Before the COPYRIGHT ROYALTY JUDGES Washington, D.C. ) In the Matter of ) ) Docket No. 2007-3 CRB CD 2004-2005 Distribution of the ) 2004 and 2005 Cable Royalty Funds ) ) ) WRITTEN REBUTTAL STATEMENT OF PROGRAM SUPPLIERS Gregory O. Olaniran D.C. Bar No. 455784 Dennis Lane D.C. Bar No. 953992 Lucy Holmes Plovnick D.C. Bar No. 488752 STINSON MORRISON HECKER LLP 1150 18th Street, NW Suite 800 Washington, D.C. 20036 Telephone: (202) 785-9100 Facsimile: (202) 572-9970
[email protected] [email protected] [email protected] December 11, 2009 Attorneysfor Program Suppliers Before the COPYRIGHT ROYALTY JUDGES Washington, D.C. ) In the Matter of ) ) Distribution ofthe ) Docket No. 2007-3 CRB CD 2004-2005 ) 2004 and 2005 ) Cable Royalty Funds ) ------------) WRITTEN REBUTTAL STATEMENT OF PROGRAM SUPPLIERS The Motion Picture Association ofAmerica, Inc. ("MPAA"), its member companies and other producers and/or syndicators ofsyndicated movies, series and specials broadcast by television stations ("Program Suppliers"),l in accordance with the November 16,2009 Order ofthe Copyright Royalty Judges ("Judges"), hereby submit their Written Rebuttal Statement in the consolidated 2004 and 2005 Cable Royalty Distribution Proceeding. Program Suppliers are submitting this introductory memorandum in order to summarize the rebuttal evidence presented in this phase ofthe proceeding. I. INTRODUCTION Program Suppliers' Written Rebuttal Statement focuses on the testimony offered by the Settling Parties in the direct phase ofthis proceeding. First, Program Suppliers present evidence that the Settling Parties' proffered methodology for allocating royalties I A listing ofMPAA-represented Program Suppliers was submitted with the direct testimony ofMarsha Kessler (PS Exhibit 5).