Page:United States Statutes at Large Volume 118.djvu/3431

 118 STAT. 3401 PUBLIC LAW 108–447—DEC. 8, 2004 each secondary transmission of each superstation or net work station during each calendar month by the appro priate rate in effect under this section.’’. (4) Subsection (b)(1) is further amended by adding at the end the following flush sentence: ‘‘Notwithstanding the provi sions of subparagraph (B), a satellite carrier whose secondary transmissions are subject to statutory licensing under para graph (1) or (2) of subsection (a) shall have no royalty obligation for secondary transmissions to a subscriber under paragraph (3) of such subsection.’’. (5) Subsection (c) is amended to read as follows: ‘‘(c) ADJUSTMENT OF ROYALTY FEES.— ‘‘(1) APPLICABILITY AND DETERMINATION OF ROYALTY FEES FOR ANALOG SIGNALS.— ‘‘(A) INITIAL FEE.—The appropriate fee for purposes of determining the royalty fee under subsection (b)(1)(B) for the secondary transmission of the primary analog trans missions of network stations and superstations shall be the appropriate fee set forth in part 258 of title 37, Code of Federal Regulations, as in effect on July 1, 2004, as modified under this paragraph. ‘‘(B) FEE SET BY VOLUNTARY NEGOTIATION.—On or before January 2, 2005, the Librarian of Congress shall cause to be published in the Federal Register of the initi ation of voluntary negotiation proceedings for the purpose of determining the royalty fee to be paid by satellite carriers for the secondary transmission of the primary analog trans mission of network stations and superstations under sub section (b)(1)(B). ‘‘(C) NEGOTIATIONS.—Satellite carriers, distributors, and copyright owners entitled to royalty fees under this section shall negotiate in good faith in an effort to reach a voluntary agreement or agreements for the payment of royalty fees. Any such satellite carriers, distributors and copyright owners may at any time negotiate and agree to the royalty fee, and may designate common agents to negotiate, agree to, or pay such fees. If the parties fail to identify common agents, the Librarian of Congress shall do so, after requesting recommendations from the parties to the negotiation proceeding. The parties to each negotia tion proceeding shall bear the cost thereof. ‘‘(D) AGREEMENTS BINDING ON PARTIES; FILING OF AGREEMENTS; PUBLIC NOTICE.—(i) Voluntary agreements negotiated at any time in accordance with this paragraph shall be binding upon all satellite carriers, distributors, and copyright owners that a parties thereto. Copies of such agreements shall be filed with the Copyright Office within 30 days after execution in accordance with regula tions that the Register of Copyrights shall prescribe. ‘‘(ii)(I) Within 10 days after publication in the Federal Register of a notice of the initiation of voluntary negotiation proceedings, parties who have reached a voluntary agree ment may request that the royalty fees in that agreement be applied to all satellite carriers, distributors, and copy right owners without convening an arbitration proceeding pursuant to subparagraph (E). Federal Register, publication. Deadline. Regulations. Deadline. Deadline. Federal Register, publication.

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