NN sponte NN or CC on IN the DT motion NN of IN another DT participant NN in IN the DT proceeding NN , , that IN the DT person NN lacks VVZ a DT significant JJ interest NN in IN the DT proceeding NN . SENT 3 CD Voluntary JJ negotiation NN period NN . SENT A DT NOTE NN . SENT Records NPS . SENT In IN general NN . SENT Promptly RB after IN the DT date NN for IN filing NN of IN petitions NNS to TO participate VV in IN a DT proceeding NN , , the DT Copyright NP Royalty NP Judges NPS shall MD make VV available JJ to TO all DT participants NNS in IN the DT proceeding NN a DT list NN of IN such JJ participants NNS and CC shall MD initiate VV a DT voluntary JJ negotiation NN period NN among IN the DT participants NNS . SENT B SYM Length NN of IN proceedings NNS . SENT The DT voluntary JJ negotiation NN period NN initiated VVN under IN subparagraph NN A DT shall MD be VB 3 CD months NNS . SENT C SYM Determination NN of IN subsequent JJ proceedings NNS . SENT At IN the DT close NN of IN the DT voluntary JJ negotiation NN proceedings NNS , , the DT Copyright NP Royalty NP Judges NPS shall MD , , if IN further JJR proceedings NNS under IN this DT chapter NN are VBP necessary JJ , , determine VV whether IN and CC to TO what WP extent NN paragraphs VVZ 4 CD and CC 5 CD will MD apply VV to TO the DT parties NNS . SENT 4 CD Small JJ claims NNS procedure NN in IN distribution NN proceedings NNS . SENT A DT In IN general JJ . SENT If IN , , in IN a DT proceeding NN under IN this DT chapter NN to TO determine VV the DT distribution NN of IN royalties NNS , , the DT contested JJ amount NN of IN a DT claim NN is VBZ 10 CD , , 000 CD or CC less JJR , , the DT Copyright NP Royalty NP Judges NPS shall MD decide VV the DT controversy NN on IN the DT basis NN of IN the DT filing NN of IN the DT written JJ direct JJ statement NN by IN the DT participant NN , , the DT response NN by IN any DT opposing VVG participant NN , , and CC 1 CD additional JJ response NN by IN each DT such JJ party NN . SENT The DT participant NN asserting VVG the DT claim NN shall MD not RB be VB required VVN to TO pay VV the DT filing NN fee NN under IN paragraph NN 2 CD . SENT B NP Bad NP faith NN inflation NN of IN claim NN . SENT If IN the DT Copyright NP Royalty NP Judges NPS determine VVP that IN a DT participant NN asserts VVZ in IN Page NP 118 CD STAT NN . SENT 2351 CD bad JJ faith NN an DT amount NN in IN controversy NN in IN excess NN of IN 10 CD , , 000 CD for IN the DT purpose NN of IN avoiding VVG a DT determination NN under IN the DT procedure NN set VVD forth RB in IN subparagraph NN A NP , , the DT Copyright NP Royalty NP Judges NPS shall MD impose VV a DT fine NN on IN that DT participant NN in IN an DT amount NN not RB to TO exceed VV the DT difference NN between IN the DT actual JJ amount NN distributed VVN and CC the DT amount NN asserted VVD by IN the DT participant NN . SENT 5 CD Paper NP proceedings NNS . SENT The DT Copyright NP Royalty NP Judges NPS in IN proceedings NNS under IN this DT chapter NN may MD decide VV , , sua NN sponte NN or CC upon IN motion NN of IN a DT participant NN , , to TO determine VV issues NNS on IN the DT basis NN of IN the DT filing NN of IN the DT written JJ direct JJ statement NN by IN the DT participant NN , , the DT response NN by IN any DT opposing VVG participant NN , , and CC one CD additional JJ response NN by IN each DT such JJ participant NN . SENT Prior RB to TO making VVG such JJ decision NN to TO proceed VV on IN such PDT a DT paper NN record NN only RB , , the DT Copyright NP Royalty NP Judges NPS shall MD offer VV to TO all DT parties NNS to TO the DT proceeding NN the DT opportunity NN to TO comment VV on IN the DT decision NN . SENT The DT procedure NN under IN this DT paragraph NN A DT NOTE NN . SENT Applicability NN . SENT shall MD be VB applied VVN in IN cases NNS in IN which WDT there EX is VBZ no DT genuine JJ issue NN of IN material NN fact NN , , there EX is VBZ no DT need NN for IN evidentiary JJ hearings NNS , , and CC all DT participants NNS in IN the DT proceeding NN agree VVP in IN writing VVG to TO the DT procedure NN . SENT and CC B NP may MD be VB applied VVN under IN such JJ other JJ circumstances NNS as IN the DT Copyright NP Royalty NP Judges NPS consider VVP appropriate JJ . SENT 6 CD Regulations NNS . SENT A DT In IN general JJ . SENT The DT Copyright NP Royalty NP Judges NPS may MD issue VV regulations NNS to TO carry VV out RP their PP$ functions NNS under IN this DT title NN . SENT All DT regulations NNS issued VVN by IN the DT Copyright NP Royalty NP Judges NPS are VBP subject JJ to TO the DT approval NN of IN the DT Librarian NN of IN Congress NP . SENT NOTE NN . SENT Deadline NN . SENT Not RB later RBR than IN 120 CD days NNS after IN Copyright NP Royalty NP Judges NPS or CC interim JJ Copyright NP Royalty NP Judges NPS , , as IN the DT case NN may MD be VB , , are VBP first RB appointed VVN after IN the DT enactment NN of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD , , such JJ judges NNS shall MD issue VV regulations NNS to TO govern VV proceedings NNS under IN this DT chapter NN . SENT B SYM NOTE NN . SENT Applicability NN . SENT Interim JJ regulations NNS . SENT Until IN regulations NNS are VBP adopted VVN under IN subparagraph NN A NP , , the DT Copyright NP Royalty NP Judges NPS shall MD apply VV the DT regulations NNS in IN effect NN under IN this DT chapter NN on IN the DT day NN before IN the DT effective JJ date NN of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD , , to TO the DT extent NN such JJ regulations NNS are VBP not RB inconsistent JJ with IN this DT chapter NN , , except IN that WDT functions NNS carried VVD out RP under IN such JJ regulations NNS by IN the DT Librarian NN of IN Congress NP , , the DT Register NP of IN Copyrights NNS , , or CC copyright NN arbitration NN royalty NN panels NNS that WDT , , as RB of IN such JJ date NN of IN enactment NN , , are VBP to TO be VB carried VVN out RP by IN the DT Copyright NP Royalty NP Judges NPS under IN this DT chapter NN , , shall MD be VB carried VVN out RP by IN the DT Copyright NP Royalty NP Judges NPS under IN such JJ regulations NNS . SENT C SYM Requirements NNS . SENT Regulations NNS issued VVN under IN subparagraph NN A DT shall MD include VV the DT following NN . SENT i NP NOTE NN . SENT Deadlines NNS . SENT Records NPS . SENT The DT written JJ direct JJ statements NNS of IN all DT participants NNS in IN a DT proceeding NN under IN paragraph NN 2 CD shall MD be VB filed VVN by IN a DT date NN specified VVN by IN the DT Copyright NP Royalty NP Judges NPS , , which WDT may MD be VB not RB earlier JJR than IN 4 CD months NNS , , and CC not RB later RBR than IN 5 CD months NNS , , after IN the DT end NN of IN the DT voluntary JJ negotiation NN period NN under IN paragraph NN 3 CD . SENT Notwithstanding IN the DT preceding JJ sentence NN , , the DT Copyright NP Royalty NP Judges NPS may MD allow VV a DT participant NN in IN a DT proceeding NN to TO file VV an DT amended VVN written JJ direct JJ statement NN based VVN on IN Page NP 118 CD STAT NN . SENT 2352 CD new JJ information NN received VVN during IN the DT discovery NN process NN , , within IN 15 CD days NNS after IN the DT end NN of IN the DT discovery NN period NN specified VVN in IN clause NN iii NNS . SENT ii NP I PP Following VVG the DT submission NN to TO the DT Copyright NP Royalty NP Judges NPS of IN written JJ direct JJ statements NNS by IN the DT participants NNS in IN a DT proceeding NN under IN paragraph NN 2 CD , , the DT judges NNS shall MD meet VV with IN the DT participants NNS for IN the DT purpose NN of IN setting VVG a DT schedule NN for IN conducting VVG and CC completing VVG discovery NN . SENT Such JJ schedule NN shall MD be VB determined VVN by IN the DT Copyright NP Royalty NP Judges NPS . SENT II NP In IN this DT chapter NN , , the DT term NN written VVN direct JJ statements NNS means VVZ witness NN statements NNS , , testimony NN , , and CC exhibits VVZ to TO be VB presented VVN in IN the DT proceedings NNS , , and CC such JJ other JJ information NN that WDT is VBZ necessary JJ to TO establish VV terms NNS and CC rates NNS , , or CC the DT distribution NN of IN royalty NN payments NNS , , as IN the DT case NN may MD be VB , , as RB set VVN forth RB in IN regulations NNS issued VVN by IN the DT Copyright NP Royalty NP Judges NPS . SENT iii NN Hearsay NN may MD be VB admitted VVN in IN proceedings NNS under IN this DT chapter NN to TO the DT extent NN deemed VVD appropriate JJ by IN the DT Copyright NP Royalty NP Judges NPS . SENT iv NN NOTE NN . SENT Deadline NN . SENT Discovery NN in IN such JJ proceedings NNS shall MD be VB permitted VVN for IN a DT period NN of IN 60 CD days NNS , , except IN for IN discovery NN ordered VVN by IN the DT Copyright NP Royalty NP Judges NPS in IN connection NN with IN the DT resolution NN of IN motions NNS , , orders NNS , , and CC disputes NNS pending VVG at IN the DT end NN of IN such JJ period NN . SENT v NN Any DT participant NN under IN paragraph NN 2 CD in IN a DT proceeding NN under IN this DT chapter NN to TO determine VV royalty NN rates NNS may MD request VV of IN an DT opposing VVG participant NN nonprivileged JJ documents NNS directly RB related VVN to TO the DT written JJ direct JJ statement NN or CC written JJ rebuttal NN statement NN of IN that DT participant NN . SENT Any DT objection NN to TO such JJ a DT request NN shall MD be VB resolved VVN by IN a DT motion NN or CC request NN to TO compel VV production NN made VVN to TO the DT Copyright NP Royalty NP Judges NPS in IN accordance NN with IN regulations NNS adopted VVN by IN the DT Copyright NP Royalty NP Judges NPS . SENT Each DT motion NN or CC request NN to TO compel VV discovery NN shall MD be VB determined VVN by IN the DT Copyright NP Royalty NP Judges NPS , , or CC by IN a DT Copyright NP Royalty NP Judge NP when WRB permitted VVN under IN subsection NN a DT 2 CD . SENT Upon IN such JJ motion NN , , the DT Copyright NP Royalty NP Judges NPS may MD order VV discovery NN pursuant JJ to TO regulations NNS established VVN under IN this DT paragraph NN . SENT vi NP I NP Any DT participant NN under IN paragraph NN 2 CD in IN a DT proceeding NN under IN this DT chapter NN to TO determine VV royalty NN rates NNS may MD , , by IN means NNS of IN written JJ motion NN or CC on IN the DT record NN , , request NN of IN an DT opposing VVG participant NN or CC witness NN other JJ relevant JJ information NN and CC materials NNS if IN , , absent VV the DT discovery NN sought VVD , , the DT Copyright NP Royalty NP Judges NPS resolution NN of IN the DT proceeding NN would MD be VB substantially RB impaired VVN . SENT In IN determining VVG whether IN discovery NN will MD be VB granted VVN under IN this DT clause NN , , the DT Copyright NP Royalty NP Judges NPS may MD consider VV aa NN whether IN the DT burden NN or CC expense NN of IN producing VVG the DT requested VVN information NN or CC materials NNS outweighs VVZ the DT likely JJ benefit NN , , taking VVG into IN account NN the DT needs NNS and CC resources NNS of IN the DT participants NNS , , the DT importance NN of IN the DT issues NNS at IN stake NN , , and CC the DT probative JJ value NN of IN the DT requested VVN information NN or CC materials NNS in IN resolving VVG such JJ issues NNS . SENT Page NN 118 CD STAT NN . SENT 2353 CD bb NNS whether IN the DT requested VVN information NN or CC materials NNS would MD be VB unreasonably RB cumulative JJ or CC duplicative JJ , , or CC are VBP obtainable JJ from IN another DT source NN that WDT is VBZ more RBR convenient JJ , , less RBR burdensome JJ , , or CC less RBR expensive JJ . SENT and CC cc NN whether IN the DT participant NN seeking VVG discovery NN has VHZ had VHN ample JJ opportunity NN by IN discovery NN in IN the DT proceeding NN or CC by IN other JJ means NNS to TO obtain VV the DT information NN sought VVD . SENT II NP This DT clause NN shall MD not RB apply VV to TO any