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UNITED STATES v. AMERICAN SOCIETY OF COMPOSERS, AUTH. & PUB.

208 F.Supp. 896 (1962)

UNITED STATES of America, Plaintiff, v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, Defendant-Respondent. Application of SHENANDOAH VALLEY BROADCASTING, INC., et al., Petitioners, For the Determination of Reasonable License Fees. Application of COLUMBIA BROADCASTING SYSTEM, INC., Petitioner, For the Determination of a Reasonable Fee for a License to Perform Publicly by Television Broadcasting on its Local Stations, Any, Some or All of the Musical Compositions in the Repertory of American Society of Composers, Authors and Publishers. Application of COLUMBIA BROADCASTING SYSTEM, INC., Petitioner, For the Determination of a Reasonable Fee for a License to Perform Publicly by Television Broadcasting on its Network, Any, Some or All of the Musical Compositions in the Repertory of American Society of Composers, Authors and Publishers. Application of NATIONAL BROADCASTING COMPANY, Inc., Applicant, For the Determination of Reasonable License Fees for Its Television Broadcasting Stations. Application of NATIONAL BROADCASTING COMPANY, Inc., Applicant, For the Determination of Reasonable License Fees for Its Television Network.

United States District Court S. D. New York.

September 13, 1962.

Attorney(s) appearing for the Case

Richard G. Green, New York City, for petitioner Columbia Broadcasting System, Inc.

Sullivan & Cromwell, New York City, Herman Finkelstein, New York City, Cox, Langford, Stoddard & Cutler, Washington, D. C., for defendant-respondent.

Donovan, Leisure, Newton & Irvine, New York City, for petitioners Shenandoah Valley Broadcasting, Inc., et al.

Hawkins, Delafield & Wood, New York City, for applicant American Broadcasting-Paramount Theatres, Inc.

Cahill, Gordon, Reindel & Ohl, New York City, for applicant National Broadcasting Company, Inc.

RYAN, Chief Judge.

This petition, filed by more than 335 local television stations situated throughout the United States, seeks fixation of a reasonable royalty for a license under Section IX(A) and (B) of the Amended Consent Judgment, entered on March 14, 1950 in the antitrust suit entitled United States v. ASCAP. While theoretically the petition is brought under the provisions of the decree for the fixing of fees, what it really seeks from ASCAP is a radically different...

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