PUBLIC LAW 100-667—NOV. 16, 1988

102 STAT. 3955

public a primary transmission made by a broadcast station,
the fee established under any voluntary agreement filed
with the Copyright Office in accordance with paragraph (2),
and the last fee proposed by the parties, before proceedings
under this paragraph, for the secondary transmission of
superstations or network stations for private home viewing.
The fee shall also be calculated to achieve the following
objectives:

"(i) To maximize the availability of creative works to
the public.

"(ii) To afford the copyright owner a fair return for
his or her creative work and the copyright user a fair
income under existing economic conditions.

"(iii) To reflect the relative roles of the copyright
owner and the copyright user in the product made
available to the public with respect to relative creative
contribution, technological contribution, capital invest-
ment, cost, risk, and contribution to the opening of new
markets for creative expression and media for their
communication.

"(iv) To minimize any disruptive impact on the struc-
ture of the industries involved and on generally
prevailing industry practices.

"(E) REPORT TO COPYRIGHT ROYALTY TRIBUNAL.—Not later
than 60 days after publication of the notice initiating an
arbitration proceeding, the Arbitration Panel shall report
to the Copyright Royalty Tribunal its determination
concerning the royalty fee. Such report shall be accom-
panied by the written record, and shall set forth the facts
that the Panel found relevant to its determination and the
reasons why its determination is consistent with the cri-
teria set forth in subparagraph (D).

"(F) ACTION BY COPYRIGHT ROYALTY TRIBUNAL.—Within 60
days after receiving the report of the Arbitration Panel
under subparagraph (E), the Copyright Royalty Tribunal
shall adopt or reject the determination of the Panel. The
Tribunal shall adopt the determination of the Panel unless
the Tribunal finds that the determination is clearly
inconsistent with the criteria set forth in subparagraph (D).
If the Tribunal rejects the determination of the Panel, the
Tribunal shall, before the end of that 60-day period, and
after full examination of the record created in the arbitra-
tion proceeding, issue an order, consistent with the criteria
set forth in subparagraph (D), setting the royalty fee under
this paragraph. The Tribunal shall cause to be published in
the Federal Register the determination of the Panel, and
the decision of the Tribunal with respect to the determina-
tion (including any order issued under the preceding sen-
tence). The Tribunal shall also publicize such determination
and decision in such other manner as the Tribunal consid-
ers appropriate. The Tribunal shall also make the report of
the Arbitration Panel and the accompanying record avail-
able for public inspection and copying.

"(G) PERIOD DURING WHICH DECISION OF PANEL OR ORDER
OF TRIBUNAL EFFECTIVE.—The obligation to pay the royalty
fee established under a determination of the Arbitration
Panel which is confirmed by the Copyright Royalty Tribu-

Federal

Register,

publication.

Public
information.