[Federal Register: December 14, 1995 (Volume 60, Number 240)]
[Page 64181-64182]



Copyright Office
[Docket No. 94-3 CARP-CD 90-92]

Distribution of 1990, 1991 and 1992 Cable Royalty Funds

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 distribution of 
1990-92 cable compulsory license royalties, as required by the 
regulations governing this proceeding.

EFFECTIVE DATE: December 14, 1995.

ADDRESSES: All hearings and meetings for the 1990-92 cable distribution 
proceeding shall take place in the James Madison Building, Room 414, 
First and Independence Avenue, S.E., Washington, D.C. 20540.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General 
Counsel or Tanya Sandros, Copyright Arbitration Royalty Panel 
Specialist, at: Copyright Arbitration Royalty Panel (CARP), P.O. Box 
70977, Southwest Station, Washington, D.C. 20024. Telephone:(202) 707-
8380. Telefax: (202) 707-8366.


I. Background

    37 CFR 251.11(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 
places 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 for the distribution of cable compulsory license royalties 
for the years 1990-92.
    On December 15, 1994, the Copyright Office published a notice in 
the Federal Register requesting comment as to the existence of 
controversies to the distribution of the 1990 cable royalty fund. 59 FR 
64714 (December 15, 1994). In response to this notice, copyright owners 
identified the existence of controversies for distribution of the 1990 
fund, as well as the 1991 and 1992 funds. The copyright owners 
requested that the Office consolidate the 1990-92 funds into a single 
distribution proceeding.
    On March 21, 1995, the Office published a notice consolidating the 
1990-92 cable royalty distribution proceedings into a single 
proceeding, and announced the precontroversy discovery schedule. 60 FR 
14971 (March 21, 1995). The Office also announced in that notice that 
controversies to the 1990-92 would be declared, and arbitration 
initiated, on November 17, 1995. 60 FR 14975. The parties, however, 
filed a motion with the Office on November 8, 1995, requesting a 
deferment of the commencement date until December 29, 1995. In response 
to this motion, the Copyright Office issued an Order which set December 
4, 1995, as the new initiation date. Order, dated November 13, 1995.
    On November 28, 1995, the Office announced the initiation of the 
180 day arbitration period, pursuant to 37 CFR 251.72; the names of the 
arbitrators who will preside at the 1990-92 cable distribution 
proceeding; a delay of the initiation of the proceedings until December 
4, 1995; and the date, time and place of the initial meeting of the 
proceeding. 60 FR 58680 (November 28, 1995).
    This notice announces the present schedule for the entire 

II. The Schedule for the Cable Distribution Proceeding

    The parties to this proceeding jointly proposed a preliminary 
schedule for the upcoming hearings to the Copyright Office on November 
17, 1995. The Copyright Office, in turn, passed the proposed schedule 
to the arbitrators for their comments and approval. In response to a 
request from the arbitrators, the Joint Sports Claimants agreed to 
shorten their direct case, and rescheduled two of their witnesses for 
the rebuttal phase of the proceeding. Likewise, the National 
Association of Broadcasters agreed to conclude their case no later than 
December 20, 1995. Further refinements to the proposed schedule were 
made at the meeting on December 4, 1995. This schedule was finalized in 
an Order issued by the CARP panel. See CARP Order, dated December 8, 
1995. Thus, the hearing will proceed according to the following 

Presentation of Direct Cases

Joint Sports Claimants
    December 5-December 14, 1995
National Association of Broadcasters
    December 14-December 20, 1995
Program Suppliers
    December 20, 1995-January 12, 1996
Public Broadcasting
    January 16-January 19, 1996
Devotional Claimants
    January 22-January 26, 1996
Canadian Claimants
    January 29-February 2, 1996
Deadline for Filing Written Rebuttal Cases
    February 7, 1996
Deadline for Serving Requests for Underlying Documents Related to 
Rebuttal Cases
    February 9, 1996
Deadline for Responses to Requests for Underlying Documents
    February 13, 1996
Deadline for Producing Documents
    February 15, 1996
Deadline for Filing any Motions Related to Rebuttal Cases
    February 15, 1996
Deadline for Filing any Oppositions to Motions
    February 20, 1996
Presentation of Rebuttal Cases
    February 27-March 15, 1996
Deadline for Filing Proposed Findings of Fact & Conclusions of Law
    April 5, 1996
Deadline for Filing Responses to Proposed Findings of Fact & 
Conclusions of Law
    April 17, 1996
Close of 180 day period
    June 1, 1996

    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; and 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 

III. Publication of the Original Schedule on Short Notice

    The regulations require that the Copyright Office publish the 
original schedule for the CARP proceeding in the Federal Register at 
least seven calendar days in advance of the first meeting. 37 CFR 
251.11(b). Pursuant to 37 CFR 251.11(d), however, the arbitrators voted 
to waive the seven day notice requirement. The results of the 

[[Page 64182]]
vote on the question, whether the requirement for a seven calendar 
notice should be waived, are:

The Hon. Mel R. Jiganti, Chairperson--Yes
The Hon. John B. Farmakides--Yes
The Hon. Ronald P. Wertheim--Yes

    The arbitrators voted to suspend the notice requirement for several 
reasons. First, all parties to the proceeding had received notice of 
the proposed schedule approximately two weeks prior to the initiation 
of the proceeding. Second, the present schedule, which was fine tuned 
at the meeting on December 4, 1995, did not significantly alter the 
schedule initially proposed by the parties. Third, the meeting on 
December 4, 1995, which marks the commencement of the proceeding, was 
announced in a Federal Register notice seven calendar days before the 
meeting. And finally, the arbitrators and the parties anticipate the 
proceeding will require the full 180 days for hearing the testimony and 
preparing the decision. For the foregoing reasons, the arbitrators 
hereby waive the notice requirement, but comply with all substantive 
requirements of the rule.

    Dated: December 11, 1995.
Marilyn Kretsinger,
Acting General Counsel.
[FR Doc. 95-30499 Filed 12-13-95; 8:45 am]