[Federal Register: November 1, 2000 (Volume 65, Number 212)]
[Page 65335-65336]


Copyright Office

[Docket No. 2000-2 CARP CD 93-97]

Distribution of 1993, 1994, 1995, 1996 and 1997 Cable Royalty 

AGENCY: Copyright Office, Library of Congress.

ACTION: Announcement of the schedule for the proceeding.


SUMMARY: The Copyright Office of the Library of Congress is announcing 
the schedule for the 180-day arbitration period for the Phase II 
distribution of the 1997 cable royalty funds for the syndicated 
programming category.

EFFECTIVE DATE: November 1, 2000.

ADDRESSES: All hearings and meetings for the Phase II cable 
distribution proceeding shall take place in the James Madison Memorial 
Building, Room LM-414, First and Independence Avenue, SE., Washington, 
DC 20540.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 
William J. Roberts, Jr., Senior Attorney for Compulsory Licenses, P.O. 
Box 70977, Southwest Station, Washington, D.C. 20024. Telephone: (202) 
707-8380. Telefax: (202) 252-3423.

SUPPLEMENTARY INFORMATION: Section 251.11(b) of the regulations 
governing the Copyright Arbitration Royalty Panels (``CARPs''), 37 CFR 
subchapter B, provides that:

    At the beginning of each proceeding, the CARP shall develop the 
original schedule of the proceeding which shall be published in the 
Federal Register at least seven calendar days in advance of the 
first meeting. Such announcement shall state the times, dates, and 
place of the meetings, the testimony to be heard, whether any of the 
meetings, or any portion of a meeting, is to be closed, and if so, 
which ones, and the name and telephone number of the person to 
contact for further information.

    This notice fulfills the requirements of Sec. 251.11(b) for the 
proceeding to determine the Phase II distribution of the 1997 cable 
royalty funds for the syndicated programming category.
    By Order dated January 12, 2000, the Library consolidated all Phase 
II controversies in Docket Nos. 96-7 CARP CD 93-94, 97-2 CARP CD 95, 
98-2 CARP CD 96 and 99-5 CARP CD 97 into a single distribution 
proceeding and announced the precontroversy discovery schedule for a 
Phase II distribution proceeding in the syndicated programming 
category. All controversies in this category have reached settlement, 
except for a dispute between certain claimants represented by the 
Independent Producers Group (``IPG''), and certain claimants 
represented by the Motion Picture Association of America, Inc. 
(``Program Suppliers''), for distribution of the 1997 royalty funds 
collected under the cable statutory license of the Copyright Act. 17 
U.S.C. 111.
    On October 12, 2000, the Office published a notice initiating the 
180-day arbitration period for this proceeding. 65 FR 60690 (October 
12, 2000). On October 17, 2000, the parties to this proceeding met with 
the arbitrators for the purposes of discussing resolution of certain 
issues designated to the CARP by the Copyright Office during the 
discovery period of the proceeding and of setting a schedule for this 
proceeding. At that meeting, the parties and the arbitrators agreed to 
the following briefing and hearing schedule:

Document production (if ordered)--October 27, 2000
Filing of Opposition to IPG motion to remove designation of ``highly 
confidential'' and related relief--November 2, 2000
Filing of Follow-up discovery requests related to October 27 
document production--November 3, 2000
Filing of Response to follow-up discovery requests--November 8, 2000
Filing of Reply to Opposition to IPG motion to remove designation of 
``highly confidential'' and related relief--November 9, 2000
Filing of Motions to dismiss and/or to strike--November 20, 2000
Filing of Oppositions to Motions to dismiss and/or strike--December 
1, 2000
Filing of Reply to Opposition to Motions to dismiss and/or strike--
December 8, 2000
Oral arguments on all motions regarding document production, 
discovery, protective orders, and all motions to dismiss and/or 
strike--December 11-12, 2000
Opening Statements for both parties--January 8, 2001
Presentation of Direct Cases:--January 8-12, 2001
Witness for Program Suppliers: Marsha E. Kessler
Witness for Independent Producers Group: Raul Galaz
Filing of Written Rebuttal Testimony--January 26, 2001
Filing of Post-hearing discovery requests--January 31, 2001
Filing of Responses to post-hearing discovery requests--February 2, 
Completion of document production--February 5, 2001

[[Page 65336]]

Oral Arguments on all motions regarding post-hearing document 
production and discovery--February 6-7, 2001
Presentation of Rebuttal Cases--February 20-21, 2001
Filing of Proposed Findings of Fact and Conclusions of Law--March 2, 
Filing of Replies to Proposed Findings of Fact and Conclusions of 
Law--March 9, 2001
Closing Arguments--March 16, 2001
Close of 180-day period--April 16, 2001
All hearings will begin at 9:30 a.m. and end at 4:30 p.m.

    At this time, the parties have not moved to close any portion of 
the proceeding to the public. Further refinements to the schedule will 
be announced in open meetings and issued as orders to the parties 
participating in the proceeding. All changes will be noted in the 
docket file of the proceeding, as required by the Copyright Office 
regulations governing the administration of CARP proceedings. 37 CFR 

    Dated: October 27, 2000.
David O. Carson,
General Counsel.
[FR Doc. 00-28039 Filed 10-31-00; 8:45 am]