DT proceeding NN scheduled VVN to TO commence VV after IN December NP 31 CD , , 2010 CD . SENT vii NNS In IN a DT proceeding NN under IN this DT chapter NN to TO determine VV royalty NN rates NNS , , the DT participants NNS entitled VVN to TO receive VV royalties NNS shall MD collectively RB be VB permitted VVN to TO take VV no DT more JJR than IN 10 CD depositions NNS and CC secure JJ responses NNS to TO no DT more JJR than IN 25 CD interrogatories NNS , , and CC the DT participants NNS obligated VVN to TO pay VV royalties NNS shall MD collectively RB be VB permitted VVN to TO take VV no DT more JJR than IN 10 CD depositions NNS and CC secure JJ responses NNS to TO no DT more JJR than IN 25 CD interrogatories NNS . SENT The DT Copyright NP Royalty NP Judges NPS shall MD resolve VV any DT disputes NNS among IN similarly RB aligned VVN participants NNS to TO allocate VV the DT number NN of IN depositions NNS or CC interrogatories NNS permitted VVN under IN this DT clause NN . SENT viii NN NOTE NN . SENT Applicability NN . SENT The DT rules NNS and CC practices NNS in IN effect NN on IN the DT day NN before IN the DT effective JJ date NN of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD , , relating VVG to TO discovery NN in IN proceedings NNS under IN this DT chapter NN to TO determine VV the DT distribution NN of IN royalty NN fees NNS , , shall MD continue VV to TO apply VV to TO such JJ proceedings NNS on IN and CC after IN such JJ effective JJ date NN . SENT ix NNS In IN proceedings NNS to TO determine VV royalty NN rates NNS , , the DT Copyright NP Royalty NP Judges NPS may MD issue VV a DT subpoena NN commanding VVG a DT participant NN or CC witness NN to TO appear VV and CC give VV testimony NN , , or CC to TO produce VV and CC permit VV inspection NN of IN documents NNS or CC tangible JJ things NNS , , if IN the DT Copyright NP Royalty NP Judges NPS resolution NN of IN the DT proceeding NN would MD be VB substantially RB impaired VVN by IN the DT absence NN of IN such JJ testimony NN or CC production NN of IN documents NNS or CC tangible JJ things NNS . SENT Such JJ subpoena NN shall MD specify VV with IN reasonable JJ particularity NN the DT materials NNS to TO be VB produced VVN or CC the DT scope NN and CC nature NN of IN the DT required JJ testimony NN . SENT Nothing NN in IN this DT clause NN shall MD preclude VV the DT Copyright NP Royalty NP Judges NPS from IN requesting VVG the DT production NN by IN a DT nonparticipant NN of IN information NN or CC materials NNS relevant JJ to TO the DT resolution NN by IN the DT Copyright NP Royalty NP Judges NPS of IN a DT material NN issue NN of IN fact NN . SENT x SYM The DT Copyright NP Royalty NP Judges NPS shall MD order VV a DT settlement NN conference NN among IN the DT participants NNS in IN the DT proceeding NN to TO facilitate VV the DT presentation NN of IN offers NNS of IN settlement NN among IN the DT participants NNS . SENT The DT settlement NN conference NN shall MD be VB held VVN during IN a DT 21 CD day NN period NN following VVG the DT end NN of IN the DT discovery NN period NN and CC shall MD take VV place NN outside IN the DT presence NN of IN the DT Copyright NP Royalty NP Judges NPS . SENT xi NN No DT evidence NN , , including VVG exhibits NNS , , may MD be VB submitted VVN in IN the DT written JJ direct JJ statement NN or CC written JJ rebuttal NN statement NN of IN a DT participant NN without IN a DT sponsoring VVG witness NN , , except IN where WRB the DT Copyright NP Royalty NP Judges NPS have VHP taken VVN official JJ notice NN , , or CC in IN the DT case NN of IN Page NP 118 CD STAT NN . SENT 2354 CD incorporation NN by IN reference NN of IN past JJ records NNS , , or CC for IN good JJ cause NN shown VVN . SENT c SYM Determination NN of IN Copyright NP Royalty NP Judges NPS . SENT 1 CD NOTE NN . SENT Deadlines NNS . SENT Timing NN . SENT The DT Copyright NP Royalty NP Judges NPS shall MD issue VV their PP$ determination NN in IN a DT proceeding NN not RB later RBR than IN 11 CD months NNS after IN the DT conclusion NN of IN the DT 21 CD day NN settlement NN conference NN period NN under IN subsection NN b NN 6 CD C NP x NN , , but CC , , in IN the DT case NN of IN a DT proceeding NN to TO determine VV successors NNS to TO rates NNS or CC terms NNS that WDT expire VVP on IN a DT specified JJ date NN , , in IN no DT event NN later RBR than IN 15 CD days NNS before IN the DT expiration NN of IN the DT then RB current JJ statutory JJ rates NNS and CC terms NNS . SENT 2 CD Rehearings NNS . SENT A DT In IN general JJ . SENT The DT Copyright NP Royalty NP Judges NPS may MD , , in IN exceptional JJ cases NNS , , upon IN motion NN of IN a DT participant NN in IN a DT proceeding NN under IN subsection NN b NN 2 CD , , order VV a DT rehearing NN , , after IN the DT determination NN in IN the DT proceeding NN is VBZ issued VVN under IN paragraph NN 1 CD , , on IN such JJ matters NNS as IN the DT Copyright NP Royalty NP Judges NPS determine VVP to TO be VB appropriate JJ . SENT B SYM NOTE NN . SENT Deadline NN . SENT Timing NN for IN filing NN motion NN . SENT Any DT motion NN for IN a DT rehearing NN under IN subparagraph NN A DT may MD only RB be VB filed VVN within IN 15 CD days NNS after IN the DT date NN on IN which WDT the DT Copyright NP Royalty NP Judges NPS deliver VV to TO the DT participants NNS in IN the DT proceeding VVG their PP$ initial JJ determination NN concerning VVG rates NNS and CC terms NNS . SENT C SYM Participation NN by IN opposing VVG party NN not RB required VVN . SENT In IN any DT case NN in IN which WDT a DT rehearing NN is VBZ ordered VVN , , any DT opposing VVG party NN shall MD not RB be VB required VVN to TO participate VV in IN the DT rehearing NN , , except IN that DT nonparticipation NN may MD give VV rise NN to TO the DT limitations NNS with IN respect NN to TO judicial JJ review NN provided VVN for IN in IN subsection NN d NN 1 CD . SENT D SYM No DT negative JJ inference NN . SENT No DT negative JJ inference NN shall MD be VB drawn VVN from IN lack NN of IN participation NN in IN a DT rehearing NN . SENT E SYM Continuity NN of IN rates NNS and CC terms NNS . SENT i NP If IN the DT decision NN of IN the DT Copyright NP Royalty NP Judges NPS on IN any DT motion NN for IN a DT rehearing NN is VBZ not RB rendered VVN before IN the DT expiration NN of IN the DT statutory JJ rates NNS and CC terms NNS that WDT were VBD previously RB in IN effect NN , , in IN the DT case NN of IN a DT proceeding NN to TO determine VV successors NNS to TO rates NNS and CC terms NNS that WDT expire VVP on IN a DT specified JJ date NN , , then RB I PP NOTE VV . SENT Effective JJ date NN . SENT the DT initial JJ determination NN of IN the DT Copyright NP Royalty NP Judges NP that WDT is VBZ the DT subject NN of IN the DT rehearing NN motion NN shall MD be VB effective JJ as RB of IN the DT day NN following VVG the DT date NN on IN which WDT the DT rates NNS and CC terms NNS that WDT were VBD previously RB in IN effect NN expire VVP . SENT and CC II NP in IN the DT case NN of IN a DT proceeding NN under IN section NN 114 CD f SYM 1 CD C NP or CC 114 CD f SYM 2 CD C NP , , royalty NN rates NNS and CC terms NNS shall MD , , for IN purposes NNS of IN section NN 114 CD f SYM 4 CD B NN , , be VB deemed VVN to TO have VH been VBN set VVN at IN those DT rates NNS and CC terms NNS contained VVN in IN the DT initial JJ determination NN of IN the DT Copyright NP Royalty NP Judges NP that WDT is VBZ the DT subject NN of IN the DT rehearing NN motion NN , , as RB of IN the DT date NN of IN that DT determination NN . SENT ii NP The DT pendency NN of IN a DT motion NN for IN a DT rehearing NN under IN this DT paragraph NN shall MD not RB relieve VV persons NNS obligated VVN to TO make VV royalty NN payments NNS who WP would MD be VB affected VVN by IN the DT determination NN on IN that DT motion NN from IN providing VVG the DT statements NNS of IN account NN and CC any DT reports NNS of IN use NN , , to TO the DT extent NN required VVN , , and CC paying VVG the DT royalties NNS required VVN under IN the DT relevant JJ determination NN or CC regulations NNS . SENT iii NN NOTE NN . SENT Deadlines NNS . SENT Notwithstanding IN clause NN ii NNS , , whenever WRB royalties NNS described VVD in IN clause NN ii NNS are VBP paid VVN to TO a DT person NN other JJ than IN Page NP 118 CD STAT NN . SENT 2355 RB the DT Copyright NP Office NP , , the DT entity NN designated VVN by IN the DT Copyright NP Royalty NP Judges NNS to TO which WDT such JJ royalties NNS are VBP paid VVN by IN the DT copyright NN user NN and CC any DT successor NN thereto RB shall MD , , within IN 60 CD days NNS after IN the DT motion NN for IN rehearing NN is VBZ resolved VVN or CC , , if IN the DT motion NN is VBZ granted VVN , , within IN 60 CD days NNS after IN the DT rehearing NN is VBZ concluded VVN , , return VV any DT excess JJ amounts NNS previously RB paid VVN to TO the DT extent NN necessary JJ to TO comply VV with IN the DT final JJ determination NN of IN royalty NN rates NNS by IN the DT Copyright NP Royalty NP Judges NPS . SENT Any DT underpayment NN of IN royalties NNS resulting VVG from IN a DT rehearing NN shall MD be VB paid VVN within IN the DT same JJ period NN . SENT 3 CD NOTE NN . SENT Records NPS . SENT Contents NNS of IN determination NN . SENT A DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS shall MD be VB supported VVN by IN the DT written JJ record NN and CC shall MD set VV forth RB the DT findings NNS of IN fact NN relied VVN on IN by IN the DT Copyright NP Royalty NP Judges NPS . SENT Among IN other JJ terms NNS adopted VVN in IN a DT determination NN , , the DT Copyright NP Royalty NP Judges NPS may MD specify VV notice NN and CC recordkeeping VVG requirements NNS of IN users NNS of IN the DT copyrights NNS at IN issue NN that WDT apply VVP in IN lieu NN of IN those DT that WDT would MD otherwise RB apply VV under IN regulations NNS . SENT 4 CD Continuing VVG jurisdiction NN . SENT The DT Copyright NP Royalty NP Judges NPS may MD , , with IN the DT approval NN of IN the DT Register NP of IN Copyrights NNS , , issue VV an DT amendment NN to TO a DT written JJ determination NN to TO correct VV any DT technical JJ or CC clerical JJ errors NNS in IN the DT determination NN or CC to TO modify VV the DT terms NNS , , but CC not RB the DT rates NNS , , of IN royalty NN payments NNS in IN response NN to TO unforeseen JJ circumstances NNS that WDT would MD frustrate VV the DT proper JJ implementation NN of IN such JJ determination NN . SENT NOTE NN . SENT Federal NP Register NP , , publication NN . SENT Such JJ amendment NN shall MD be VB set VVN forth RB in IN a DT written VVN addendum NN to TO the DT determination NN that WDT shall MD be VB distributed VVN to TO the DT participants NNS of IN the DT proceeding NN and CC shall MD be VB published VVN in IN the DT Federal NP Register NP . SENT 5 CD Protective JJ order NN . SENT The DT Copyright NP Royalty NP Judges NPS may MD issue VV such JJ orders NNS as RB may MD be VB appropriate JJ to TO protect VV confidential JJ information NN , , including VVG orders NNS excluding VVG confidential JJ information NN from IN the DT record NN of IN the DT determination NN that WDT is VBZ published VVN or CC made VVN available JJ to TO the DT public NN , , except IN that WDT any DT terms NNS or CC rates NNS of IN royalty NN payments NNS or CC distributions NNS may MD not RB be VB excluded VVN . SENT 6 CD NOTE NN . SENT Deadline NN . SENT Federal NP Register NP , , publication NN . SENT Publication NN of IN determination NN . SENT By IN no DT later RBR than IN the DT end NN of IN the DT 60 CD day NN period NN provided VVN in IN section NN 802 CD f SYM 1 CD D NP , , the DT Librarian NN of IN Congress NP shall MD cause VV the DT determination NN , , and CC any DT corrections NNS thereto RB , , to TO be VB published VVN in IN the DT Federal NP Register NP . SENT The DT Librarian NN of IN Congress