120 STAT. 1480
PUBLIC LAW 109–303—OCT. 6, 2006 ‘‘(II) a statement that the petitioner (individually or as a group) will not seek a distribution of more than $1000, in which case the amount distributed to the petitioner shall not exceed $1000.’’; (C) in paragraph (3)(A)— (i) by striking ‘‘(A) IN GENERAL.—Promptly’’ and inserting ‘‘(A) COMMENCEMENT OF PROCEEDINGS.— ‘‘(i) RATE ADJUSTMENT PROCEEDING.—Promptly’’; and (ii) by adding at the end the following: ‘‘(ii) DISTRIBUTION PROCEEDING.—Promptly after the date for filing of petitions to participate in a proceeding to determine the distribution of royalties, the Copyright Royalty Judges shall make available to all participants in the proceeding a list of such participants. The initiation of a voluntary negotiation period among the participants shall be set at a time determined by the Copyright Royalty Judges.’’. (D) in paragraph (4)(A), by striking the last sentence; and (E) in paragraph (6)(C)— (i) in clause (i)— (I) in the first sentence, by inserting ‘‘and written rebuttal statements’’ after ‘‘written direct statements’’; (II) in the first sentence, by striking ‘‘which may’’ and inserting ‘‘which, in the case of written direct statements, may’’; and (III) by striking ‘‘clause (iii)’’ and inserting ‘‘clause (iv)’’; (ii) by amending clause (ii)(I) to read as follows: ‘‘(ii)(I) Following the submission to the Copyright Royalty Judges of written direct statements and written rebuttal statements by the participants in a proceeding under paragraph (2), the Copyright Royalty Judges, after taking into consideration the views of the participants in the proceeding, shall determine a schedule for conducting and completing discovery.’’; (iii) by amending clause (iv) to read as follows: ‘‘(iv) Discovery in connection with written direct statements shall be permitted for a period of 60 days, except for discovery ordered by the Copyright Royalty Judges in connection with the resolution of motions, orders, and disputes pending at the end of such period. The Copyright Royalty Judges may order a discovery schedule in connection with written rebuttal statements.’’; and (iv) by amending clause (x) to read as follows: ‘‘(x) The Copyright Royalty Judges shall order a settlement conference among the participants in the proceeding to facilitate the presentation of offers of settlement among the participants. The settlement conference shall be held during a 21-day period following the 60-day discovery period specified in clause (iv) and shall take place outside the presence of the Copyright Royalty Judges.’’.
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00224
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002
�
