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D Stribution of the Arbitrator Arbitrator 4123 Before the COPYRIGHT OFFICE LIBRARY OF CONGRESS Washington, D.C. In the matter of: Docket No. D stribution of the 2001-8 CARP CD 98 — 99 1998 and 1999 Cable Il Royalty Funds II Room LM-414 Library of Congress First and Independence Ave. S.E. Washington, D.C. 20540 Monday, May 19, 2003 The above-entitled matter came on for hearing, pursuant to notice, at 9:30 a.m. BEFORE: THE HONORABLE CURTIS E. Von KRAK Chairman THE HONORABLE JEFFREY S. GULIN Arbitrator THE HONORABLE MICHAEL D. YOUNG Arbitrator NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.corn 4124 APPEARANCES: On Behalf of the Pro ram Su liers: GREGORY OLANIRAN, ESQ ROBERT L. ESKAY, ESQ SARAH K. JOHNSON, ESQ MICHAEL E. TUCCI, ESQ Stinson Morrison Hecker, LLP 1150 18th Street, N.W. Suite 800 Washington, D.C. 20036-3816 (202) 785-9100 On Behalf of the Joint S orts Claimants: Counsel for the Office of the Commissioner of Baseball ROBERT ALAN GARRETT, ESQ JAMES COOPER, ESQ MICHELE T. DUNLOP, ESQ RONALD A. SCHECHTER, ESQ JULE SIGALL, ESQ CHRISTOPHER WINTERS, ESQ MICHELE WOODS, ESQ Arnold R Porter 555 Twelfth Street, N.W. Washington, D.C. 20004-1206 THOMAS J. OSTERTAG Senior Vice President 6 General Counsel Office of the Commissioner of Baseball 245 Park Avenue New York, New York 10167 Counsel for the National Basketball Association, National Football League, and National Hockey League PHILIP R. HOCHBERG, ESQ PIPER RUDNICK, ESQ Verner, Liipfert, Bernhard, McPherson & Hand 901 Fifteenth Street, N.W. Washington, D.C. 20005 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.corn 4125 On Behalf of the Joint Svorts Claimants: (cont.) Counsel for the National Collegiate Athletic Association RITCHIE THOMAS, ESQ JUDI TH JURIN SEMO I ESQ Squire, Sanders 8 Dempsey, LLP 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20004 On Behalf of the Public Television Claimants: TIMOTHY C. HESTER, ESQ RONALD G. DOVE, ESQ RUSSELL JESSE I ESQ Covington & Burling 1201 Pennsylvania Avenue, N.W. Washington, D.C., 20044-7566 PAUL GRECO, ESQ Public Broadcasting Service 1320 Braddock Place Alexandria, Virginia 22314 On Behalf of the American Societv of Comoosers. Authors and Publishers: I. FRED KOENIGSBERG, ESQ CAROL A. WITSCHEL, ESQ White & Case 1155 Avenue of the Americas New York, New York 10036-2787 JAMES M. McGIVERN, ESQ SAMUEL MOSENKIS, ESQ ASCAP One Lincoln Plaza New York, New York 10023 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.corn 4126 On Behalf of BMI: MICHAEL J. REMINGTON, ESQ ADAM L. BREA, ESQ JEFFREY J. LOPEZ, ESQ PHILIP J. MAUSE, ESQ Drinker, Biddle 6 Reath, LLP 1500 K Street, N.W. Suite 1100 Washington, D.C. 20005 MARVIN J. BERENSON, ESQ JOSEPH J. DiMONA, ESQ MARC D. OSTROW, ESQ Broadcast Music, Inc. 320 West 57th Street, New York, New York 10019 On Behalf of SESAC Inc: JOHN C. BEITER, ESQ Loeb 6 Loeb 45 Music Square West Nashville, Tennessee 37203 I'ATRICK COLLINS, ESQ SESAC, Inc. 55 Music Square East Nashville, Tennessee 37023 On Behalf of National Public Radio: NIKI KUCKES, ESQ Baker Botts LLP The Warner 1299 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2400 NEAL A. JACKSON, ESQ GREGORY LEWIS National Public Radio 635 Massachusetts Avenue, N.W. Washington, D.C. 20001 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.corn 4127 On Behalf of the Canadian Claimants Grouo: L. KENDALL SATTERFIELD, ESQ RICHARD M. VOLIN, ESQ Finkelstein, Thompson 6 Loughran 1050 30th Street, N.W. Washington, D.C. 20007 (202) 337-8000 On Behalf of the National Association of Broadcasters: JOHN I. STEWART, ESQ PARUL DESAI, ESQ KAREN C. HERMAN, ESQ VALERIE HINKO, ESQ MICHAEL LAZARUS, ESQ Crowell & Moring 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 624-2926 HENRY L. BAUMANN, ESQ BART STRINGHAM, ESQ National Association of Broadcasters 1771 N Street, N.W. Washington, D.C. 20036 Counsel For Devotional Claimants On Behalf of the Devotional Claimants: FRANK KOSZORUS, ESQ Collier Shannon Rill & Scott 3050 K Street, N.W. Washington, D.C. 20037 JAMES CANNING, ESQ Our Own Performance Society 400 2nd Avenue, Ste., 22C New York, New York 20007 RAUL GALAZ, ESQ Independent Producers Group 2318 Sawgrass Ridge