NP shall MD also RB publicize VV the DT determination NN and CC corrections NNS in IN such JJ other JJ manner NN as IN the DT Librarian NN considers VVZ appropriate JJ , , including VVG , , but CC not RB limited JJ to TO , , publication NN on IN the DT Internet NN . SENT NOTE NN . SENT Records NPS . SENT The DT Librarian NN of IN Congress NP shall MD also RB make VV the DT determination NN , , corrections NNS , , and CC the DT accompanying JJ record NN available JJ for IN public JJ inspection NN and CC copying NN . SENT 7 CD Late JJ payment NN . SENT A DT determination NN of IN Copyright NP Royalty NP Judges NPS may MD include VV terms NNS with IN respect NN to TO late JJ payment NN , , but CC in IN no DT way NN shall MD such JJ terms NNS prevent VVP the DT copyright NN holder NN from IN asserting VVG other JJ rights NNS or CC remedies NNS provided VVN under IN this DT title NN . SENT d SYM Judicial NP Review NP . SENT 1 CD NOTE NN . SENT Deadlines NNS . SENT Appeal NN . SENT Any DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS under IN subsection NN c NN may MD , , within IN 30 CD days NNS after IN the DT publication NN of IN the DT determination NN in IN the DT Federal NP Register NP , , be VB appealed VVN , , to TO the DT United NP States NPS Court NP of IN Appeals NPS for IN the DT District NP of IN Columbia NP Circuit NP , , by IN any DT aggrieved VVN participant NN in IN the DT proceeding NN under IN subsection NN b NN 2 CD who WP fully RB participated VVD in IN the DT proceeding NN and CC who WP would MD be VB bound VVN by IN the DT determination NN . SENT Page NN 118 CD STAT NN . SENT 2356 CD Any DT participant NN that WDT did VVD not RB participate VV in IN a DT rehearing NN may MD not RB raise VV any DT issue NN that WDT was VBD the DT subject NN of IN that DT rehearing NN at IN any DT stage NN of IN judicial JJ review NN of IN the DT hearing NN determination NN . SENT If IN no DT appeal NN is VBZ brought VVN within IN that DT 30 CD day NN period NN , , the DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS shall MD be VB final JJ , , and CC the DT royalty NN fee NN or CC determination NN with IN respect NN to TO the DT distribution NN of IN fees NNS , , as IN the DT case NN may MD be VB , , shall MD take VV effect NN as IN set VVN forth RB in IN paragraph NN 2 CD . SENT 2 CD NOTE NN . SENT Effective JJ dates NNS . SENT Effect NN of IN rates NNS . SENT A DT Expiration NN on IN specified JJ date NN . SENT When WRB this DT title NN provides VVZ that IN the DT royalty NN rates NNS and CC terms NNS that WDT were VBD previously RB in IN effect NN are VBP to TO expire VV on IN a DT specified JJ date NN , , any DT adjustment NN or CC determination NN by IN the DT Copyright NP Royalty NP Judges NPS of IN successor NN rates NNS and CC terms NNS for IN an DT ensuing VVG statutory JJ license NN period NN shall MD be VB effective JJ as RB of IN the DT day NN following VVG the DT date NN of IN expiration NN of IN the DT rates NNS and CC terms NNS that WDT were VBD previously RB in IN effect NN , , even RB if IN the DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS is VBZ rendered VVN on IN a DT later JJR date NN . SENT A DT licensee NN shall MD be VB obligated VVN to TO continue VV making VVG payments NNS under IN the DT rates NNS and CC terms NNS previously RB in IN effect NN until IN such JJ time NN as IN rates NNS and CC terms NNS for IN the DT successor NN period NN are VBP established VVN . SENT Whenever WRB NOTE NN . SENT Deadline NN . SENT royalties NNS pursuant JJ to TO this DT section NN are VBP paid VVN to TO a DT person NN other JJ than IN the DT Copyright NP Office NP , , the DT entity NN designated VVN by IN the DT Copyright NP Royalty NP Judges NNS to TO which WDT such JJ royalties NNS are VBP paid VVN by IN the DT copyright NN user NN and CC any DT successor NN thereto RB shall MD , , within IN 60 CD days NNS after IN the DT final JJ determination NN of IN the DT Copyright NP Royalty NP Judges NPS establishing VVG rates NNS and CC terms NNS for IN a DT successor NN period NN or CC the DT exhaustion NN of IN all DT rehearings NNS or CC appeals NNS of IN such JJ determination NN , , if IN any DT , , return VV any DT excess JJ amounts NNS previously RB paid VVN to TO the DT extent NN necessary JJ to TO comply VV with IN the DT final JJ determination NN of IN royalty NN rates NNS . SENT Any DT underpayment NN of IN royalties NNS by IN a DT copyright NN user NN shall MD be VB paid VVN to TO the DT entity NN designated VVN by IN the DT Copyright NP Royalty NP Judges NPS within IN the DT same JJ period NN . SENT B SYM Other JJ cases NNS . SENT In IN cases NNS where WRB rates NNS and CC terms NNS have VHP not RB , , prior RB to TO the DT inception NN of IN an DT activity NN , , been VBN established VVN for IN that DT particular JJ activity NN under IN the DT relevant JJ license NN , , such JJ rates NNS and CC terms NNS shall MD be VB retroactive JJ to TO the DT inception NN of IN activity NN under IN the DT relevant JJ license NN covered VVN by IN such JJ rates NNS and CC terms NNS . SENT In IN other JJ cases NNS where WRB rates NNS and CC terms NNS do VVP not RB expire VV on IN a DT specified JJ date NN , , successor NN rates NNS and CC terms NNS shall MD take VV effect NN on IN the DT first JJ day NN of IN the DT second JJ month NN that WDT begins VVZ after IN the DT publication NN of IN the DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS in IN the DT Federal NP Register NP , , except IN as RB otherwise RB provided VVN in IN this DT title NN , , or CC by IN the DT Copyright NP Royalty NP Judges NPS , , or CC as RB agreed VVD by IN the DT participants NNS in IN a DT proceeding NN that WDT would MD be VB bound VVN by IN the DT rates NNS and CC terms NNS . SENT Except IN as RB otherwise RB provided VVN in IN this DT title NN , , the DT rates NNS and CC terms NNS , , to TO the DT extent NN applicable JJ , , shall MD remain VV in IN effect NN until IN such JJ successor NN rates NNS and CC terms NNS become VVP effective JJ . SENT C SYM Obligation NN to TO make VV payments NNS . SENT i NP The DT pendency NN of IN an DT appeal NN under IN this DT subsection NN shall MD not RB relieve VV persons NNS obligated VVN to TO make VV royalty NN payments NNS under IN section NN 111 CD , , 112 CD , , 114 CD , , 115 CD , , 116 CD , , 118 CD , , 119 CD , , or CC 1003 CD , , who WP would MD be VB affected VVN by IN the DT determination NN on IN appeal NN , , from IN Page NP 118 CD STAT NN . SENT 2357 CD I PP providing VVG the DT statements NNS of IN account NN and CC any DT report NN of IN use NN . SENT and CC II NP paying VVG the DT royalties NNS required VVN under IN the DT relevant JJ determination NN or CC regulations NNS . SENT ii NN NOTE NN . SENT Deadline NN . SENT Notwithstanding IN clause NN i NP , , whenever WRB royalties NNS described VVD in IN clause NN i NP are VBP paid VVN to TO a DT person NN other JJ than IN the DT Copyright NP Office NP , , the DT entity NN designated VVN by IN the DT Copyright NP Royalty NP Judges NNS to TO which WDT such JJ royalties NNS are VBP paid VVN by IN the DT copyright NN user NN and CC any DT successor NN thereto RB shall MD , , within IN 60 CD days NNS after IN the DT final JJ resolution NN of IN the DT appeal NN , , return VV any DT excess JJ amounts NNS previously RB paid VVN and CC interest NN thereon RB , , if IN ordered VVN pursuant JJ to TO paragraph NN 3 CD to TO the DT extent NN necessary JJ to TO comply VV with IN the DT final JJ determination NN of IN royalty NN rates NNS on IN appeal NN . SENT Any DT underpayment NN of IN royalties NNS resulting VVG from IN an DT appeal NN and CC interest NN thereon RB , , if IN ordered VVN pursuant JJ to TO paragraph NN 3 CD shall MD be VB paid VVN within IN the DT same JJ period NN . SENT 3 CD Jurisdiction NN of IN court NN . SENT If IN the DT court NN , , pursuant JJ to TO section NN 706 CD of IN title NN 5 CD , , modifies VVZ or CC vacates VVZ a DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS , , the DT court NN may MD enter VV its PP$ own JJ determination NN with IN respect NN to TO the DT amount NN or CC distribution NN of IN royalty NN fees NNS and CC costs NNS , , and CC order VV the DT repayment NN of IN any DT excess JJ fees NNS , , the DT payment NN of IN any DT underpaid JJ fees NNS , , and CC the DT payment NN of IN interest NN pertaining VVG respectively RB thereto RB , , in IN accordance NN with IN its PP$ final JJ judgment NN . SENT The DT court NN may MD also RB vacate VV the DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS and CC remand VV the DT case NN to TO the DT Copyright NP Royalty NP Judges NPS for IN further JJR proceedings NNS in IN accordance NN with IN subsection NN a DT . SENT e SYM Administrative NP Matters NNS . SENT 1 CD Deduction NN of IN costs NNS of IN library NN of IN congress NN and CC copyright NN office NN from IN filing NN fees NNS . SENT A DT Deduction NN from IN filing NN fees NNS . SENT The DT Librarian NN of IN Congress NP may MD , , to TO the DT extent NN not RB otherwise RB provided VVN under IN this DT title NN , , deduct VV from IN the DT filing NN fees NNS collected VVN under IN subsection NN b NN for IN a DT particular JJ proceeding NN under IN this DT chapter NN the DT reasonable JJ costs NNS incurred VVN by IN the DT Librarian NN of IN Congress NP , , the DT Copyright NP Office NP , , and CC the DT Copyright NP Royalty NP Judges NPS in IN conducting VVG that DT proceeding NN , , other JJ than IN the DT salaries NNS of IN the DT Copyright NP Royalty NP Judges NPS and CC the DT 3 CD staff NN members NNS appointed VVN under IN section NN 802 CD b SYM . SENT B SYM Authorization NN of IN appropriations NNS . SENT There EX are VBP authorized VVN to TO be VB appropriated VVN such JJ sums NNS as RB may MD be VB necessary JJ to TO pay VV the DT costs NNS incurred VVN under IN this DT chapter NN not RB covered VVN by IN the DT filing NN fees NNS collected VVN under IN subsection NN b NN . SENT All DT funds NNS made VVD available JJ pursuant JJ to TO this DT subparagraph NN shall MD remain VV available JJ until IN expended VVN . SENT 2 CD Positions NNS required VVN for IN administration NN of IN compulsory JJ licensing NN . SENT Section NN 307 CD of IN the DT Legislative JJ Branch NP Appropriations NPS Act NP , , 1994 CD , , shall MD not RB apply VV to TO employee NN positions NNS in IN the DT Library NN of IN Congress NP that WDT are VBP required VVN to TO be VB filled VVN in IN order NN to TO carry VV out RP section NN 111 CD , , 112 CD , , 114 CD , , 115 CD , , 116 CD , , 118 CD , , or CC 119 CD or CC chapter NN 10 CD . SENT Sec NN . SENT 804 CD . SENT Institution NN of IN proceedings NNS a DT NOTE NN . SENT Notices NNS . SENT Federal NP Register NP , , publication NN . SENT Filing NN of IN Petition NN . SENT With IN respect NN to TO proceedings NNS referred VVN to TO in IN paragraphs NNS 1 CD and CC 2 CD of IN section NN 801 CD b SYM concerning VVG the DT determination NN or CC adjustment NN of IN royalty NN rates NNS as RB provided VVN in IN sections NNS 111 CD , , 112 CD , , 114 CD , , 115 CD , , 116 CD , , 118 CD , , 119 CD , , and CC 1004 CD , , during IN the DT calendar NN Page NP 118 CD STAT NN . SENT 2358 CD years NNS specified VVN in IN the DT schedule NN set VVD forth RB in IN subsection NN b NN , , any DT owner NN or CC user NN of IN a DT copyrighted VVN work VVP whose WP$ royalty NN rates NNS are VBP specified VVN by IN this DT title NN , , or CC are VBP established VVN under IN this DT chapter NN before IN or CC after IN the DT enactment NN of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD , , may MD file VV a DT petition NN with IN the DT Copyright NP Royalty NP Judges NPS declaring VVG that IN the DT petitioner NN requests NNS a DT determination NN or CC adjustment NN of IN the DT rate NN . SENT The DT Copyright NP Royalty NP Judges NPS shall MD make VV a DT determination NN as RB to TO whether IN