Page:United States Statutes at Large Volume 118.djvu/2373

 118 STAT. 2343 PUBLIC LAW 108–419—NOV. 30, 2004 ‘‘(i) carriage of any signal permitted under the rules and regulations of the Federal Communications Commission in effect on April 15, 1976, or the carriage of a signal of the same type (that is, independent, network, or noncommercial educational) substituted for such permitted signal; or ‘‘(ii) a television broadcast signal first carried after April 15, 1976, pursuant to an individual waiver of the rules and regulations of the Federal Communica tions Commission, as such rules and regulations were in effect on April 15, 1976. ‘‘(C) In the event of any change in the rules and regula tions of the Federal Communications Commission with respect to syndicated and sports program exclusivity after April 15, 1976, the rates established by section 111(d)(1)(B) may be adjusted to assure that such rates are reasonable in light of the changes to such rules and regulations, but any such adjustment shall apply only to the affected tele vision broadcast signals carried on those systems affected by the change. ‘‘(D) The gross receipts limitations established by sec tion 111(d)(1) (C) and (D) shall be adjusted to reflect national monetary inflation or deflation or changes in the average rates charged cable system subscribers for the basic service of providing secondary transmissions to main tain the real constant dollar value of the exemption pro vided by such section, and the royalty rate specified therein shall not be subject to adjustment. ‘‘(3)(A) To authorize the distribution, under sections 111, 119, and 1007, of those royalty fees collected under sections 111, 119, and 1005, as the case may be, to the extent that the Copyright Royalty Judges have found that the distribution of such fees is not subject to controversy. ‘‘(B) In cases where the Copyright Royalty Judges deter mine that controversy exists, the Copyright Royalty Judges shall determine the distribution of such fees, including partial distributions, in accordance with section 111, 119, or 1007, as the case may be. ‘‘(C) The Copyright Royalty Judges may make a partial distribution of such fees during the pendency of the proceeding under subparagraph (B) if all participants under section 803(b)(2) in the proceeding that are entitled to receive those fees that are to be partially distributed— ‘‘(i) agree to such partial distribution; ‘‘(ii) sign an agreement obligating them to return any excess amounts to the extent necessary to comply with the final determination on the distribution of the fees made under subparagraph (B); ‘‘(iii) file the agreement with the Copyright Royalty Judges; and ‘‘(iv) agree that such funds are available for distribu tion. ‘‘(D) The Copyright Royalty Judges and any other officer or employee acting in good faith in distributing funds under subparagraph (C) shall not be held liable for the payment of any excess fees under subparagraph (C). The Copyright

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