The information below was taken from the Copyright Royalty Board website. It concerns the royalty payments that XM and Sirius will have to pay:
Adjustment of Rates and Terms for Preexisting Subscription and Satellite Digital Audio Radio Services
(Docket 2006-1, CRB DSTRA)
The trial to determine the reasonable rates and terms for preexisting subscription services and satellite digital audio radio services will begin on Monday, June 4, 2007, and will be held in Room LM-408 in the James Madison Memorial Building of the Library of Congress, 101 Independence Avenue, S.E., Washington, D.C.
After the parties give their opening statements, the Services (Sirius Satellite Radio, Inc., XM Satellite Radio, Inc., and Music Choice) will present their direct cases first, starting with XM Satellite Radio. Upon conclusion of the Services’ direct cases, the copyright owners, represented by SoundExchange, will present their direct case.
The following is the current schedule for the proceeding:
June 4: Arguments on motions filed under protective order (not open to the public)
Witnesses for XM Satellite Radio:
Beginning Week of June 4: Gary Parsons, Eric Logan, Mark Vendetti, Stephen Cook, and Anthony Masiello
Witnesses for Sirius Satellite Radio: (to begin upon conclusion of XM’s testimony):
Mel Karmazin, Terrence Smith, John Douglas Wilsterman, Robert Law, Michael J. Moore, Jeremy M. Coleman, Steve Cohen, Steven Blatter, Christine Heye, and David J. Frear
The witnesses for Music Choice and SoundExchange will be posted once their witnesses lists have been filed with the Board.
Upon completion of the direct cases, there will be a break in the trial while the parties prepare their rebuttal cases. Rebuttal hearings are scheduled to take place August 15 through August 30, 2007.
The trial begins each day at 9:30 a.m. and is open to the public. Please note, however, that on June 4, the Copyright Royalty Judges will be hearing arguments on pending motions which were filed under Protective Order. The parties have requested that such arguments be held in closed session. The Judges granted that request and therefore the hearing on these arguments on June 4 are not open to the public. The trial will be open to the public once arguments on the motions are concluded.
Further refinements to the schedule will be announced during the trial and issued as orders to the parties in the proceeding. The website will be updated as needed. However, anyone with questions regarding changes in the schedule should contact the Copyright Royalty Board at 202-707-7658.
The trial to determine the royalty rates for satellite radio broadcast over satellite TV channels will begin July 9, 2007. The hearing is described below:
The trial to determine the reasonable rates and terms for a new type of subscription service that performs sound recordings on digital audio channels programmed by the licensee for transmission by a satellite television distribution service to its residential customers where the audio channels are bundled with television channels as part of a “basic” package of service and not for a separate fee is scheduled to begin on July 9. Parties will present their direct cases from July 9 through July 12. Rebuttal hearings are scheduled to take place September 10 through September 12, 2007. Closing arguments are scheduled for October 17, 2007. More detailed information will be posted closer to the start of the trial.
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