the DT petitioner NN has VHZ such PDT a DT significant JJ interest NN in IN the DT royalty NN rate NN in IN which WDT a DT determination NN or CC adjustment NN is VBZ requested VVN . SENT If IN the DT Copyright NP Royalty NP Judges NPS determine VVP that IN the DT petitioner NN has VHZ such PDT a DT significant JJ interest NN , , the DT Copyright NP Royalty NP Judges NPS shall MD cause VV notice NN of IN this DT determination NN , , with IN the DT reasons NNS for IN such JJ determination NN , , to TO be VB published VVN in IN the DT Federal NP Register NP , , together RB with IN the DT notice NN of IN commencement NN of IN proceedings NNS under IN this DT chapter NN . SENT With IN respect NN to TO proceedings NNS under IN paragraph NN 1 CD of IN section NN 801 CD b SYM concerning VVG the DT determination NN or CC adjustment NN of IN royalty NN rates NNS as RB provided VVN in IN sections NNS 112 CD and CC 114 CD , , during IN the DT calendar NN years NNS specified VVN in IN the DT schedule NN set VVD forth RB in IN subsection NN b NN , , the DT Copyright NP Royalty NP Judges NPS shall MD cause VV notice NN of IN commencement NN of IN proceedings NNS under IN this DT chapter NN to TO be VB published VVN in IN the DT Federal NP Register NP as RB provided VVD in IN section NN 803 CD b SYM 1 CD A NP . SENT b SYM Timing NN of IN Proceedings NNS . SENT 1 CD Section NN 111 CD proceedings NNS . SENT A DT A NP petition NN described VVD in IN subsection NN a DT to TO initiate VV proceedings NNS under IN section NN 801 CD b NN 2 CD concerning VVG the DT adjustment NN of IN royalty NN rates NNS under IN section NN 111 CD to TO which WDT subparagraph NN A NP or CC D NP of IN section NN 801 CD b NN 2 CD applies VVZ may MD be VB filed VVN during IN the DT year NN 2005 CD and CC in IN each DT subsequent JJ fifth JJ calendar NN year NN . SENT B SYM In IN order NN to TO initiate VV proceedings NNS under IN section NN 801 CD b NN 2 CD concerning VVG the DT adjustment NN of IN royalty NN rates NNS under IN section NN 111 CD to TO which WDT subparagraph NN B NP or CC C NP of IN section NN 801 CD b NN 2 CD applies VVZ , , within IN 12 CD months NNS after IN an DT event NN described VVD in IN either CC of IN those DT subsections NNS , , any DT owner NN or CC user NN of IN a DT copyrighted VVN work VVP whose WP$ royalty NN rates NNS are VBP specified VVN by IN section NN 111 CD , , or CC by IN a DT rate NN established VVN under IN this DT chapter NN before IN or CC after IN the DT enactment NN of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD , , may MD file VV a DT petition NN with IN the DT Copyright NP Royalty NP Judges NPS declaring VVG that IN the DT petitioner NN requests NNS an DT adjustment NN of IN the DT rate NN . SENT The DT Copyright NP Royalty NP Judges NPS shall MD then RB proceed VV as RB set VVN forth RB in IN subsection NN a DT of IN this DT section NN . SENT Any DT change NN in IN royalty NN rates NNS made VVN under IN this DT chapter NN pursuant JJ to TO this DT subparagraph NN may MD be VB reconsidered VVN in IN the DT year NN 2005 CD , , and CC each DT fifth JJ calendar NN year NN thereafter RB , , in IN accordance NN with IN the DT provisions NNS in IN section NN 801 CD b SYM 3 CD B NP or CC C NP , , as IN the DT case NN may MD be VB . SENT A DT petition NN for IN adjustment NN of IN rates NNS established VVN by IN section NN 111 CD d SYM 1 CD B NN as IN a DT result NN of IN a DT change NN is VBZ the DT rules NNS and CC regulations NNS of IN the DT Federal NP Communications NPS Commission NP shall MD set VV forth RB the DT change NN on IN which WDT the DT petition NN is VBZ based VVN . SENT C SYM NOTE NN . SENT Effective JJ date NN . SENT Any DT adjustment NN of IN royalty NN rates NNS under IN section NN 111 CD shall MD take VV effect NN as IN of IN the DT first JJ accounting NN period NN commencing VVG after IN the DT publication NN of IN the DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS in IN the DT Federal NP Register NP , , or CC on IN such JJ other JJ date NN as RB is VBZ specified VVN in IN that DT determination NN . SENT 2 CD NOTE NN . SENT Effective JJ date NN . SENT Certain JJ section NN 112 CD proceedings NNS . SENT Proceedings NNS under IN this DT chapter NN shall MD be VB commenced VVD in IN the DT year NN 2007 CD to TO determine VV reasonable JJ terms NNS and CC rates NNS of IN royalty NN payments NNS for IN the DT activities NNS described VVN in IN section NN 112 CD e NN 1 CD relating VVG to TO the DT Page NP 118 CD STAT NN . SENT 2359 CD limitation NN on IN exclusive JJ rights NNS specified VVN by IN section NN 114 CD d SYM 1 CD C NP iv NN , , to TO become VV effective JJ on IN January NP 1 CD , , 2009 CD . SENT Such JJ proceedings NNS shall MD be VB repeated VVN in IN each DT subsequent JJ fifth JJ calendar NN year NN . SENT 3 CD NOTE NN . SENT Effective JJ dates NNS . SENT Termination NN date NN . SENT Section NN 114 CD and CC corresponding JJ 112 CD proceedings NNS . SENT A DT For IN eligible JJ nonsubscription NN services NNS and CC new JJ subscription NN services NNS . SENT Proceedings NNS under IN this DT chapter NN shall MD be VB commenced VVD as RB soon RB as RB practicable JJ after IN the DT effective JJ date NN of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD to TO determine VV reasonable JJ terms NNS and CC rates NNS of IN royalty NN payments NNS under IN sections NNS 114 CD and CC 112 CD for IN the DT activities NNS of IN eligible JJ nonsubscription NN transmission NN services NNS and CC new JJ subscription NN services NNS , , to TO be VB effective JJ for IN the DT period NN beginning NN on IN January NP 1 CD , , 2006 CD , , and CC ending VVG on IN December NP 31 CD , , 2010 CD . SENT Such JJ proceedings NNS shall MD next RB be VB commenced VVD in IN January NP 2009 CD to TO determine VV reasonable JJ terms NNS and CC rates NNS of IN royalty NN payments NNS , , to TO become VV effective JJ on IN January NP 1 CD , , 2011 CD . SENT Thereafter RB , , such JJ proceedings NNS shall MD be VB repeated VVN in IN each DT subsequent JJ fifth JJ calendar NN year NN . SENT B SYM NOTE NN . SENT Effective JJ dates NNS . SENT Termination NN dates NNS . SENT For IN preexisting VVG subscription NN and CC satellite JJ digital JJ audio JJ radio NN services NNS . SENT Proceedings NNS under IN this DT chapter NN shall MD be VB commenced VVD in IN January NP 2006 CD to TO determine VV reasonable JJ terms NNS and CC rates NNS of IN royalty NN payments NNS under IN sections NNS 114 CD and CC 112 CD for IN the DT activities NNS of IN preexisting VVG subscription NN services NNS , , to TO be VB effective JJ during IN the DT period NN beginning NN on IN January NP 1 CD , , 2008 CD , , and CC ending VVG on IN December NP 31 CD , , 2012 CD , , and CC preexisting VVG satellite JJ digital JJ audio JJ radio NN services NNS , , to TO be VB effective JJ during IN the DT period NN beginning NN on IN January NP 1 CD , , 2007 CD , , and CC ending VVG on IN December NP 31 CD , , 2012 CD . SENT Such JJ proceedings NNS shall MD next RB be VB commenced VVD in IN 2011 CD to TO determine VV reasonable JJ terms NNS and CC rates NNS of IN royalty NN payments NNS , , to TO become VV effective JJ on IN January NP 1 CD , , 2013 CD . SENT Thereafter RB , , such JJ proceedings NNS shall MD be VB repeated VVN in IN each DT subsequent JJ fifth JJ calendar NN year NN . SENT C NP i NP Notwithstanding IN any DT other JJ provision NN of IN this DT chapter NN , , this DT subparagraph NN shall MD govern VV proceedings NNS commenced VVD pursuant JJ to TO section NN 114 CD f SYM 1 CD C NP and CC 114 CD f SYM 2 CD C NP concerning VVG new JJ types NNS of IN services NNS . SENT ii NN NOTE NN . SENT Deadline NN . SENT Notice NN . SENT Not RB later RBR than IN 30 CD days NNS after IN a DT petition NN to TO determine VV rates NNS and CC terms NNS for IN a DT new JJ type NN of IN service NN that WDT is VBZ filed VVN by IN any DT copyright NN owner NN of IN sound JJ recordings NNS , , or CC such JJ new JJ type NN of IN service NN , , indicating VVG that DT such JJ new JJ type NN of IN service NN is VBZ or CC is VBZ about RB to TO become VV operational JJ , , the DT Copyright NP Royalty NP Judges NPS shall MD issue VV a DT notice NN for IN a DT proceeding NN to TO determine VV rates NNS and CC terms NNS for IN such JJ service NN . SENT iii NP The DT proceeding NN shall MD follow VV the DT schedule NN set VVD forth RB in IN such JJ subsections NNS b NN , , c LS , , and CC d LS of IN section NN 803 CD , , except IN that WDT I PP NOTE VV . SENT Deadline NN . SENT the DT determination NN shall MD be VB issued VVN by IN not RB later JJR than IN 24 CD months NNS after IN the DT publication NN of IN the DT notice NN under IN clause NN ii NNS . SENT and CC II NP NOTE NN . SENT Effective JJ date NN . SENT the DT decision NN shall MD take VV effect NN as IN provided VVN in IN subsections NNS c SYM 2 CD and CC d LS 2 CD of IN section NN 803 CD and CC section NN 114 CD f SYM 4 CD B NP ii NP and CC C NP . SENT iv NN The DT rates NNS and CC terms NNS shall MD remain VV in IN effect NN for IN the DT period NN set VVD forth RB in IN section NN 114 CD f SYM 1 CD C NP or CC 114 CD f SYM 2 CD C NP , , as IN the DT case NN may MD be VB . SENT Page NN 118 CD STAT NN . SENT 2360 CD 4 CD Section NN 115 CD proceedings NNS . SENT A DT petition NN described VVN in IN subsection NN a DT to TO initiate VV proceedings NNS under IN section NN 801 CD b NN 1 CD concerning VVG the DT adjustment NN or CC determination NN of IN royalty NN rates NNS as RB provided VVN in IN section NN 115 CD may MD be VB filed VVN in IN the DT year NN 2006 CD and CC in IN each DT subsequent JJ fifth JJ calendar NN year NN , , or CC at IN such JJ other JJ times NNS as IN the DT parties NNS have VHP agreed VVN under IN section NN 115 CD c SYM 3 CD B NP and CC C NP . SENT 5 CD NOTE NN . SENT Deadline NN . SENT Section NN 116 CD proceedings NNS . SENT A DT A NP petition NN described VVD in IN subsection NN a DT to TO initiate VV proceedings NNS under IN section NN 801 CD b SYM concerning VVG the DT determination NN of IN royalty NN rates NNS and CC terms NNS as RB provided VVN in IN section NN 116 CD may MD be VB filed VVN at IN any DT time NN within IN 1 CD year NN after IN negotiated JJ licenses NNS authorized VVN by IN section NN 116 CD are VBP terminated VVN or CC expire VVP and CC are VBP not RB replaced VVN by IN subsequent JJ agreements NNS . SENT B SYM NOTE NN . SENT Deadline NN . SENT If IN a DT negotiated VVN license NN authorized VVN by IN section NN 116 CD is VBZ terminated VVN or CC expires VVZ and CC is VBZ not RB replaced VVN by IN another DT such JJ license NN agreement NN which WDT provides VVZ permission NN to TO use VV a DT quantity NN of IN musical JJ works NNS not RB substantially RB smaller JJR than IN the DT quantity NN of IN such JJ works NNS performed VVN on IN coin NN operated VVD phonorecord JJ players NNS during IN the DT 1 CD year NN period NN ending VVG March NP 1 CD , , 1989 CD , , the DT Copyright NP Royalty NP Judges NPS shall MD , , upon IN petition NN filed VVN under IN paragraph NN 1 CD within IN 1 CD year NN after IN such JJ termination NN or CC expiration NN , , commence VV a DT proceeding NN to TO promptly RB establish VV an DT interim JJ royalty NN rate NN or CC rates NNS for IN the DT public JJ performance NN by IN means NNS of IN a DT coin NN operated VVD phonorecord JJ player NN of IN nondramatic JJ musical JJ works NNS embodied VVN in IN phonorecords NNS which WDT had VHD been VBN subject JJ to TO the DT terminated VVN or CC expired VVN negotiated JJ license NN agreement NN . SENT Such JJ rate NN or CC rates NNS shall MD be VB the DT same JJ as IN the DT last JJ such JJ rate NN or CC rates NNS and CC shall MD remain VV in IN force NN until IN the DT conclusion NN of IN proceedings NNS by IN the DT Copyright NP Royalty NP Judges NPS , , in IN accordance NN with IN section NN 803 CD , , to TO adjust VV the DT royalty