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. In determining the reasonableness of rates proposed
following an amendment of Federal Communications Commission rules and
regulations, the copyright arbitration royalty panels shall consider,
among other factors, the economic impact on copyright owners and users:
*Provided*, That no adjustment in royalty rates shall be made under this
subclause with respect to any distant signal equivalent or fraction
thereof represented by (i) carriage of any signal permitted under the
rules and regulations of the Federal Communications Commission in effect
on April 15, 1976, or the carriage of a signal of the same type (that
is, independent, network, or noncommercial educational) substituted for
such permitted signal, or (ii) a television broadcast signal first
carried after April 15, 1976, pursuant to an individual waiver of the
rules and regulations of the Federal Communications Commission, as such
rules and regulations were in effect on April 15,1976.
(C) In the event of any change in the rules and regulations of the
Federal Communications Commission with respect to syndicated and sports
program exclusivity after April 15, 1976, the rates established by
section 111(d)(1)(B) may be adjusted to assure that such rates are
reasonable in light of the changes to such rules and regulations, but
any such adjustment shall apply only to the affected television
broadcast signals carried on those systems affected by the change.
(D) The gross receipts limitations established by section 111(d)(1)(C)
and (D) shall be adjusted to reflect national monetary inflation or
deflation or changes in the average rates charged cable system
subscribers for the basic service of providing secondary transmissions
to maintain the real constant dollar value of the exemption provided by
such section; and the royalty rate specified therein shall not be
subject to adjustment.
(3) To distribute royalty fees deposited with the Register of Copyrights
under sections 111, 116, 119(b), and 1003, and to determine, in cases
where controversy exists, the distribution of such fees.
(c) Rulings. The Librarian of Congress, upon the recommendation of the
Register of Copyrights, may, before a copyright arbitration royalty
panel is convened, make any necessary procedural or evidentiary rulings
that would apply to the proceedings conducted by such panel, including-
(1) authorizing the distribution of those royalty fees collected under
sections 111, 119, and 1005 that th
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