Adjustment of Rates and Terms for Preexisting Subscription and Satellite Digital Audio Radio Services

(Docket 2006-1, CRB DSTRA)

Hearing Information

The trial to determine the reasonable rates and terms for preexisting satellite digital audio radio services has concluded. The direct phase took place from June 4 through June 28, 2007. The rebuttal phase took place from August 15 through August 30.

The parties submitted their proposed findings of fact and conclusions of law, and closing arguments were heard on October 17.

The Copyright Royalty Judges issued their initial determination on December 3, 2007. On December 18, 2007, SoundExchange filed a Motion for Rehearing, which was denied on January 8, 2008. The Judges issued their Final Determination on January 24, 2008.

With regard to preexisting subscription services, Music Choice and SoundExchange reached an agreement on the rates and terms for the license period 2008-2012. On October 31 the Judges published the proposed rates and terms for comment. Having received no objections to the proposed regulations, the Judges adopted final regulations on December 19, 2007.

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Final Determination of Rates and Terms for Preexisting Satellite Digital Audio Radio Services (Jan. 24, 2008)

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Listed below are participants and documents submitted for the proceeding. For further information, see Federal Register notice 71 FR 1455 , issued January 9, 2006.

List of Participants

XM Satellite Radio, Inc
Sirius Satellite Radio, Inc.
SoundExchange, Inc.
Music Choice

Proposed Findings of Fact and Conclusions of Law

Party	Documents
Sirius Satellite Radio, Inc. and XM Satellite Radio, Inc.	Joint Proposed Findings of Fact (10-4-07) Reply to SoundExchange Proposed Findings of Fact (10-16-07) Reply to SoundExchange Propose Conclusions of Law (10-11-07) Second Amended Proposal of Rates and Terms (10-1-07) Joint Proposed Conclusions of Law (10-1-07)
SoundExchange, Inc.	Proposed Findings of Fact (10-01-07) Proposed Conclusions of Law (10-01-07) Reply Conclusions of Law (10-11-07) Proposed Reply Findings of Fact (10-11-07)

 

