PUBLIC LAW 109–303—OCT. 6, 2006
120 STAT. 1479
Any request for a written interpretation shall be in writing and on the record, and reasonable provision shall be made to permit participants in the proceeding to comment on the material questions of substantive law in a manner that minimizes duplication and delay. Except as provided in subparagraph (B), the Register of Copyrights shall deliver to the Copyright Royalty Judges a written response within 14 days after the receipt of all briefs and comments from the participants. The Copyright Royalty Judges shall apply the legal interpretation embodied in the response of the Register of Copyrights if it is timely delivered, and the response shall be included in the record that accompanies the final determination. The authority under this clause shall not be construed to authorize the Register of Copyrights to provide an interpretation of questions of procedure before the Copyright Royalty Judges, the ultimate adjustments and determinations of copyright royalty rates and terms, the ultimate distribution of copyright royalties, or the acceptance or rejection of royalty claims, rate adjustment petitions, or petitions to participate in a proceeding.’’. (4) Section 802(f)(1)(D) is amended by inserting a comma after ‘‘undertakes to consult with’’. (5) Section 803(a)(1) is amended— (A) by striking ‘‘The Copyright’’ and inserting ‘‘The Copyright Royalty Judges shall act in accordance with this title, and to the extent not inconsistent with this title, in accordance with subchapter II of chapter 5 of title 5, in carrying out the purposes set forth in section 801. The Copyright’’; and (B) by inserting after ‘‘Congress, the Register of Copyrights,’’ the following: ‘‘copyright arbitration royalty panels (to the extent those determinations are not inconsistent with a decision of the Librarian of Congress or the Register of Copyrights),’’. (6) Section 803(b) is amended— (A) in paragraph (1)(A)(i)(V)— (i) by striking ‘‘in the case of’’ and inserting ‘‘the publication of notice requirement shall not apply in the case of’’; and (ii) by striking ‘‘, such notice may not be published.’’; (B) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘, together with a filing fee of $150’’; (ii) in subparagraph (B), by striking ‘‘and’’ after the semicolon; (iii) in subparagraph (C), by striking the period and inserting ‘‘; and’’; and (iv) by adding at the end the following: ‘‘(D) the petition to participate is accompanied by either— ‘‘(i) in a proceeding to determine royalty rates, a filing fee of $150; or ‘‘(ii) in a proceeding to determine distribution of royalty fees— ‘‘(I) a filing fee of $150; or
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