Page:United States Statutes at Large Volume 118.djvu/3432

 118 STAT. 3402 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(II) Upon receiving a request under subclause (I), the Librarian of Congress shall immediately provide public notice of the royalty fees from the voluntary agreement and afford parties an opportunity to state that they object to those fees. ‘‘(III) The Librarian shall adopt the royalty fees from the voluntary agreement for all satellite carriers, distribu tors, and copyright owners without convening an arbitra tion proceeding unless a party with an intent to participate in the arbitration proceeding and a significant interest in the outcome of that proceeding objects under subclause (II). ‘‘(E) PERIOD AGREEMENT IS IN EFFECT.—The obligation to pay the royalty fees established under a voluntary agree ment which has been filed with the Copyright Office in accordance with this paragraph shall become effective on the date specified in the agreement, and shall remain in effect until December 31, 2009, or in accordance with the terms of the agreement, whichever is later. ‘‘(F) FEE SET BY COMPULSORY ARBITRATION.— ‘‘(i) NOTICE OF INITIATION OF PROCEEDINGS.—On or before May 1, 2005, the Librarian of Congress shall cause notice to be published in the Federal Register of the initiation of arbitration proceedings for the pur pose of determining the royalty fee to be paid for the secondary transmission of primary analog trans mission of network stations and superstations under subsection (b)(1)(B) by satellite carriers and distribu tors ‘‘(I) in the absence of a voluntary agreement filed in accordance with subparagraph (D) that establishes royalty fees to be paid by all satellite carriers and distributors; or ‘‘(II) if an objection to the fees from a voluntary agreement submitted for adoption by the Librarian of Congress to apply to all satellite carriers, distributors, and copyright owners is received under subparagraph (D) from a party with an intent to participate in the arbitration proceeding and a significant interest in the outcome of that proceeding. Such arbitrary proceeding shall be conducted under chapter 8 as in effect on the day before the date of the enactment of the Copyright Royalty and Distribu tion Act of 2004. ‘‘(ii) ESTABLISHMENT OF ROYALTY FEES.—In deter mining royalty fees under this subparagraph, the copy right arbitration royalty panel appointed under chapter 8, as in effect on the day before the date of the enact ment of the Copyright Royalty and Distribution Act of 2004 shall establish fees for the secondary trans missions of the primary analog transmission of network stations and superstations that most clearly represent the fair market value of secondary transmissions, except that the Librarian of Congress and any copy right arbitration royalty panel shall adjust those fees to account for the obligations of the parties under Federal Register, publication. Deadline.

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