NN rates NNS applicable JJ to TO such JJ works NNS , , or CC until IN superseded VVN by IN a DT new JJ negotiated JJ license NN agreement NN , , as RB provided VVN in IN section NN 116 CD b SYM . SENT 6 CD Section NN 118 CD proceedings NNS . SENT A DT petition NN described VVN in IN subsection NN a DT to TO initiate VV proceedings NNS under IN section NN 801 CD b NN 1 CD concerning VVG the DT determination NN of IN reasonable JJ terms NNS and CC rates NNS of IN royalty NN payments NNS as RB provided VVN in IN section NN 118 CD may MD be VB filed VVN in IN the DT year NN 2006 CD and CC in IN each DT subsequent JJ fifth JJ calendar NN year NN . SENT 7 CD Section NN 1004 CD proceedings NNS . SENT A DT petition NN described VVN in IN subsection NN a DT to TO initiate VV proceedings NNS under IN section NN 801 CD b NN 1 CD concerning VVG the DT adjustment NN of IN reasonable JJ royalty NN rates NNS under IN section NN 1004 CD may MD be VB filed VVN as IN provided VVN in IN section NN 1004 CD a DT 3 CD . SENT 8 CD NOTE NN . SENT Federal NP Register NP , , publication NN . SENT Notice NN . SENT Proceedings NNS concerning VVG distribution NN of IN royalty NN fees NNS . SENT With IN respect NN to TO proceedings NNS under IN section NN 801 CD b NN 3 CD concerning VVG the DT distribution NN of IN royalty NN fees NNS in IN certain JJ circumstances NNS under IN section NN 111 CD , , 119 CD , , or CC 1007 CD , , the DT Copyright NP Royalty NP Judges NPS shall MD , , upon IN a DT determination NN that IN a DT controversy NN exists VVZ concerning VVG such JJ distribution NN , , cause VVP to TO be VB published VVN in IN the DT Federal NP Register NP notice NN of IN commencement NN of IN proceedings NNS under IN this DT chapter NN . SENT Sec NN . SENT 805 CD . SENT General JJ rule NN for IN voluntarily RB negotiated VVN agreements NNS Any DT rates NNS or CC terms NNS under IN this DT title NN that IN 1 CD are VBP agreed VVN to TO by IN participants NNS to TO a DT proceeding NN under IN section NN 803 CD b SYM 3 CD , , 2 CD are VBP adopted VVN by IN the DT Copyright NP Royalty NP Judges NPS as IN part NN of IN a DT determination NN under IN this DT chapter NN , , and CC Page NP 118 CD STAT NN . SENT 2361 CD 3 CD are VBP in IN effect NN for IN a DT period NN shorter JJR than IN would MD otherwise RB apply VV under IN a DT determination NN pursuant JJ to TO this DT chapter NN , , shall MD remain VV in IN effect NN for IN such JJ period NN of IN time NN as RB would MD otherwise RB apply VV under IN such JJ determination NN , , except IN that WDT the DT Copyright NP Royalty NP Judges NPS shall MD adjust VV the DT rates NNS pursuant JJ to TO the DT voluntary JJ negotiations NNS to TO reflect VV national JJ monetary JJ inflation NN during IN the DT additional JJ period NN the DT rates NNS remain VVP in IN effect NN . SENT . SENT b SYM Conforming VVG Amendment NP . SENT The DT table NN of IN chapters NNS for IN title NN 17 CD , , United NP States NPS Code NP , , is VBZ amended VVN by IN striking VVG the DT item NN relating VVG to TO chapter NN 8 CD and CC inserting VVG the DT following NN . SENT 8 CD . SENT Proceedings NNS by IN Copyright NP Royalty NP Judges NPS . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT . SENT 801 CD . SENT SEC NP . SENT 4 LS . SENT DEFINITION NN . SENT Section NN 101 CD is VBZ amended VVN by IN inserting VVG after IN the DT definition NN of IN copies NNS the DT following NN . SENT A DT Copyright NP Royalty NP Judge NP is VBZ a DT Copyright NP Royalty NP Judge NP appointed VVD under IN section NN 802 CD of IN this DT title NN , , and CC includes VVZ any DT individual NN serving VVG as IN an DT interim JJ Copyright NP Royalty NP Judge NP under IN such JJ section NN . SENT . SENT SEC NP . SENT 5 LS . SENT TECHNICAL JJ AMENDMENTS NNS . SENT a DT Cable NP Rates NP . SENT Section NN 111 CD d NN is VBZ amended VVN 1 CD in IN paragraph NN 2 CD , , in IN the DT second JJ sentence NN , , by IN striking VVG a DT copyright NN arbitration NN royalty NN panel NN and CC inserting VVG the DT Copyright NP Royalty NP Judges NPS . SENT . SENT and CC 2 CD in IN paragraph NN 4 CD A NP in IN subparagraph NP A NP , , by IN striking JJ Librarian NN of IN Congress NP each DT place NN it PP appears VVZ and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT B SYM in IN subparagraph NN B NP i NP in IN the DT first JJ sentence NN , , by IN striking JJ Librarian NN of IN Congress NP shall MD , , upon IN the DT recommendation NN of IN the DT Register NP of IN Copyrights NNS , , and CC inserting VVG Copyright NP Royalty NP Judges NPS shall MD . SENT ii NNS in IN the DT second JJ sentence NN , , by IN striking JJ Librarian NN determines VVZ and CC inserting VVG Copyright NP Royalty NP Judges NNS determine VVP . SENT and CC iii NNS in IN the DT third JJ sentence NN I NN by IN striking JJ Librarian NN each DT place NN it PP appears VVZ and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC II NP by IN striking VVG convene VV a DT copyright NN arbitration NN royalty NN panel NN and CC inserting VVG conduct VV a DT proceeding NN . SENT and CC C NP in IN subparagraph NP C NP , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT b SYM Ephemeral JJ Recordings NNS . SENT Section NN 112 CD e NN is VBZ amended VVN 1 CD in IN paragraph NN 3 CD A NP by IN amending VVG the DT first JJ sentence NN to TO read VV as RB follows VVZ . SENT Proceedings NNS under IN chapter NN 8 CD shall MD determine VV reasonable JJ rates NNS and CC terms NNS of IN royalty NN payments NNS for IN the DT activities NNS specified VVN by IN paragraph NN 1 CD during IN the DT 5 CD year NN period NN beginning NN on IN January NP 1 CD of IN the DT second JJ year NN following VVG the DT year NN in IN which WDT the DT proceedings NNS are VBP to TO be VB commenced VVD , , or CC such JJ other JJ period NN as IN the DT parties NNS may MD agree VV . SENT . SENT B NP in IN the DT third JJ sentence NN , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC Page NP 118 CD STAT NN . SENT 2362 CD C NP in IN the DT fourth JJ sentence NN , , by IN striking JJ negotiation NN . SENT 2 CD in IN paragraph NN 4 CD A NP by IN amending VVG the DT first JJ sentence NN to TO read VV as RB follows VVZ . SENT The DT schedule NN of IN reasonable JJ rates NNS and CC terms NNS determined VVN by IN the DT Copyright NP Royalty NP Judges NPS shall MD , , subject JJ to TO paragraph NN 5 CD , , be VB binding VVG on IN all DT copyright NN owners NNS of IN sound JJ recordings NNS and CC transmitting VVG organizations NNS entitled VVN to TO a DT statutory JJ license NN under IN this DT subsection NN during IN the DT 5 CD year NN period NN specified VVN in IN paragraph NN 3 CD , , or CC such JJ other JJ period NN as IN the DT parties NNS may MD agree VV . SENT . SENT B SYM by IN striking JJ copyright NN arbitration NN royalty NN panel NN each DT subsequent JJ place NN it PP appears VVZ and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT C SYM in IN the DT fourth JJ sentence NN , , by IN striking VVG its PP$ decision NN and CC inserting VVG their PP$ decision NN . SENT D SYM in IN the DT fifth JJ sentence NN , , by IN striking VVG negotiated VVN as IN provided VVN and CC inserting VVG described VVN . SENT and CC E NN in IN the DT last JJ sentence NN , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT 3 CD in IN paragraph NN 5 CD , , by IN striking JJ determination NN by IN a DT copyright NN arbitration NN royalty NN panel NN or CC decision NN by IN the DT Librarian NN of IN Congress NP and CC inserting VVG decision NN by IN the DT Librarian NN of IN Congress NP or CC determination NN by IN the DT Copyright NP Royalty NP Judges NPS . SENT 4 CD by IN striking JJ paragraph NN 6 CD and CC redesignating VVG paragraphs NNS 7 CD , , 8 CD , , and CC 9 CD , , as RB paragraphs VVZ 6 CD , , 7 CD , , and CC 8 CD , , respectively RB . SENT and CC 5 CD in IN paragraph NN 6 CD A DT , , as IN so RB redesignated JJ , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT c SYM Scope NN of IN Exclusive JJ Rights NNS in IN Sound JJ Recordings NNS . SENT Section NN 114 CD f NN is VBZ amended VVN 1 CD in IN paragraph NN 1 CD A NP in IN subparagraph NN A DT i NP by IN amending VVG the DT first JJ sentence NN to TO read VV as RB follows VVZ . SENT Proceedings NNS under IN chapter NN 8 CD shall MD determine VV reasonable JJ rates NNS and CC terms NNS of IN royalty NN payments NNS for IN subscription NN transmissions NNS by IN preexisting VVG subscription NN services NNS and CC transmissions NNS by IN preexisting VVG satellite JJ digital JJ audio JJ radio NN services NNS specified VVN by IN subsection NN d NN 2 CD during IN the DT 5 CD year NN period NN beginning NN on IN January NP 1 CD of IN the DT second JJ year NN following VVG the DT year NN in IN which WDT the DT proceedings NNS are VBP to TO be VB commenced VVD , , except IN where WRB a DT different JJ transitional JJ period NN is VBZ provided VVN under IN section NN 6 CD b SYM 3 CD of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD or CC such JJ other JJ period NN . SENT . SENT ii NNS in IN the DT third JJ sentence NN , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC iii NNS in IN the DT fourth JJ sentence NN , , by IN striking JJ negotiation NN . SENT B SYM in IN subparagraph NN B NP i NP by IN amending VVG the DT first JJ sentence NN to TO read VV as RB follows VVZ . SENT The DT schedule NN of IN reasonable JJ rates NNS and CC terms NNS determined VVN by IN the DT Copyright NP Royalty NP Judges NPS shall MD , , subject JJ to TO paragraph NN 3 CD , , be VB binding VVG on IN all DT copyright NN owners NNS of IN sound JJ recordings NNS and CC entities NNS performing VVG sound JJ recordings NNS affected VVN by IN this DT paragraph NN during IN Page NP 118 CD STAT NN . SENT 2363 RB the DT 5 CD year NN period NN specified VVN in IN subparagraph NN A NP , , a DT transitional JJ period NN provided VVN under IN section NN 6 CD b SYM 3 CD of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD , , or CC such JJ other JJ period NN as IN the DT parties NNS may MD agree VV . SENT . SENT ii NNS in IN the DT second JJ sentence NN , , by IN striking JJ copyright NN arbitration NN royalty NN panel NN and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC iii NNS in IN the DT second JJ sentence NN , , by IN striking VVG negotiated VVN as IN provided VVN and CC inserting VVG described VVN . SENT and CC C NP by IN amending VVG subparagraph NN C NP to TO read VV as RB follows VVZ . SENT C SYM The DT procedures NNS under IN subparagraphs NNS A NP and CC B NP also RB shall MD be VB initiated VVN pursuant JJ to TO a DT petition NN filed VVN by IN any DT copyright NN owners NNS of IN sound JJ recordings NNS , , any DT preexisting VVG subscription NN services NNS , , or CC any DT preexisting VVG satellite NN digital JJ audio JJ radio NN services NNS indicating VVG that IN a DT new JJ type NN of IN subscription NN digital JJ audio JJ transmission NN service NN on IN which WDT sound JJ recordings NNS are VBP performed VVN is VBZ or CC is VBZ about RB to TO become VV operational JJ , , for IN the DT purpose NN of IN determining VVG reasonable JJ terms NNS and CC rates NNS of IN royalty NN payments NNS with IN respect NN to TO such JJ new JJ type NN of IN transmission NN service NN for IN the DT period NN beginning NN with IN the DT inception NN of IN such JJ new JJ type NN of IN service NN and CC ending VVG on IN the DT date NN on IN which WDT the DT royalty NN rates NNS and CC terms NNS for IN subscription NN digital JJ audio JJ transmission NN services NNS most RBS recently RB determined VVN under IN subparagraph NN A NP or CC B NP and CC chapter NN 8 CD expire VVP , , or CC such JJ other JJ period NN as IN the DT parties NNS may MD agree VV . SENT . SENT 2 CD in IN paragraph NN 2 CD A NP in IN subparagraph NN A DT i NP by IN amending VVG the DT first JJ paragraph NN to TO read VV as RB follows VVZ . SENT Proceedings NNS under IN chapter NN 