Page:United States Statutes at Large Volume 118.djvu/2384

 118 STAT. 2354 PUBLIC LAW 108–419—NOV. 30, 2004 incorporation by reference of past records, or for good cause shown. ‘‘(c) DETERMINATION OF COPYRIGHT ROYALTY JUDGES.— ‘‘(1) TIMING.—The Copyright Royalty Judges shall issue their determination in a proceeding not later than 11 months after the conclusion of the 21 day settlement conference period under subsection (b)(6)(C)(x), but, in the case of a proceeding to determine successors to rates or terms that expire on a specified date, in no event later than 15 days before the expira tion of the then current statutory rates and terms. ‘‘(2) REHEARINGS.— ‘‘(A) IN GENERAL.—The Copyright Royalty Judges may, in exceptional cases, upon motion of a participant in a proceeding under subsection (b)(2), order a rehearing, after the determination in the proceeding is issued under para graph (1), on such matters as the Copyright Royalty Judges determine to be appropriate. ‘‘(B) TIMING FOR FILING MOTION.—Any motion for a rehearing under subparagraph (A) may only be filed within 15 days after the date on which the Copyright Royalty Judges deliver to the participants in the proceeding their initial determination concerning rates and terms. ‘‘(C) PARTICIPATION BY OPPOSING PARTY NOT REQUIRED.—In any case in which a rehearing is ordered, any opposing party shall not be required to participate in the rehearing, except that nonparticipation may give rise to the limitations with respect to judicial review pro vided for in subsection (d)(1). ‘‘(D) NO NEGATIVE INFERENCE.—No negative inference shall be drawn from lack of participation in a rehearing. ‘‘(E) CONTINUITY OF RATES AND TERMS.—(i) If the deci sion of the Copyright Royalty Judges on any motion for a rehearing is not rendered before the expiration of the statutory rates and terms that were previously in effect, in the case of a proceeding to determine successors to rates and terms that expire on a specified date, then— ‘‘(I) the initial determination of the Copyright Roy alty Judges that is the subject of the rehearing motion shall be effective as of the day following the date on which the rates and terms that were previously in effect expire; and ‘‘(II) in the case of a proceeding under section 114(f)(1)(C) or 114(f)(2)(C), royalty rates and terms shall, for purposes of section 114(f)(4)(B), be deemed to have been set at those rates and terms contained in the initial determination of the Copyright Royalty Judges that is the subject of the rehearing motion, as of the date of that determination. ‘‘(ii) The pendency of a motion for a rehearing under this paragraph shall not relieve persons obligated to make royalty payments who would be affected by the determina tion on that motion from providing the statements of account and any reports of use, to the extent required, and paying the royalties required under the relevant deter mination or regulations. ‘‘(iii) Notwithstanding clause (ii), whenever royalties described in clause (ii) are paid to a person other than Deadlines. Effective date. Deadline. Deadlines.

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