Page:United States Statutes at Large Volume 102 Part 4.djvu/986

 102 STAT. 3956

PUBLIC LAW 100-667—NOV. 16, 1988 nal in accordance with this paragraph, or established by any order issued under subparagraph (F), shall become effective on the date when the decision of the IVibunal is published in the Federal Roister under subparagraph (F), and shall remain in effect until modified in accordance with paragraph (4), or until December 31, 1994. "(H) PERSONS SUBJECT TO ROYALTY FEE.—The royalty fee

adopted or ordered under subparagraph (F) shall be binding on all satellite carriers, distributors, and copyright owners, who are not party to a voluntary agreement filed with the Copyright Office under paragraph (2). "(4) JUDICIAL REVIEW.—Any decision of the Copyright Royalty Tribunal under paragraph (3) with respect to a determination of the Arbitration Panel may be appealed, by any aggrieved party who would be bound by the determination, to the United Stated Court of Appeals for the District of Columbia Circuit, within 30 days after the publication of the decision in the Federal R o ister. The pendency of an appeal under this paragraph shall not relieve satellite carriers of the obligation under subsection (b)(D to deposit the statement of account and royalty fees specific in that subsection. The court shall have jurisdiction to modify or vacate a decision of the Tribunal only if it finds, on the basis of the record before the Tribunal and the statutory criteria set forth in paragraph (3)(D), that the Arbitration Panel or the Tribunal acted in an arbitrary manner. If the court modifies the decision of the Tribunal, the court shall have jurisdiction to enter its own determination with respect to royalty fees, to order the repayment of any excess fees deposited under suteection (b)(l)(B), and to order the payment of any underpaid fees, and the interest pertaining respectively thereto, in accordance with its final judgment. The court may further vacate the decision of the Tribunal and remand the case for arbitration proceedings in accordance with paragraph (3). "(d) DEFINITIONS.—As used in this section— "(1) DISTRIBUTOR.—The term 'distributor' means an entity which conlsiBCts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers for private home viewing or indirectly through other program distribution entities. (2) NETWORK STATION.—The term 'network station' has the meaning given that term in section 111(f) of this title, and includes any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station. "(3) PRIMARY NETWORK STATION.—The term 'primary network station' means a network station that broadcasts or rebroadcasts the basic programming service of a particular national network. "(4) PRIMARY TRANSMISSION.—The term 'primary transmission' has the meaning given that term in section 111(f) of this title. "(5) PRIVATE HOME VIEWING.—The term 'private home viewing' means the viewing, for private use in a household by means of satelUte reception equipment which is operated by an individual in l ^ t household and which serves only such household, of a secondary transmission delivered by a satellite carrier of a

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