8 CD shall MD determine VV reasonable JJ rates NNS and CC terms NNS of IN royalty NN payments NNS for IN subscription NN transmissions NNS by IN eligible JJ nonsubscription NN transmission NN services NNS and CC transmissions NNS by IN new JJ subscription NN services NNS specified VVN by IN subsection NN d NN 2 CD during IN the DT 5 CD year NN period NN beginning NN on IN January NP 1 CD of IN the DT second JJ year NN following VVG the DT year NN in IN which WDT the DT proceedings NNS are VBP to TO be VB commenced VVD , , except IN where WRB a DT different JJ transitional JJ period NN is VBZ provided VVN under IN section NN 6 CD b SYM 3 CD of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD , , or CC such JJ other JJ period NN as IN the DT parties NNS may MD agree VV . SENT . SENT ii NNS in IN the DT third JJ sentence NN , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC iii NNS in IN the DT fourth JJ sentence NN , , by IN striking JJ negotiation NN . SENT B SYM in IN subparagraph NN B NP i NP by IN amending VVG the DT first JJ sentence NN to TO read VV as RB follows VVZ . SENT The DT schedule NN of IN reasonable JJ rates NNS and CC terms NNS determined VVN by IN the DT Copyright NP Royalty NP Judges NPS shall MD , , subject JJ to TO paragraph NN 3 CD , , be VB binding VVG on IN all DT copyright NN owners NNS of IN sound JJ recordings NNS and CC entities NNS performing VVG sound JJ recordings NNS affected VVN by IN this DT paragraph NN during IN the DT 5 CD year NN period NN specified VVN in IN subparagraph NN A NP , , a DT transitional JJ period NN provided VVN under IN section NN 6 CD b SYM 3 CD of IN the DT Copyright NP Royalty NP and CC Distribution NN Act NN of IN 2004 CD , , or CC such JJ other JJ period NN as IN the DT parties NNS may MD agree VV . SENT . SENT ii NNS by IN striking JJ copyright NN arbitration NN royalty NN panel NN each DT subsequent JJ place NN it PP appears VVZ and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC Page NP 118 CD STAT NN . SENT 2364 CD iii NNS in IN the DT last JJ sentence NN by IN striking VVG negotiated VVN as IN provided VVN and CC inserting VVG described VVN in RP . SENT and CC C NP by IN amending VVG subparagraph NN C NP to TO read VV as RB follows VVZ . SENT C SYM The DT procedures NNS under IN subparagraphs NNS A NP and CC B NP shall MD also RB be VB initiated VVN pursuant JJ to TO a DT petition NN filed VVN by IN any DT copyright NN owners NNS of IN sound JJ recordings NNS or CC any DT eligible JJ nonsubscription NN service NN or CC new JJ subscription NN service NN indicating VVG that IN a DT new JJ type NN of IN eligible JJ nonsubscription NN service NN or CC new JJ subscription NN service NN on IN which WDT sound JJ recordings NNS are VBP performed VVN is VBZ or CC is VBZ about RB to TO become VV operational JJ , , for IN the DT purpose NN of IN determining VVG reasonable JJ terms NNS and CC rates NNS of IN royalty NN payments NNS with IN respect NN to TO such JJ new JJ type NN of IN service NN for IN the DT period NN beginning NN with IN the DT inception NN of IN such JJ new JJ type NN of IN service NN and CC ending VVG on IN the DT date NN on IN which WDT the DT royalty NN rates NNS and CC terms NNS for IN preexisting VVG subscription NN digital JJ audio JJ transmission NN services NNS or CC preexisting VVG satellite JJ digital JJ radio NN audio NN services NNS , , as IN the DT case NN may MD be VB , , most RBS recently RB determined VVN under IN subparagraph NN A NP or CC B NP and CC chapter NN 8 CD expire VVP , , or CC such JJ other JJ period NN as IN the DT parties NNS may MD agree VV . SENT . SENT 3 CD in IN paragraph NN 3 CD , , by IN striking JJ determination NN by IN a DT copyright NN arbitration NN royalty NN panel NN or CC decision NN by IN the DT Librarian NN of IN Congress NP and CC inserting VVG decision NN by IN the DT Librarian NN of IN Congress NP or CC determination NN by IN the DT Copyright NP Royalty NP Judges NPS . SENT and CC 4 CD in IN paragraph NN 4 CD A DT by IN striking JJ Librarian NN of IN Congress NP each DT place NN it PP appears VVZ and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC B NP by IN adding VVG after IN the DT first JJ sentence NN of IN subparagraph NN A DT the DT following NN . SENT The DT notice NN and CC recordkeeping VVG rules NNS in IN effect NN on IN the DT day NN before IN the DT effective JJ date NN of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD shall MD remain VV in IN effect NN unless IN and CC until IN new JJ regulations NNS are VBP promulgated VVD by IN the DT Copyright NP Royalty NP Judges NPS . SENT If IN new JJ regulations NNS are VBP promulgated VVD under IN this DT subparagraph NN , , the DT Copyright NP Royalty NP Judges NPS shall MD take VV into IN account NN the DT substance NN and CC effect NN of IN the DT rules NNS in IN effect NN on IN the DT day NN before IN the DT effective JJ date NN of IN the DT Copyright NP Royalty NP and CC Distribution NN Reform NP Act NP of IN 2004 CD and CC shall MD , , to TO the DT extent NN practicable JJ , , avoid VV significant JJ disruption NN of IN the DT functions NNS of IN any DT designated VVN agent NN authorized VVD to TO collect VV and CC distribute VV royalty NN fees NNS . SENT . SENT d SYM Phonorecords NP of IN Nondramatic JJ Musical JJ Works NP . SENT Section NP 115 CD c SYM 3 CD is VBZ amended VVN 1 CD in IN subparagraph NN A DT ii NN , , by IN striking JJ F NN and CC inserting VVG E NN . SENT 2 CD in IN subparagraph NN B NP A NP by IN striking VVG under IN this DT paragraph NN and CC inserting VVG under IN this DT section NN . SENT B NP by IN inserting VVG on IN a DT nonexclusive NN basis NN after IN common JJ agents NNS . SENT and CC C NP by IN striking VVG subparagraphs NNS C NP through IN F NN and CC inserting VVG this DT subparagraph NN and CC subparagraphs NNS C NP through IN E NP . SENT and CC 3 CD in IN subparagraph NN C NP A NP by IN amending VVG the DT first JJ sentence NN to TO read VV as RB follows VVZ . SENT Proceedings NNS under IN chapter NN 8 CD shall MD determine VV reasonable JJ rates NNS and CC terms NNS of IN royalty NN payments NNS for IN the DT activities NNS specified VVN by IN this DT section NN during IN the DT period NN beginning NN with IN the DT effective JJ date NN of IN such JJ rates NNS and CC terms NNS , , but CC not RB earlier RBR than IN January NP 1 CD of IN the DT second JJ year NN following VVG the DT year NN in IN Page NP 118 CD STAT NN . SENT 2365 CD which WDT the DT petition NN requesting VVG the DT proceeding NN is VBZ filed VVN , , and CC ending VVG on IN the DT effective JJ date NN of IN successor NN rates NNS and CC terms NNS , , or CC such JJ other JJ period NN as IN the DT parties NNS may MD agree VV . SENT . SENT B NP in IN the DT third JJ sentence NN , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC C NP in IN the DT fourth JJ sentence NN , , by IN striking JJ negotiation NN . SENT 4 CD in IN subparagraph NN D NP A NP by IN amending VVG the DT first JJ sentence NN to TO read VV as RB follows VVZ . SENT The DT schedule NN of IN reasonable JJ rates NNS and CC terms NNS determined VVN by IN the DT Copyright NP Royalty NP Judges NPS shall MD , , subject JJ to TO subparagraph NN E NN , , be VB binding VVG on IN all DT copyright NN owners NNS of IN nondramatic JJ musical JJ works NNS and CC persons NNS entitled VVN to TO obtain VV a DT compulsory JJ license NN under IN subsection NN a DT 1 CD during IN the DT period NN specified VVN in IN subparagraph NN C NP , , such JJ other JJ period NN as RB may MD be VB determined VVN pursuant JJ to TO subparagraphs NNS B NP and CC C NP , , or CC such JJ other JJ period NN as IN the DT parties NNS may MD agree VV . SENT . SENT B NP in IN the DT third JJ sentence NN , , by IN striking JJ copyright NN arbitration NN royalty NN panel NN and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT C SYM in IN the DT third JJ sentence NN , , by IN striking VVG negotiated VVN as IN provided VVN in IN subparagraphs NNS B NP and CC C NP and CC inserting VVG described VVN . SENT and CC D NP in IN the DT last JJ sentence NN , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT 5 CD in IN subparagraph NN E NP A NP in IN clause NN i NP i NP in IN the DT first JJ sentence NN , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Librarian NN of IN Congress NP and CC Copyright NP Royalty NP Judges NPS . SENT and CC ii NNS in IN the DT second JJ sentence NN , , by IN striking JJ C NP , , D NP or CC F NP shall MD be VB given VVN effect NN and CC inserting VVG C NP or CC D NP shall MD be VB given VVN effect NN as RB to TO digital JJ phonorecord NN deliveries NNS . SENT and CC B NP in IN clause NN ii NNS I PP , , by IN striking JJ C NP , , D NP or CC F NP each DT place NN it PP appears VVZ and CC inserting VVG C NP or CC D NP . SENT and CC 6 CD by IN striking JJ subparagraph NN F NN and CC redesignating VVG subparagraphs NNS G NP through IN L NP as IN subparagraphs NNS F NN through IN K NP , , respectively RB . SENT e SYM Coin NP Operated VVD Phonorecord NP Players NPS . SENT Section NN 116 CD is VBZ amended VVN 1 CD in IN subsection NN b NN , , by IN amending VVG paragraph NN 2 CD to TO read VV as RB follows VVZ . SENT 2 CD Chapter NN 8 CD proceeding NN . SENT Parties NNS not RB subject VV to TO such PDT a DT negotiation NN may MD have VH the DT terms NNS and CC rates NNS and CC the DT division NN of IN fees NNS described VVN in IN paragraph NN 1 CD determined VVN in IN a DT proceeding NN in IN accordance NN with IN the DT provisions NNS of IN chapter NN 8 CD . SENT . SENT and CC 2 CD in IN subsection NN c NN A DT in IN the DT subsection NN heading VVG , , by IN striking JJ Copyright NN Arbitration NN Royalty NP Panel NN Determinations NNS and CC inserting VVG Determinations NNS by IN Copyright NP Royalty NP Judges NPS . SENT and CC B NP by IN striking VVG a DT copyright NN arbitration NN royalty NN panel NN and CC inserting VVG the DT Copyright NP Royalty NP Judges NPS . SENT f SYM Use NN of IN Certain NP Works NP in IN Connection NN With IN Noncommercial NN Broadcasting NP . SENT Section NN 118 CD is VBZ amended VVN 1 CD in IN subsection NN b NN A DT in IN paragraph NN 1 CD Page NP 118 CD STAT NN . SENT 2366 CD i NP in IN the DT first JJ sentence NN , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC ii NNS by IN striking VVG the DT second JJ and CC third JJ sentences NNS . SENT B SYM NOTE NN . SENT Deadline NN . SENT in IN paragraph NN 2 CD , , by IN striking JJ Librarian NN of IN Congress NP . SENT and CC all DT that WDT follows VVZ through IN the DT end NN of IN the DT sentence NN and CC inserting VVG Librarian NN of IN Congress NP or CC the DT Copyright NP Royalty NP Judges NPS , , if IN copies NNS of IN such JJ agreements NNS are VBP filed VVN with IN the DT Copyright NP Royalty NP Judges NPS within IN 30 CD days NNS of IN execution NN in IN accordance NN with IN regulations NNS that IN the DT Copyright NP Royalty NP Judges NPS shall MD issue VV . SENT . SENT and CC C NP in IN paragraph NN 3 CD i NP in IN the DT second JJ sentence NN I NN by IN striking JJ copyright NN arbitration NN royalty NN panel NN and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC II NP by IN striking VVG paragraph NN 2 CD . SENT and CC inserting VVG paragraph NN 2 CD or CC 3 CD . SENT . SENT ii NNS in IN the DT last JJ sentence NN , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC iii NNS by IN striking VVG 3 CD In IN and CC all DT that WDT follows VVZ through IN the DT end NN of IN the DT first JJ sentence NN and CC inserting VVG the DT following NN . SENT 3 CD Voluntary JJ negotiation NN proceedings NNS initiated VVD pursuant JJ to TO a DT petition NN filed VVN under IN section NN 804 CD a DT for IN the DT purpose NN of IN determining VVG a DT schedule NN of IN terms NNS and CC rates NNS of IN royalty NN payments NNS by IN public JJ broadcasting NN entities NNS to TO copyright NN owners NNS in IN works NNS specified VVN by IN this