Page:United States Statutes at Large Volume 118.djvu/2389

 118 STAT. 2359 PUBLIC LAW 108–419—NOV. 30, 2004 limitation on exclusive rights specified by section 114(d)(1)(C)(iv), to become effective on January 1, 2009. Such proceedings shall be repeated in each subsequent fifth calendar year. ‘‘(3) SECTION 114 AND CORRESPONDING 112 PROCEEDINGS.— ‘‘(A) FOR ELIGIBLE NONSUBSCRIPTION SERVICES AND NEW SUBSCRIPTION SERVICES.—Proceedings under this chapter shall be commenced as soon as practicable after the effec tive date of the Copyright Royalty and Distribution Reform Act of 2004 to determine reasonable terms and rates of royalty payments under sections 114 and 112 for the activi ties of eligible nonsubscription transmission services and new subscription services, to be effective for the period beginning on January 1, 2006, and ending on December 31, 2010. Such proceedings shall next be commenced in January 2009 to determine reasonable terms and rates of royalty payments, to become effective on January 1, 2011. Thereafter, such proceedings shall be repeated in each subsequent fifth calendar year. ‘‘(B) FOR PREEXISTING SUBSCRIPTION AND SATELLITE DIGITAL AUDIO RADIO SERVICES.—Proceedings under this chapter shall be commenced in January 2006 to determine reasonable terms and rates of royalty payments under sec tions 114 and 112 for the activities of preexisting subscrip tion services, to be effective during the period beginning on January 1, 2008, and ending on December 31, 2012, and preexisting satellite digital audio radio services, to be effective during the period beginning on January 1, 2007, and ending on December 31, 2012. Such proceedings shall next be commenced in 2011 to determine reasonable terms and rates of royalty payments, to become effective on January 1, 2013. Thereafter, such proceedings shall be repeated in each subsequent fifth calendar year. ‘‘(C)(i) Notwithstanding any other provision of this chapter, this subparagraph shall govern proceedings com menced pursuant to section 114(f)(1)(C) and 114(f)(2)(C) concerning new types of services. ‘‘(ii) Not later than 30 days after a petition to determine rates and terms for a new type of service that is filed by any copyright owner of sound recordings, or such new type of service, indicating that such new type of service is or is about to become operational, the Copyright Royalty Judges shall issue a notice for a proceeding to determine rates and terms for such service. ‘‘(iii) The proceeding shall follow the schedule set forth in such subsections (b), (c), and (d) of section 803, except that— ‘‘(I) the determination shall be issued by not later than 24 months after the publication of the notice under clause (ii); and ‘‘(II) the decision shall take effect as provided in subsections (c)(2) and (d)(2) of section 803 and section 114(f)(4)(B)(ii) and (C). ‘‘(iv) The rates and terms shall remain in effect for the period set forth in section 114(f)(1)(C) or 114(f)(2)(C), as the case may be. Effective date. Deadline. Deadline. Notice. Effective dates. Termination dates. Effective dates. Termination date.

