In determining the fair market value,
the panel shall base its decision on economic, competitive, and
programming information presented by the parties, including-
(i) the competitive environment in which such programming is
distributed, the cost of similar signals in similar private and
compulsory license marketplaces, and any special features and conditions
of the retransmission marketplace;
(ii) the economic impact of such fees on copyright owners and satellite
carriers; and
(iii) the impact on the continued availability of secondary
transmissions to the public.
(C) Period during which decision of arbitration panel or order of
librarian effective. The obligation to pay the royalty fee established
under a determination which-
(i) is made by a copyright arbitration royalty panel in an arbitration
proceeding under this paragraph and is adopted by the Librarian of
Congress under section 802(f), or
(ii) is established by the Librarian of Congress under section 802(f),
shall become effective as provided in section 802(g ), or July 1, 1997,
whichever is later.
(D) Persons subject to royalty fee.
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