DT subsection NN and CC the DT proportionate JJ division NN of IN fees NNS paid VVN among IN various JJ copyright NN owners NNS shall MD cover VV the DT 5 CD year NN period NN beginning NN on IN January NP 1 CD of IN the DT second JJ year NN following VVG the DT year NN in IN which WDT the DT petition NN is VBZ filed VVN . SENT The DT parties NNS to TO each DT negotiation NN proceeding NN shall MD bear VV their PP$ own JJ costs NNS . SENT 4 CD NOTE NN . SENT Federal NP Register NP , , publication NN . SENT In IN the DT absence NN of IN license NN agreements NNS negotiated VVN under IN paragraph NN 2 CD or CC 3 CD , , the DT Copyright NP Royalty NP Judges NPS shall MD , , pursuant JJ to TO chapter NN 8 CD , , conduct VV a DT proceeding NN to TO determine VV and CC publish VV in IN the DT Federal NP Register NP a DT schedule NN of IN rates NNS and CC terms NNS which WDT , , subject JJ to TO paragraph NN 2 CD , , shall MD be VB binding VVG on IN all DT owners NNS of IN copyright NN in IN works NNS specified VVN by IN this DT subsection NN and CC public JJ broadcasting NN entities NNS , , regardless RB of IN whether IN such JJ copyright NN owners NNS have VHP submitted VVN proposals NNS to TO the DT Copyright NP Royalty NP Judges NPS . SENT . SENT 2 CD by IN striking JJ subsection NN c SYM and CC redesignating VVG subsections NNS d SYM through IN g NN as IN subsections NNS c SYM through IN f NN , , respectively RB . SENT 3 CD in IN subsection NN c NN , , as RB so RB redesignated JJ , , in IN the DT matter NN preceding VVG paragraph NN 1 CD A DT by IN striking JJ b NN 2 CD and CC inserting VVG b NN 2 CD or CC 3 CD . SENT B NP by IN striking VVG b NN 3 CD and CC inserting VVG b NN 4 CD . SENT and CC C NP by IN striking VVG a DT copyright NN arbitration NN royalty NN panel NN under IN subsection NN b NN 3 CD and CC inserting VVG the DT Copyright NP Royalty NP Judges NPS under IN subsection NN b NN 3 CD , , to TO the DT extent NN that IN they PP were VBD accepted VVN by IN the DT Librarian NN of IN Congress NP . SENT 4 CD in IN subsection NN d NN , , as RB so RB redesignated VVN A DT by IN striking VVG in IN the DT Copyright NP Office NP and CC inserting VVG with IN the DT Copyright NP Royalty NP Judges NPS . SENT and CC B NP by IN striking VVG Register NP of IN Copyrights NNS shall MD prescribe VV and CC inserting VVG Copyright NP Royalty NP Judges NPS shall MD prescribe VV as RB provided VVN in IN section NN 803 CD b SYM 6 CD . SENT and CC Page NP 118 CD STAT NN . SENT 2367 CD 5 CD in IN subsection NN f NN , , as RB so RB redesignated JJ , , by IN striking JJ d NN and CC inserting VVG c NN . SENT g NN Secondary JJ Transmissions NNS by IN Satellite NP Carriers NPS . SENT Section NP 119 CD b SYM is VBZ amended VVN 1 CD in IN paragraph NN 3 CD , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC 2 CD in IN paragraph NN 4 CD A NP in IN subparagraph NP A NP , , by IN striking JJ Librarian NN of IN Congress NP each DT place NN it PP appears VVZ and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC B NP by IN amending VVG subparagraphs NNS B NP and CC C NP to TO read VV as RB follows VVZ . SENT B SYM Determination NN of IN controversy NN . SENT distributions NNS . SENT After IN the DT first JJ day NN of IN August NP of IN each DT year NN , , the DT Copyright NP Royalty NP Judges NPS shall MD determine VV whether IN there EX exists VVZ a DT controversy NN concerning VVG the DT distribution NN of IN royalty NN fees NNS . SENT If IN the DT Copyright NP Royalty NP Judges NPS determine VVP that IN no DT such JJ controversy NN exists VVZ , , the DT Librarian NN of IN Congress NP shall MD , , after IN deducting VVG reasonable JJ administrative JJ costs NNS under IN this DT paragraph NN , , distribute VV such JJ fees NNS to TO the DT copyright NN owners NNS entitled VVN to TO receive VV them PP , , or CC to TO their PP$ designated VVN agents NNS . SENT If IN the DT Copyright NP Royalty NP Judges NPS find VVP the DT existence NN of IN a DT controversy NN , , the DT Copyright NP Royalty NP Judges NPS shall MD , , pursuant JJ to TO chapter NN 8 CD of IN this DT title NN , , conduct VV a DT proceeding NN to TO determine VV the DT distribution NN of IN royalty NN fees NNS . SENT C SYM Withholding NN of IN fees NNS during IN controversy NN . SENT During IN the DT pendency NN of IN any DT proceeding NN under IN this DT subsection NN , , the DT Copyright NP Royalty NP Judges NPS shall MD withhold VV from IN distribution NN an DT amount NN sufficient JJ to TO satisfy VV all DT claims NNS with IN respect NN to TO which WDT a DT controversy NN exists VVZ , , but CC shall MD have VH the DT discretion NN to TO proceed VV to TO distribute VV any DT amounts NNS that WDT are VBP not RB in IN controversy NN . SENT . SENT h NN Ratemaking NN for IN Satellite NP Carriers NPS . SENT Section NP 119 CD c SYM of IN title NN 17 CD , , United NP States NPS Code NP , , is VBZ amended VVN 1 CD in IN paragraph NN 2 CD A NP in IN subparagraph NP B NP , , by IN striking JJ Librarian NN of IN Congress NP and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC B NP in IN subparagraph NP C NP , , by IN striking VVG Register NP of IN Copyrights NNS shall MD prescribe VV and CC inserting VVG Copyright NP Royalty NP Judges NPS shall MD prescribe VV as RB provided VVN in IN section NN 803 CD b SYM 6 CD . SENT and CC 2 CD in IN paragraph NN 3 CD A NP in IN subparagraph NN A DT i NP by IN striking VVG arbitration NN proceedings NNS and CC inserting VVG proceedings NNS . SENT and CC ii NNS by IN striking JJ arbitration NN proceeding VVG and CC inserting VVG proceedings NNS . SENT B SYM in IN subparagraph NN B NP i NP by IN striking JJ copyright NN arbitration NN royalty NN panel NN appointed VVN under IN chapter NN 8 CD and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT and CC ii NNS by IN striking JJ panel NN shall MD base VV its PP$ decision NN and CC inserting VVG Copyright NP Royalty NP Judges NPS shall MD base VV their PP$ determination NN . SENT and CC C NP in IN subparagraph NP C NP Page NP 118 CD STAT NN . SENT 2368 CD i NP in IN the DT heading VVG , , by IN striking JJ decision NN of IN arbitration NN panel NN or CC order NN of IN librarian NN and CC inserting VVG determination NN under IN chapter NN 8 CD . SENT and CC ii NNS by IN striking JJ clauses NNS i NP and CC ii NP and CC inserting VVG the DT following NN . SENT i NP is VBZ made VVN by IN the DT Copyright NP Royalty NP Judges NPS pursuant JJ to TO this DT paragraph NN and CC becomes VVZ final JJ , , or CC ii NP is VBZ made VVN by IN the DT court NN on IN appeal NN under IN section NN 803 CD d SYM 3 CD , , . SENT i NP Digital NP Audio JJ Recording NP Devices NPS . SENT 1 CD Royalty NP payments NNS . SENT Section NN 1004 CD a DT 3 CD is VBZ amended VVN by IN striking JJ Librarian NN of IN Congress NP each DT place NN it PP appears VVZ and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT 2 CD Entitlement NN to TO royalty NN payments NNS . SENT Section NN 1006 CD c NN is VBZ amended VVN by IN striking JJ Librarian NN of IN Congress NP shall MD convene VV a DT copyright NN arbitration NN royalty NN panel NN which WDT and CC inserting VVG Copyright NP Royalty NP Judges NPS . SENT 3 CD Procedures NNS for IN distributing VVG royalty NN payments NNS . SENT Section NN 1007 CD is VBZ amended VVN A DT in IN subsection NN a DT , , by IN amending VVG paragraph NN 1 CD to TO read VV as RB follows VVZ . SENT 1 CD NOTE NN . SENT Regulations NNS . SENT Filing NN of IN claims NNS . SENT During IN the DT first JJ 2 CD months NNS of IN each DT calendar NN year NN , , every DT interested JJ copyright NN party NN seeking VVG to TO receive VV royalty NN payments NNS to TO which WDT such JJ party NN is VBZ entitled VVN under IN section NN 1006 CD shall MD file VV with IN the DT Copyright NP Royalty NP Judges NPS a DT claim NN for IN payments NNS collected VVN during IN the DT preceding JJ year NN in IN such JJ form NN and CC manner NN as IN the DT Copyright NP Royalty NP Judges NPS shall MD prescribe VV by IN regulation NN . SENT . SENT and CC B NP by IN amending VVG subsections NNS b SYM and CC c LS to TO read VV as RB follows VVZ . SENT b SYM Distribution NN of IN Payments NNS in IN the DT Absence NN of IN a DT Dispute NN . SENT After IN the DT period NN established VVN for IN the DT filing NN of IN claims NNS under IN subsection NN a DT , , in IN each DT year NN , , the DT Copyright NP Royalty NP Judges NPS shall MD determine VV whether IN there EX exists VVZ a DT controversy NN concerning VVG the DT distribution NN of IN royalty NN payments NNS under IN section NN 1006 CD c SYM . SENT NOTE NN . SENT Deadline NN . SENT If IN the DT Copyright NP Royalty NP Judges NPS determine VVP that IN no DT such JJ controversy NN exists VVZ , , the DT Librarian NN of IN Congress NP shall MD , , within IN 30 CD days NNS after IN such JJ determination NN , , authorize VV the DT distribution NN of IN the DT royalty NN payments NNS as RB set VVN forth RB in IN the DT agreements NNS regarding VVG the DT distribution NN of IN royalty NN payments NNS entered VVN into IN pursuant JJ to TO subsection NN a DT . SENT The DT Librarian NN of IN Congress NP shall MD , , before IN such JJ royalty NN payments NNS are VBP distributed VVN , , deduct VV the DT reasonable JJ administrative JJ costs NNS incurred VVN by IN the DT Librarian NN under IN this DT section NN . SENT c SYM Resolution NP of IN Disputes NNS . SENT If IN the DT Copyright NP Royalty NP Judges NPS find VVP the DT existence NN of IN a DT controversy NN , , the DT Copyright NP Royalty NP Judges NPS shall MD , , pursuant JJ to TO chapter NN 8 CD of IN this DT title NN , , conduct VV a DT proceeding NN to TO determine VV the DT distribution NN of IN royalty NN payments NNS . SENT During IN the DT pendency NN of IN such PDT a DT proceeding NN , , the DT Copyright NP Royalty NP Judges NPS shall MD withhold VV from IN distribution NN an DT amount NN sufficient JJ to TO satisfy VV all DT claims NNS with IN respect NN to TO which WDT a DT controversy NN exists VVZ , , but CC shall MD , , to TO the DT extent NN feasible JJ , , authorize VV the DT distribution NN of IN any DT amounts NNS that WDT are VBP not RB in IN controversy NN . SENT The DT Librarian NN of IN Congress NP shall MD , , before IN such JJ royalty NN payments NNS are VBP distributed VVN , , deduct VV the DT reasonable JJ administrative JJ costs NNS incurred VVN by IN the DT Librarian NN under IN this DT section NN . SENT . SENT 4 CD Determination NN of IN certain JJ disputes NNS . SENT A DT Section NP 1010 CD is VBZ amended VVN to TO read VV as RB follows VVZ . SENT Page NN 118 CD STAT NN . SENT 2369 CD Sec NN . SENT 1010 CD . SENT Determination NN of IN certain JJ disputes NNS a DT Scope NN of IN Determination NN . SENT Before IN the DT date NN of IN first JJ distribution NN in IN the DT United NP States NPS of IN a DT digital JJ audio JJ recording NN device NN or CC a DT digital JJ audio JJ interface NN device NN , , any DT party NN manufacturing NN , , importing VVG , , or CC distributing VVG such JJ device NN , , and CC any DT interested JJ copyright NN party NN may MD mutually RB agree VV to TO petition VV the DT Copyright NP Royalty NP Judges NPS to TO determine VV whether IN such JJ device NN is VBZ subject JJ to TO section NN 1002 CD , , or CC the DT basis NN on IN which WDT royalty NN payments NNS for IN such JJ device NN are VBP to TO be VB made VVN under IN section NN 1003 CD . SENT b SYM Initiation NN of IN Proceedings NNS . SENT The DT parties NNS under IN subsection NN a DT shall MD file VV the DT petition NN with IN the DT Copyright NP Royalty NP Judges NPS requesting VVG the DT commencement NN of IN a DT proceeding NN . SENT NOTE NN . SENT Deadline NN . SENT Notice NN . SENT Federal NP Register NP , , publication NN . SENT Within IN 2 CD weeks NNS after IN receiving VVG such PDT a DT petition NN , , the DT Chief NP Copyright NP Royalty NP Judge NP shall MD cause VV notice