[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 145 Enrolled Bill (ENR)]
S.Con.Res.145
Agreed to November 17, 2004
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
Concurrent Resolution
Resolved by the Senate (the House of Representatives concurring),
That in the enrollment of H.R. 1417, an Act to amend title 17, United
States Code, to replace copyright arbitration royalty panels with
Copyright Royalty Judges, and for other purposes (the Copyright Royalty
and Distribution Reform Act of 2004), the Clerk of the House of
Representatives shall make the following corrections:
(1) In section 801 of title 17, United States Code, as amended
by section 3(a) of H.R. 1417--
(A) in subsection (b)(7)(A)--
(i) in clause (i), strike ``the other participants''
and insert ``participants''; and
(ii) in clause (ii), strike ``any other participant
described in subparagraph (A)'' and insert ``any
participant described in clause (i)'';
(B) in subsection (b)(7)(B), strike ``118(b) (2) or (3)''
and insert ``118(b)(2)'';
(C) in subsection (b)(8), insert a comma after ``802(g)'';
and
(D) in subsection (c), strike ``As provided in section
801(f)(1), the'' and insert ``The''.
(2) In section 802 of title 17, United States Code, as amended
by section 3(a) of H.R. 1417--
(A) in subsection (a)(1), in the second sentence--
(i) strike ``two Copyright'' and insert ``2
Copyright''; and
(ii) strike ``one shall'' and insert ``1 shall'';
(B) in subsection (c)--
(i) strike ``appointed the Chief Copyright'' and insert
``appointed as the Chief Copyright''; and
(ii) strike ``appointed Copyright'' and insert
``appointed as Copyright''; and
(C) in subsection (f)--
(i) in paragraph (1)(A)(ii), strike ``14 days of
receipt by the Register of Copyrights of all'' and insert
``14 days after the Register of Copyrights receives all'';
(ii) in paragraph (1)(B)(i)--
(I) strike ``The Register shall'' and insert ``The
Register of Copyrights shall'';
(II) strike ``30 days of receipt by the Register of
Copyrights of all'' and insert ``30 days after the
Register of Copyrights receives all''; and
(III) in the last sentence, insert ``to the
Copyright Royalty Judges'' after ``is timely
delivered'';
(iii) in paragraph (1)(D)--
(I) insert after the second sentence the following:
``The Register of Copyrights shall issue such written
decision not later than 60 days after the date on which
the final determination by the Copyright Royalty Judges
is issued.'';
(II) in the following sentence, insert a comma
after ``such written decision'';
(III) strike ``section 802(f)(1)(D)'' and insert
``this subparagraph'';
(IV) strike ``notification and undertakes to
consult with'' and insert ``notification to, and
undertakes to consult with,''; and
(V) strike ``fails within reasonable period after
receipt of such notification'' and insert ``fails,
within a reasonable period after receiving such
notification,''.
(3) In section 803 of title 17, United States Code, as amended
by section 3(a) of H.R. 1417--
(A) in subsection (a)(1), strike ``Librarian of Congress,
copyright arbitration royalty panels,'' and insert ``the
Librarian of Congress,'';
(B) in subsection (b)--
(i) in paragraph (1), amend subparagraph (A)(i) to read
as follows:
``(A) Call for petitions to participate.--(i) The Copyright
Royalty Judges shall cause to be published in the Federal
Register notice of commencement of proceedings under this
chapter, calling for the filing of petitions to participate in
a proceeding under this chapter for the purpose of making the
relevant determination under section 111, 112, 114, 115, 116,
118, 119, 1004, or 1007, as the case may be--
``(I) promptly upon a determination made under section
804(a);
``(II) by no later than January 5 of a year specified
in paragraph (2) of section 804(b) for the commencement of
proceedings;
``(III) by no later than January 5 of a year specified
in subparagraph (A) or (B) of paragraph (3) of section
804(b) for the commencement of proceedings, or as otherwise
provided in subparagraph (A) or (C) of such paragraph for
the commencement of proceedings;
``(IV) as provided under section 804(b)(8); or
``(V) by no later than January 5 of a year specified in
any other provision of section 804(b) for the filing of
petitions for the commencement of proceedings, if a
petition has not been filed by that date.'';
(ii) in clause (ii) of paragraph (1)(A)--
(I) strike ``proceeding, under clause (i)'' and
insert ``proceeding under clause (i)''; and
(II) strike ``section 803(b)(3)'' and insert
``paragraph (3)'';
(iii) in paragraph (4)(A), strike ``a participant in
the proceeding asserts a claim in the amount of'' and
insert ``the contested amount of a claim is'';
(iv) in paragraph (6)(C)--
(I) in clause (iv), insert a comma after
``orders'';
(II) in clause (v), strike ``according to'' and
insert ``in accordance with''; and
(III) in clause (vi)(I), strike ``absent the
discovery sought'' and insert ``, absent the discovery
sought,'';
(v) in clause (vii), strike ``interrogatories and'' and
insert ``interrogatories, and''; and
(vi) in clause (ix)--
(I) in the first sentence, insert a comma after
``give testimony'' and insert a comma after
``inspection of documents or tangible things''; and
(II) in the last sentence, strike ``subparagraph''
and insert ``clause'';
(C) in subsection (c)--
(i) in paragraph (1), strike ``(b)(3)(C)(x)'' and
insert ``(b)(6)(C)(x)'';
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) insert ``in a proceeding'' after ``a
participant''; and
(bb) strike ``a proceeding is issued'' and
insert ``the proceeding is issued'';
(II) in subparagraph (B), strike ``their initial
determination concerning rates and terms to the
participants in the proceeding'' and insert ``to the
participants in the proceeding their initial
determination concerning rates and terms''; and
(III) in subparagraph (C), strike ``except as
provided under subsection (d)(1)'' and insert ``except
that nonparticipation may give rise to the limitations
with respect to judicial review provided for in
subsection (d)(1)''; and
(iii) in paragraph (6), strike ``Following review of
the determination by the Register of Copyrights under
section 802(f)(1)(D)'' and insert ``By no later than the
end of the 60-day period provided in section
802(f)(1)(D)''; and
(D) in the second sentence of subsection (d)(2)(A), strike
``transmission service'' and insert ``licensee''.
