Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service

(Docket 2005-5 CRB DTNSRA)

Hearing Information

The trial to determine the reasonable rates and terms for a new type of subscription service that performs sound recordings on digital audio channels programmed by the licensee for transmission by a satellite television distribution service to its residential customers where the audio channels are bundled with television channels as part of a “basic” package of service and not for a separate fee has concluded. The direct phase took place from July 10 through July 11, 2007. The rebuttal phase was scheduled to take place from September 10, 2007 through September 12, 2007; however, prior to the start of the rebuttal hearings, the Services (Sirius Satellite Radio, Inc., XM Satellite Radio, Inc., and MTV Networks) and SoundExchange reached an agreement on the rates and terms.

On November 9, 2007, 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 20, 2007.

Listed below are participants and documents submitted for the proceeding. For further information, see Federal Register notice 70 FR 72471 , issued December 5, 2005.

List of Participants

Sirius Satellite Radio, Inc.
XM Satellite Radio, Inc.
MTV Networks, Inc.
SoundExchange, Inc.

Documents Submitted

Direct Statements

Party Documents
Sirius Satellite Radio, Inc.

Introductory Memorandum
Certificate of Service
Written Direct Statement (Amended 1/17/07)
Proposed Rates and Terms
Steven Blatter Written Direct Testimony
Steven Blatter Exhibit
Tasneem Chipty Direct Testimony
Tasneem Chipty Exhibit
Douglas A. Kaplan Written Direct Testimony
Douglas A. Kaplan Exhibit

All Sirius documents in ZIP file 
XM Satellite Radio, Inc.

Written Direct Statement (Amended 1/17/07)
Exhibits (Amended 1/17/07)
Motion to Substitute a Correct Copy

Sirius Satellite Radio, Inc.
XM Satellite Radio, Inc.

Witness Testimony and Exhibits
MTV Networks Written Direct Statement
Sound Exchange, Inc.

Volume 1:

Written Direct Statement

Volume 2 (Witness Statements and Exhibits):

James Griffin Testimony
Michael Pelcovits Testimony
Barrie Kessler Testimony
Exhibit 1
Exhibit 2
Exhibit 101
Exhibit 102

Volume 3 (Testimony of Michael Pelcovits) :

Table of Contents
Michael Pelcovits Written Direct 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 4 (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 5 (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 6 (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:  50 Mb)

Rebuttal Statements

Party Documents
MTV Networks

Rebuttal Testimony & Exhibits

Sirius Satellite Radio & XM Satellite Radio

Rebuttal Testimony & Exhibits
SoundExchange, Inc.

Volume 1
Volume 2


Satellite Digital Audio Radio Services, Sirius Satellite Radio, SoundExchange, XM Satellite Radio Exhibits

Contact Us | Legal Notices | Library of Congress | U.S. Copyright Office | FirstGov


Library of Congress Copyright Royalty Board