[Federal Register: March 13, 1997 (Volume 62, Number 49)]
[Page 11931]



Copyright Office
[Docket No. 96-3 CARP SRA]

Rate Adjustment for the Satellite Carrier Compulsory License

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 adjustment of 
the royalty rates for the satellite carrier compulsory license, as 
required by the regulations governing this proceeding.

EFFECTIVE DATE: March 13, 1997.

ADDRESSES: All hearings and meetings for the rate adjustment of the 
royalty fees for the satellite compulsory license shall take place in 
the James Madison Building, Room 414, First and Independence Avenue, 
S.E., Washington, D.C. 20540.

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

SUPPLEMENTARY INFORMATION: Section 251.11(b) of the regulations 
governing the Copyright Arbitration Royalty Panels, 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 
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 those requirements of Sec. 251.11(b) for the 
proceeding to adjust the royalty fees for the satellite compulsory 
    By notice dated June 11, 1996, the Library announced the 
precontroversy discovery period for this docket and requested 
interested parties to file Notices of Intent to Participate. 61 FR 
29573 (June 11, 1996). Subsequently, the Library adjusted the schedule, 
and informed the participating parties that the 180-day arbitration 
period would begin on March 3, 1997. Order in Docket No. 96-3 CARP SRA 
(October 29, 1996). On February 28, 1997, the Office published a notice 
announcing the initiation of the 180 day period for this proceeding. 62 
FR 9212 (February 28, 1997). The 180 day period commenced on March 3, 
1997, and will end on August 29, 1997.
    On March 4, 1997, the first Tuesday immediately following the 
initiation of the proceeding, the parties to this proceeding met with 
the arbitrators for the purpose of setting a schedule for this 
proceeding. At that meeting, the parties and the arbitrators agreed to 
the following schedule:

       Presentation of direct cases                     Dates           
Copyright Owners..........................  March 13-March 14, 1997.    
                                            March 17-March 20, 1997.    
                                            March 24-March 25, 1997.    
Satellite Carriers........................  April 7-April 10, 1997.     
ASkyB.....................................  April 15-April 17, 1997.    
Close of 180 day period...................  August 29, 1997.            

    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 publish the schedule on shorter notice than the required seven days 
in order to maximize the allotted time to hear the evidence and write 
their report. The results of the vote on the question, whether the 
requirement for a seven calendar notice should be waived, are:

The Hon. Lewis Hall Griffith, Chairperson--Yes
The Hon. John W. Cooley--Yes
The Hon. Jeffrey S. Gulin--Yes

    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: March 7, 1997.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 97-6328 Filed 3-12-97; 8:45 am]