[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR251.61]

[Page 580-581]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE--Table of Contents
 
                 Subpart F--Rate Adjustment Proceedings
 
Sec. 251.61  Commencement of adjustment proceedings.

    (a) In the case of cable, ephemeral recordings, certain digital 
audio transmissions, phonorecords, digital phonorecord deliveries, and 
coin-operated phonorecord players (jukeboxes), rate adjustment 
proceedings shall commence with the filing of a petition by an 
interested party according to the following schedule:
    (1) Cable: During 1995, and each subsequent fifth calendar year.
    (2) Ephemeral recordings: During a 60-day period prescribed by the 
Librarian in 1999, 2000, and at 2-year intervals thereafter, or as 
otherwise agreed to by the parties.
    (3) Digital audio transmissions: For preexisting digital 
subscription transmission services and preexisting satellite digital 
audio radio services:
    (i) During a 60-day period commencing on July 1, 2001 and at 5-year 
intervals thereafter, or
    (ii) During a 60-day period prescribed by the Librarian in a 
proceeding to set reasonable terms and rates for a new type of 
subscription digital audio transmission service; and for an eligible 
nonsubscription service or a new subscription service:
    (A) During a 60-day period prescribed by the Librarian in 1999,
    (B) During a 60-day period commencing on July 1, 2000, and at 2-year 
intervals thereafter,
    (C) During a 60-day period prescribed by the Librarian in a 
proceeding to set reasonable terms and rates for a new type of eligible 
nonsubscription service or new subscription service, or
    (D) As otherwise agreed to by the parties.
    (4) Phonorecords: During 1997 and each subsequent tenth calendar 
year.
    (5) Digital phonorecord deliveries: During 1997 and each subsequent 
fifth calendar year, or as otherwise agreed to by the parties.
    (6) Coin-operated phonorecord players (jukeboxes): Within one year 
of the expiration or termination of a negotiated license authorized by 
17 U.S.C. 116.
    (b) Cable rate adjustment proceedings may also be commenced by the 
filing of a petition, according to 17 U.S.C. 801(b)(2)(B) and (C), if 
the Federal Communications Commission amends certain of its rules with 
respect to the carriage by cable systems of broadcast signals, or with 
respect to syndicated and sports programming exclusivity.
    (c) In the case of noncommercial educational broadcasting, a 
petition is not necessary for the commencement of proceedings. 
Proceedings commence with the publication of a notice of the initiation 
of arbitration proceedings in the Federal Register on June 30, 1997, and 
at five year intervals thereafter.
    (d) In the case of the satellite carrier compulsory license, rate 
adjustment proceedings shall commence on January 1, 1997, in accordance 
with 17 U.S.C. 119(c)(3)(A), for satellite carriers who

[[Page 581]]

are not parties to a voluntary agreement filed with the Copyright Office 
in accordance with 17 U.S.C. 119(c)(2).

[59 FR 23981, May 9, 1994, as amended at 59 FR 63042, Dec. 7, 1994; 61 
FR 37215, July 17. 1996; 63 FR 65556, Nov. 27, 1998]