Statements and Testimony

Party	Documents
XM Satellite Radio, Inc.	Motion to Substitute a Correct Copy Written Direct Statement (Amended 1/17/07)  Witness Testimony (Amended 1/17/07) Witness Exhibits, Vol. 1  (Amended 1/17/07) (large file: 63 Mb) Witness Exhibits, Vol. 2 (Amended 1/17/07) (large file:  41 Mb)
Sirius Satellite Radio, Inc.	Introductory Memorandum Steven Blatter Testimony Steve Cohen Testimony Jeremy M. Coleman Testimony David J. Frear Testimony Christine Heye Testimony Mel Karmazin Testimony Robert Law Testimony Michael J. Moore Testimony J. Armand Musey Testimony Roger J. Rusch Testimony Terrence Smith Testimony John Douglas Wilsterman Testimony Expert Report of Dr. John R. Woodbury Expert Attachments Written Direct Statement, Volume 1 (Amended 1/17/07) Written Direct Statement, Volume 2 (Amended 1/17/07) Exhibits: Volume 3  (Amended 1/11/07) (large file) Exhibits: Volume 4  (Amended 1/11/07) (large file) All Sirius documents in ZIP file  (huge file:  136 Mb)
Sirius Satellite Radio, Inc. and XM Satellite Radio, Inc.	Witness Testimony and Exhibits
SoundExchange, Inc.	Volume 1: Written Direct Statement
	Volume 2: Edgar Bronfman Jr. Testimony Sean Butson Testimony Edward Chmelewski Testimony Charles Ciongoli Testimony Mark Eisenberg Testimony James Griffin Testimony David Hughes Testimony Lawrence Kenswil Testimony Barrie Kessler Testimony Michael Kushner Testimony Dan Navarro Testimony Janus Ordover Testimony Michael Pelcovits Testimony Simon Renshaw Testimony Yorum (Jerry) Wind Testimony
	Volume 3 (Exhibits): Exhibit 1:  Declaration of Barry N. Massarsky Exhibit 2:  Motion for Referral of Novel Material Question of Law Exhibit 4:  RIAA 2005 Year-End Statistics Exhibit 5:  RIAA 2006 Mid-Year Statistics Exhibit 6:  The XM Experience
	Volume 4 (Michael Pelcovits Testimony): Table of Contents Michael Pelcovits Written Testimony Michael Pelcovits Oral Testimony May 15, 2006- Open Michael Pelcovits Oral Testimony May 15, 2006- Closed Michael Pelcovits Oral Testimony May 16, 2006- Open Michael Pelcovits Oral Testimony May 16, 2006- Closed
	Volume 5 (Exhibits to Oral Testimony of Michael Pelcovits): Table of Contents Exhibit 51 Exhibit 60 Exhibit 62 Exhibit 63 Exhibit 66 Exhibit 67 Exhibit 68 Exhibit 69 Exhibit 70
	Volume 6 (Testimony of Barrie Kessler): Table of Contents Barrie L. Kessler Written Testimony Barrie Kessler Oral Testimony June 6, 2006- Open Barrie Kessler Oral Testimony June 8, 2006- Open Barrie Kessler Oral Testimony June 8, 2006- Closed
	Volume 7 (Exhibits to Written and Oral Testimony of Barrie Kessler): Table of Contents Index to Exhibits Sponsored by Barrie L. Kessler Services Exhibit 98 Services Exhibit 154 Services Exhibit 155 Services Exhibit 157 Services Exhibit 158 Exhibit 211 Exhibit 212 Exhibit 213 Exhibit 214 Exhibit 252 Exhibit 253 Exhibit 259 Exhibit 260 Exhibit 261 Exhibit 262 Exhibit 263 Exhibit 264 Exhibit 265 Exhibit 407 Exhibit 411 Exhibit 414 Exhibit 415 Exhibit 416 Exhibit 417 Exhibit 418
	All SoundExchange documents in ZIP file  (large file:  69 Mb)
Music Choice	Music Choice Written Direct Statement
	Tab A (Written Testimony): David J. Del Beccaro Testimony Damon Williams Testimony George G. Strong Jr. Testimony
	Tab B (Exhibits): Exhibit MC01 Exhibit MC02 Exhibit MC03 Exhibit MC04 Exhibit MC05 Exhibit MC06 Exhibit MC07 Exhibit MC08 Exhibit MC09 Exhibit MC10 Exhibit MC11 Exhibit MC12 Exhibit MC13 Exhibit MC14 Exhibit MC15 Exhibit MC16 Exhibit MC17 Exhibit MC18 Exhibit MC19 Exhibit MC20 Exhibit MC21 Exhibit MC22 Exhibit MC23 Exhibit MC24 Exhibit MC25 Exhibit MC26 Exhibit MC27 Exhibit MC28 Exhibit MC29 Exhibit MC30 Exhibit MC31 Exhibit MC32 Exhibit MC33 Exhibit MC34 Exhibit MC35 Exhibit MC36 Exhibit MC37 Exhibit MC38
	Tab C (Designated Testimony): Adam B. Jaffe Written Direct Testimony Adam B. Jaffe Live Direct Testimony Karyn Ulman Written Direct Testimony Karyn Ulman Live Direct Testimony Adam B. Jaffe Written Direct Testimony, 2000-9 Adam B. Jaffe Live Direct Testimony, 2000-9 Adam B. Jaffe Written Rebuttal Testimony, 2000-9 Adam B. Jaffe Live Rebuttal Testimony, 2000-9
	All Music Choice documents in ZIP file  (large file:  51 Mb)

 

Rebuttal Statements

Party	Documents
Sirius Satellite Radio, Inc.	Written Rebuttal Statement Written Rebuttal Testimony of David J. Frear
Sirius Satellite Radio, Inc. and XM Satellite Radio, Inc.	Rebuttal Testimony and Exhibits
SoundExchange, Inc.	Written Rebuttal Statement, Volume 1 Written Rebuttal Statement, Volume 2 Written Rebuttal Statement, Volume 3 Written Rebuttal Statement, Volume 4 Written Rebuttal Statement, Volume 5 (Harold Ray Bradley Testimony) Written Rebuttal Statement, Volume 5 (Jonatha Brooke Testimony) Written Rebuttal Statement, Volume 5 (Cathy Fink Testimony) Written Rebuttal Statement, Volume 6
XM Satellite Radio, Inc.	Written Rebuttal Statement, Volume 1 Written Rebuttal Statement, Volume 2 Amended Rebuttal Testimony of Mark J. Vendetti
Exhibits
Satellite Digital Audio Radio Services	Exhibits
Sirius Satellite Radio, Inc.	Exhibits, Volume 1 Exhibits, Volume 2
SoundExchange, Inc.	Exhibits, Volume 1 Exhibits, Volume 2 Written Direct Testimony, A Written Direct Testimony, B Written Direct Testimony, Michael Pelcovits Written Direct Testimony, Yoram (Jerry) Wind
XM Satellite Radio, Inc.	Exhibits, Volume 1 Exhibits, Volume 2