(B) If a negotiated license authorized by section 116 is terminated or
expires and is not replaced by another such license agreement which
provides permission to use a quantity of musical works not substantially
smaller than the quantity of such works performed on coin-operated
phonorecord players during the 1-year period ending March 1, 1989, the
Librarian of Congress shall, upon petition filed under paragraph (1)
within 1 year after such termination or expiration, convene a copyright
arbitration royalty panel. The arbitration panel shall promptly
establish an interim royalty rate or rates for the public performance by
means of a coin-operated phonorecord player of non-dramatic musical
works embodied in phonorecords which had been subject to the terminated
or expired negotiated license agreement. Such rate or rates shall be the
same as the last such rate or rates and shall remain in force until the
conclusion of proceedings by the arbitration panel, in accordance with
section 802, to adjust the royalty rates applicable to such works, or
until superseded by a new negotiated license agreement, as provided in
section 116(b).
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