San Antonio, Texas 78258 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.corn 4128 On Behalf of Christian BroadcastincI Network, Inc.: and the Devotional Claimants: BARRY H. GOTTFRIED, ESQ CLIFFORD M. HARRINGTON, ESQ ShawPittman 2300 N Street, N.W. Washington, D.C. 20037 On Behalf of Coral Ridae Ministries Media, Inc.; Oral Roberts Evancrelistic Association: GEORGE R GRANGE I I i ESQ KENNETH E. LIU, ESQ Gammon & Grange, P.C. 8280 Greensboro Drive Seventh Floor McLean, Virginia 22102 On Behalf of KNLJ (New Life Evangelistic Center, Inc. ): JOHN H MIDLEN JR i ESQ Midlen Law Center 7618 Lynn Chevy Chase, Maryland 20815 On Behalf of the Home Shovvincr Network. Inc.; Indeoendent Producers Grouo; Home Shoooina en Esoanol and AST LLC; and Crvstal Cathedral Ministries. Inc.: ARNOLD P. LUTZKER, ESQ CARL H SETTLEMEYER i ESQ Lutzker & Lutzker 1000 Vermont Avenue, N.W. Washington, D.C. 20005 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.cern 4129 I-N-D-E-X WITNESS DIRECT CROSS REDIRECT RECROSS Jeffrey Lyon By Ns. Witshel 4135 By Nr. Garrett 4186 By Nr. Jesse 4219 Frank Krupit By Nr. Mause 4231 By Mr. Stewart 4288 By Mr. Olaniran 4370 E-X-H-I-B-I-T-S Exhibit No. Description Nark Reed NAB 98-99 23-X BMI Website Document 4309 4314 JSC 32-X Sports Telecasts 4334 4342 33-X Cue Sheets 4344 4353 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 4130 P-R-0-C-E-E-D-I-N-G-S (9:37 a.m.) JUDGE von KANN: Good morning, everyone. Come to a nice sunny Monday. Do we have the exhibit list from everybody maybe updated or not? I'm seeing some blank expressions. Well, why don't you try to get us tomorrow, if you can. Bring everybody up to date. We'e trying to do that the Monday of each week. Some 10 parties. Okay. Thank you. Thank you. Yes? MR. GARRETT: We do have some additional copies of the binder that I had given you last week, the one that had the various items in order. Would you like that'? JUDGE von KANN: Yes, that would be great. 17 For the other members of the panel, that's good. 18 MR. GARRETT: Here are the two additional 19 ones. It's identical to the one that I had given you 20 last week. The one difference is that the first page 21 we noticed on yours there was a little sticky thing 22 that had to pick it up. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.corn 4131 JUDGE von ~: A sticky thing. Okay. MR. GARRETT: This is unsticky. JUDGE von KANN: Unsticky. And while we'e sort of on the subject of settlements, I think it might be good for the panel to issue an order just confirming that we'l have a hearing 2:00 p.m. on May 29, as we discussed, concerning how the settlements with NPR and the Devotional Claimants should be received into the record. 10 And I will issue that today so that they will have notice of it and will indicate that if all 12 parties reach an agreement on that matter before the 13 hearing date, then they needn't come. So we'l see if that results in an agreement or whether we have to 15 hear everybody out. 16 The only other thing I guess seems 17 appropriate on a music day, I have tickets for the 18 opera tonight which starts at 7:00. So it would be 19 helpful to me if we don't go pst 6:00 tonight. I 20 don't know what the schedule is going to be, but if 21 it's possible to conclude before that, it would be 22 great. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.corn 4132 Okay. Yes, Mr. Dove? MR. DOVE: Your Honor, I would like to briefly address the panel on a point raised by Mr. Garrett on Friday relating to the termination of the music share. JUDGE von KANN: Okay. MR. DOVE: Mr. Garrett made it clear on Friday that it is the position of the Joint Sports Claimants to rapidly take the music award off the top. 10 The panel should essentially determine separate music awards for each of the claimant categories. Upon refection of the weekend and after 13 rereading the prior decisions of the CRT and the CARP 14 on this point, Public Television Claimants are 15 convinced that this proposal is a dramatic departure 16 from past precedent, is unfair to the parties that 17 have arrived on that precedent, would significantly 18 increase the cost and complexity of this proceeding.
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