NN to TO be VB published VVN in IN the DT Federal NP Register NP of IN the DT initiation NN of IN the DT proceeding NN . SENT c SYM Stay NP of IN Judicial NP Proceedings NNS . SENT Any DT civil JJ action NN brought VVN under IN section NN 1009 CD against IN a DT party NN to TO a DT proceeding NN under IN this DT section NN shall MD , , on IN application NN of IN one CD of IN the DT parties NNS to TO the DT proceeding NN , , be VB stayed VVN until IN completion NN of IN the DT proceeding NN . SENT d SYM Proceeding NN . SENT The DT Copyright NP Royalty NP Judges NPS shall MD conduct VV a DT proceeding NN with IN respect NN to TO the DT matter NN concerned VVN , , in IN accordance NN with IN such JJ procedures NNS as IN the DT Copyright NP Royalty NP Judges NPS may MD adopt VV . SENT The DT Copyright NP Royalty NP Judges NPS shall MD act VV on IN the DT basis NN of IN a DT fully RB documented VVN written JJ record NN . SENT Any DT party NN to TO the DT proceeding NN may MD submit VV relevant JJ information NN and CC proposals NNS to TO the DT Copyright NP Royalty NP Judges NPS . SENT The DT parties NNS to TO the DT proceeding NN shall MD each DT bear NN their PP$ respective JJ costs NNS of IN participation NN . SENT e SYM Judicial NP Review NP . SENT Any DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS under IN subsection NN d NN may MD be VB appealed VVN , , by IN a DT party NN to TO the DT proceeding NN , , in IN accordance NN with IN section NN 803 CD d SYM of IN this DT title NN . SENT The DT pendency NN of IN an DT appeal NN under IN this DT subsection NN shall MD not RB stay VV the DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS . SENT If IN the DT court NN modifies VVZ the DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS , , the DT court NN shall MD have VH jurisdiction NN to TO enter VV its PP$ own JJ decision NN in IN accordance NN with IN its PP$ final JJ judgment NN . SENT The DT court NN may MD further RBR vacate VV the DT determination NN of IN the DT Copyright NP Royalty NP Judges NPS and CC remand VV the DT case NN for IN proceedings NNS as IN provided VVN in IN this DT section NN . SENT . SENT B SYM The DT item NN relating VVG to TO section NN 1010 CD in IN the DT table NN of IN sections NNS for IN chapter NN 10 CD is VBZ amended VVN to TO read VV as RB follows VVZ . SENT 1010 CD . SENT Determination NN of IN certain JJ disputes NNS . SENT . SENT SEC NP . SENT 6 CD . SENT EFFECTIVE JJ DATE NN AND CC TRANSITION NN PROVISIONS NNS . SENT NOTE NN . SENT 17 CD USC NN 801 CD note NN . SENT a DT Effective JJ Date NN . SENT This DT Act NP and CC the DT amendments NNS made VVN by IN this DT Act NP shall MD take VV effect NN 6 CD months NNS after IN the DT date NN of IN enactment NN of IN this DT Act NP , , except IN that WDT the DT Librarian NN of IN Congress NP shall MD appoint VV 1 CD or CC more JJR interim JJ Copyright NP Royalty NP Judges NPS under IN section NN 802 CD d SYM of IN title NN 17 CD , , United NP States NPS Code NP , , as RB amended VVN by IN this DT Act NP , , within IN 90 CD days NNS after IN such JJ date NN of IN enactment NN to TO carry VV out RP the DT functions NNS of IN the DT Copyright NP Royalty NP Judges NPS under IN title NN 17 CD , , United NP States NPS Code NP , , to TO the DT extent NN that IN Copyright NP Royalty NP Judges NPS provided VVD for IN in IN section NN 801 CD a DT of IN title NN 17 CD , , United NP States NPS Code NP , , as RB amended VVN by IN this DT Act NP , , have VHP not RB been VBN appointed VVN before IN the DT end NN of IN that DT 90 CD day NN period NN . SENT b SYM Transition NN Provisions NNS . SENT 1 CD In IN general NN . SENT Subject JJ to TO paragraphs NNS 2 CD and CC 3 CD , , the DT amendments NNS made VVN by IN this DT Act NP shall MD not RB affect VV any DT proceedings NNS commenced VVD , , petitions NNS filed VVD , , or CC voluntary JJ agreements NNS entered VVN Page NP 118 CD STAT NN . SENT 2370 CD into IN before IN the DT effective JJ date NN provided VVN in IN subsection NN a DT under IN the DT provisions NNS of IN title NN 17 CD , , United NP States NPS Code NP , , as RB amended VVN by IN this DT Act NP , , and CC pending VVG on IN such JJ effective JJ date NN . SENT Such JJ proceedings NNS shall MD continue VV , , determinations NNS made VVD in IN such JJ proceedings NNS , , and CC appeals NNS taken VVN therefrom RB , , as RB if IN this DT Act NP had VHD not RB been VBN enacted VVN , , and CC shall MD continue VV in IN effect NN until IN modified VVN under IN title NN 17 CD , , United NP States NPS Code NP , , as RB amended VVN by IN this DT Act NP . SENT Such JJ petitions NNS filed VVN and CC voluntary JJ agreements NNS entered VVD into IN shall MD remain VV in IN effect NN as IN if IN this DT Act NP had VHD not RB been VBN enacted VVN . SENT For IN purposes NNS of IN this DT paragraph NN , , the DT Librarian NN of IN Congress NP may MD determine VV whether IN a DT proceeding NN has VHZ commenced VVD . SENT The DT Librarian NN of IN Congress NP may MD terminate VV any DT proceeding NN commenced VVD before IN the DT date NN of IN enactment NN of IN this DT Act NP pursuant JJ to TO chapter NN 8 CD of IN title NN 17 CD , , United NP States NPS Code NP , , and CC any DT proceeding NN so RB terminated VVD shall MD become VV null NN and CC void NN . SENT In IN such JJ cases NNS , , the DT Copyright NP Royalty NP Judges NPS may MD initiate VV a DT new JJ proceeding NN in IN accordance NN with IN regulations NNS adopted VVD pursuant JJ to TO section NN 803 CD b SYM 6 CD of IN title NN 17 CD , , United NP States NPS Code NP . SENT 2 CD Certain JJ royalty NN rate NN proceedings NNS . SENT Notwithstanding IN paragraph NN 1 CD , , the DT amendments NNS made VVN by IN this DT Act NP shall MD not RB affect VV proceedings NNS to TO determine VV royalty NN rates NNS pursuant JJ to TO section NN 119 CD c SYM of IN title NN 17 CD , , United NP States NPS Code NP , , that WDT are VBP commenced VVN before IN January NP 31 CD , , 2006 CD . SENT 3 CD NOTE NN . SENT Termination NN date NN . SENT Pending VVG proceedings NNS . SENT Notwithstanding IN paragraph NN 1 CD , , any DT proceedings NNS to TO establish VV or CC adjust VV rates NNS and CC terms NNS for IN the DT statutory JJ licenses NNS under IN section NN 114 CD f SYM 2 CD or CC 112 CD e NN of IN title NN 17 CD , , United NP States NPS Code NP , , for IN a DT statutory JJ period NN commencing VVG on IN or CC after IN January NP 1 CD , , 2005 CD , , shall MD be VB terminated VVN upon IN the DT date NN of IN enactment NN of IN this DT Act NP and CC shall MD be VB null JJ and CC void JJ . SENT The DT rates NNS and CC terms NNS in IN effect NN under IN section NN 114 CD f SYM 2 CD or CC 112 CD e NN of IN title NN 17 CD , , United NP States NPS Code NP , , on IN December NP 31 CD , , 2004 CD , , for IN new JJ subscription NN services NNS , , eligible JJ nonsubscription NN services NNS , , and CC services NNS exempt JJ under IN section NN 114 CD d SYM 1 CD C NP iv NN of IN such JJ title NN , , and CC the DT rates NNS and CC terms NNS published VVN in IN the DT Federal NP Register NP under IN the DT authority NN of IN the DT Small NP Webcaster NP Settlement NP Act NP of IN 2002 CD 17 CD U NP . SENT S NP . SENT C SYM . SENT 114 CD note NN . SENT Public JJ Law NP 107 CD 321 CD including VVG the DT amendments NNS made VVN by IN that DT Act NP for IN the DT years NNS 2003 CD through IN 2004 CD , , as RB well RB as IN any DT notice NN and CC recordkeeping VVG provisions NNS adopted VVN pursuant JJ thereto RB , , shall MD remain VV in IN effect NN until IN the DT later RBR of IN the DT first JJ applicable JJ effective JJ date NN for IN successor NN terms NNS and CC rates NNS specified VVN in IN section NN 804 CD b SYM 2 CD or CC 3 CD A DT of IN title NN 17 CD , , United NP States NPS Code NP , , or CC such JJ later JJR date NN as IN the DT parties NNS may MD agree VV or CC the DT Copyright NP Royalty NP Judges NPS may MD establish VV . SENT For IN the DT period NN commencing VVG January NP 1 CD , , 2005 CD , , an DT eligible JJ small JJ webcaster NN or CC a DT noncommercial NN webcaster NN , , as RB defined VVN in IN the DT regulations NNS published VVN by IN the DT Register NP of IN Copyrights NNS pursuant JJ to TO the DT Small NP Webcaster NP Settlement NP Act NP of IN 2002 CD 17 CD U NP . SENT S NP . SENT C SYM . SENT 114 CD note NN . SENT Public JJ Law NP 107 CD 321 CD including VVG the DT amendments NNS made VVN by IN that DT Act NP , , may MD elect VV to TO be VB subject JJ to TO the DT rates NNS and CC terms NNS published VVN in IN those DT regulations NNS by IN complying VVG with IN the DT procedures NNS governing VVG the DT election NN process NN set VVD forth RB in IN those DT regulations NNS not RB later RBR than IN the DT first JJ date NN on IN which WDT the DT webcaster NN would MD be VB obligated VVN to TO make VV a DT royalty NN payment NN for IN such JJ period NN . SENT Until IN successor NN terms NNS and CC rates NNS have VHP been VBN established VVN for IN the DT period NN commencing VVG January NP 1 CD , , 2006 CD , , licensees NNS shall MD continue VV to TO make VV royalty NN payments NNS at IN the DT rates NNS and CC on IN the DT terms NNS previously RB Page NP 118 CD STAT NN . SENT 2371 CD in IN effect NN , , subject JJ to TO retroactive JJ adjustment NN when WRB successor NN rates NNS and CC terms NNS for IN such JJ services NNS are VBP established VVN . SENT 4 CD NOTE NN . SENT Publication NN . SENT Notice NN . SENT Interim JJ proceedings NNS . SENT Notwithstanding IN subsection NN a DT , , as RB soon RB as RB practicable JJ after IN the DT date NN of IN enactment NN of IN this DT Act NP , , the DT Copyright NP Royalty NP Judges NPS or CC interim JJ Copyright NP Royalty NP Judges NPS shall MD publish VV the DT notice NN described VVN in IN section NN 803 CD b SYM 1 CD A NP of IN title NN 17 CD , , United NP States NPS Code NP , , as RB amended VVN by IN this DT Act NP , , to TO initiate VV a DT proceeding NN to TO establish VV or CC adjust VV rates NNS and CC terms NNS for IN the DT statutory JJ licenses NNS under IN section NN 114 CD f SYM 2 CD or CC 112 CD e NN of IN title NN 17 CD , , United NP States NPS Code NP , , for IN new JJ subscription NN services NNS and CC eligible JJ nonsubscription NN services NNS for IN the DT period NN commencing VVG January NP 1 CD , , 2006 CD . SENT The DT Copyright NP Royalty NP Judges NPS or CC Interim JJ Copyright NP Royalty NP Judges NPS are VBP authorized VVN to TO cause VV that IN proceeding VVG to TO take VV place NN as IN provided VVN in IN subsection NN b NN of IN section NN 803 CD of IN that DT title NN within IN the DT time NN periods NNS set VVD forth RB in IN that DT subsection NN . SENT Notwithstanding IN section NN 803 CD c SYM 1 CD of IN that DT title NN , , the DT Copyright NP Royalty NP Judges NPS shall MD not RB be VB required VVN to TO issue VV their PP$ determination NN in IN that DT proceeding NN before IN the DT expiration NN of IN the DT statutory JJ rates NNS and CC terms NNS in IN effect NN on IN December NP 31 CD , , 2004 CD . SENT c SYM Existing JJ Appropriations NNS . SENT Any DT funds NNS made VVD available JJ in IN an DT appropriations NNS Act NP to TO carry VV out RP chapter NN 8 CD of IN title NN 17 CD , , United NP States NPS Code NP , , shall MD be VB available JJ to TO the DT extent NN necessary JJ to TO carry VV out RP this DT section NN . SENT Approved VVN November NP 30 CD , , 2004 CD . SENT LEGISLATIVE JJ HISTORY NN H NN . SENT R SYM . SENT 1417 CD . SENT HOUSE NN REPORTS NNS . SENT No UH . SENT 108 CD 408 CD Comm NP . SENT on IN the DT Judiciary NP . SENT CONGRESSIONAL JJ RECORD NN , , Vol NP . SENT 150 CD 2004 CD . SENT Mar NP . SENT 3 LS , , considered VVN and CC passed VVN House NP . SENT Oct NP . SENT 6 CD , , considered VVN and CC passed VVN Senate NP , , ameneded VVD . SENT Nov NP . SENT 17 CD , , House NP concurred VVD in IN Senate NP amendment NN . SENT all DT