Page:United States Statutes at Large Volume 90 Part 2.djvu/1129

 PUBLIC LAW 94-553—OCT. 19, 1976

90 STAT. 2597

various facts that it found relevant to its determination in that proceeding, and the specific reasons for its determination. § 804. Institution and conclusion of proceedings 17 USC 804. (a) With respect to proceedings under section 801(b)(1) concerning the adjustment of royalty rates as provided in sections 115 and 116, and with respect to proceedings under section 801(b)(2)(A) and (D)(1) on January 1, 1980, the Chairman of the Tribunal shall Publication in cause to be published in the Federal Register notice of commence- Federal Register. ment of proceedings under this chapter; and (2) during the calendar years specified in the following schedule, any owner or user of a copyrighted work whose royalty rates are specified by this title, or by a rate established by the Tribunal, may file a petition with the Tribunal declaring that the petitioner requests an adjustment of the rate. The Tribunal shall make a determination as to whether the applicant has a significant interest in the royalty rate in which an adjustment is requested. If the Publication in Tribunal determines that the petitioner has a significant interest, Federal Regisiter. the Chairman shall cause notice of this determination, with the reasons therefor, to be published in the Federal Register, together with notice of commencement of proceedings under this chapter. (A) In proceedings under section 801(b)(2)(A) and (D), such petition may be filed during 1985 and in each subsequent fifth calendar year. (B) In proceedings under section 801(b)(1) concerning the adjustment of royalty rates as provided, in section 115, such petition may be filed in 1987 and in each subsequent tenth calendar year. (C) In proceedings under section 801(b)(1) concerning the adjustment of royalty rates under section 116, such petition may be filed in 1990 and in each subsequent tenth calendar year. (b) AVith respect to proceedings under subclause (B) or (C) of section 801(b)(2), following an event described in either of those subsections, any owner or user of a copyrighted work whose royalty rates are specified by section 111, or by a rate established by the Tribunal, may, within twelve months, file a petition with the Tribunal declaring that the petitioner requests an adjustment of the rate. In this event the Tribunal shall proceed as in subsection (a)(2), above. Any change in royalty rates made by the Tribunal pursuant to this subsection may be reconsidered in 1980, 1985, and each fifth calendar year thereafter, in accordance with the provisions in section 801(b)(2)(B) or (C), as the case may be. (c) With respect to proceedings under section 801(b)(1), concerning the determination of reasonable terms and rates of royalty paymer^ts as provided in section 118, the Tribunal shall proceed when and as provided by that section. (d)With respect to proceedings under section 801(b)(3), concern- Publication in ing the distribution of royalty fees in certain circumstances under Federal Register. sections 111 or 116, the Chairman of the Tribunal shall, upon determination by the Tribunal that a controversy exists concerning such distribution, cause to be published in the Federal Register notice of commencement of proceedings under this chapter. (e) All proceedings under this chapter shall be initiated without delay following publication of the notice specified in this section, and the Tribunal shall render its final decision in any such proceeding within one year from the date of such publication.

