The
parties to each negotiation proceeding shall bear their own costs.
(B) In the absence of license agreements negotiated under subparagraph
(A), during the 60-day period commencing 6 months after publication of
the notice specified in subparagraph (A), and upon the filing of a
petition in accordance with section 803(a)(1), the Librarian of Congress
shall, pursuant to chapter 8, convene a copyright arbitration royalty
panel to determine and publish in the Federal Register a schedule of
rates and terms which, subject to paragraph (3), shall be binding on all
copyright owners of sound recordings and entities performing sound
recordings affected by this paragraph. In establishing rates and terms
for preexisting subscription services and preexisting satellite digital
audio radio services, in addition to the objectives set forth in section
801(b)(1), the copyright arbitration royalty panel may consider the
rates and terms for comparable types of subscription digital audio
transmission services and comparable circumstances under voluntary
license agreements negotiated as provided in subparagraph (A).
(C)(i) Publication of a notice of the initiation of voluntary
negotiation proceedings as specified in subparagraph (A) shall be
repeated, in accordance with regulations that the Librarian of Congress
shall prescribe-
(I) no later than 30 days after a petition is filed by any copyright
owners of sound recordings, any preexisting subscription services, or
any preexisting satellite digital audio radio services indicating that a
new type of subscription digital audio transmission service on which
sound recordings are performed is or is about to become operational; and
(II) in the first week of January 2001, and at 5-year intervals
thereafter.
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