(2) The proceeding under paragraph (1) shall be held, at the individual
proprietor's election, in the judicial district of the district court
with jurisdiction over the applicable consent decree or in that place of
holding court of a district court that is the seat of the Federal
circuit (other than the Court of Appeals for the Federal Circuit) in
which the proprietor's establishment is located.
(3) Such proceeding shall be held before the judge of the court with
jurisdiction over the consent decree governing the performing rights
society. At the discretion of the court, the proceeding shall be held
before a special master or magistrate judge appointed by such judge.
Should that consent decree provide for the appointment of an advisor or
advisors to the court for any purpose, any such advisor shall be the
special master so named by the court.
(4) In any such proceeding, the industry rate shall be presumed to have
been reasonable at the time it was agreed to or determined by the court.
Such presumption shall in no way affect a determination of whether the
rate is being correctly applied to the individual proprietor.
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