37 CFR 251.61
Commencement of adjustment proceedings.
Last updated in November 2005.
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§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.