(4) In section 5(b)(1)--
(A) in subparagraph (A), strike ``and'' at the end;
(B) strike subparagraph (B); and
(C) redesignate subparagraphs (C) and (D) as subparagraphs
(B) and (C), respectively.
(5) In the amendment made by section 5(b)(1)(A)--
(A) strike ``5-year periods'' and insert ``5-year period'';
and
(B) strike ``such other periods'' and insert ``such other
period''.
(6) Strike paragraph (3) of section 5(b) and insert the
following:
(3) in paragraph (5), by striking ``determination by a
copyright arbitration royalty panel or decision by the Librarian of
Congress'' and inserting ``decision by the Librarian of Congress or
determination by the Copyright Royalty Judges'';
(7) In the amendment made by section 5(c)(1)(A)(i)--
(A) strike ``5-year periods'' and insert ``the 5-year
period''; and
(B) strike ``different transitional periods are provided in
section 804(b), or such periods'' and insert ``a different
transitional period is provided under section 6(b)(3) of the
Copyright Royalty and Distribution Reform Act of 2004, or such
other period''.
(8) In the amendment made by section 5(c)(1)(B)(i), strike `in
section 804(b)'' and insert ``under section 6(b)(3) of the
Copyright Royalty and Distribution Reform Act of 2004''.
(9) In the amendment made by section 5(c)(2)(A)--
(A) strike ``5-year periods'' and insert ``the 5-year
period''; and
(B) strike ``different transitional periods are provided in
section 804(b), or such periods'' and insert ``a different
transitional period is provided under section 6(b)(3) of the
Copyright Royalty and Distribution Reform Act of 2004, or such
other period''.
(10) In the amendment made by section 5(c)(2)(B)(i), strike `in
section 804(b)'' and insert ``under section 6(b)(3) of the
Copyright Royalty and Distribution Reform Act of 2004''.
(11) Strike paragraph (3) of section 5(c) and insert the
following:
(3) in paragraph (3), by striking ``determination by a
copyright arbitration royalty panel or decision by the Librarian of
Congress'' and inserting ``decision by the Librarian of Congress or
determination by the Copyright Royalty Judges''; and
(12) In section 5(c)(4)(B), insert ``of subparagraph (A) the
following:'' after ``by adding after the first sentence''.
(13) In the amendment made by section 5(d)(3)(A), strike
``during periods'' and insert ``during the period''.
(14) In section 5(d)(4)--
(A) strike ``and'' at the end of subparagraph (B);
(B) add ``and'' after the semicolon at the end of
subparagraph (C); and
(C) add after subparagraph (C) the following:
(D) in the last sentence, by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''.
(15) In the amendment made by section 5(d)(5)(A)(i), strike ``,
Copyright Royalty Judges, or a copyright arbitration royalty panel
to the extent those determinations were accepted by the Librarian
of Congress'' and insert ``or Copyright Royalty Judges''.
(16) In the amendment made by section 5(f)(1)(B)--
(A) strike ``, a copyright arbitration royalty panel,'';
and
(B) strike ``to the extent that they were accepted by the
Librarian of Congress,''.
(17) In section 5, insert the following after subsection (g)
and redesignate succeeding subsections accordingly:
(h) Ratemaking for Satellite Carriers.--Section 119(c) of title 17,
United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''; and
(B) in subparagraph (C), by striking ``Register of
Copyrights shall prescribe'' and inserting ``Copyright Royalty
Judges shall prescribe as provided in section 803(b)(6); and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``arbitration proceedings'' and
inserting ``proceedings''; and
(ii) by striking ``arbitration proceeding'' and
inserting ``proceedings'';
(B) in subparagraph (B)--
(i) by striking ``copyright arbitration royalty panel
appointed under chapter 8'' and inserting ``Copyright
Royalty Judges''; and
(ii) by striking ``panel shall base its decision'' and
inserting ``Copyright Royalty Judges shall base their
determination''; and
(C) in subparagraph (C)--
(i) in the heading, by striking ``decision of
arbitration panel or order of librarian'' and inserting
``determination under chapter 8''; and
(ii) by striking clauses (i) and (ii) and inserting the
following:
``(i) is made by the Copyright Royalty Judges pursuant
to this paragraph and becomes final, or
``(ii) is made by the court on appeal under section
803(d)(3),''.
(18) In the first sentence of section 6(b)(1)--
(A) strike ``date of enactment of this Act'' and insert
``effective date provided in subsection (a)''; and
(B) strike ``such date of enactment'' and insert ``such
effective date''.
(19) Strike paragraph (2) of section 6(b) and insert the
following:
(2) Certain royalty rate proceedings.--Notwithstanding
paragraph (1), the amendments made by this Act shall not affect
proceedings to determine royalty rates pursuant to section 119(c)
of title 17, United States Code, that are commenced before January
31, 2006.
Attest:
Secretary of the Senate.
Attest:
Clerk of the House of Representatives.