NAT. CABLE T.V. v. COPYRIGHT ROYALTY TRIBUNAL

No. 82-2389.

724 F.2d 176 (1983)

NATIONAL CABLE TELEVISION ASSOCIATION, INC., Petitioner, v. COPYRIGHT ROYALTY TRIBUNAL, Respondent, Peyton Broadcasting, Ltd., Motion Picture Association of America, Inc., Turner Broadcasting Systems, Inc., New York State Commission on Cable Television, National Association of Broadcasters, Broadcast Music, Inc., United Video, Inc., Major League Baseball, et al., American Society of Composers, etc., Southern Satellite Systems, Inc., Long-view Cable Television, Co., Inc., Sin, Inc., Allen's TV Cable Service, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1983.


Attorney(s) appearing for the Case

Robert St. John Roper, Washington, D.C., with whom Brenda L. Fox, Michael S. Schooler, and Stuart F. Feldstein, Washington, D.C., were on the brief, for petitioner. Jay E. Ricks and David J. Saylor, Washington, D.C., also entered appearances for petitioner.

Bruce G. Forrest, Atty., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., and William Kanter, Atty., Dept. of Justice, Washington, D.C., were on the brief, for respondent.

Arthur Scheiner, Washington, D.C., with whom Dennis Lane, Washington, D.C., for the Motion Picture Ass'n of America, Inc.; Bernard Korman and I. Fred Koenigsberg, New York City, for American Society of Composers, Authors and Publishers; and Charles T. Duncan, Michael W. Faber, and Joel S. Winnik, Washington, D.C., for Broadcast Music, Inc. were on the joint intervenors' brief. Richard H. Waysdorf, Washington, D.C., also entered an appearance for Motion Picture Ass'n of America, Inc., et al.

Charles D. Ferris, Bruce D. Sokler, and L. Gregory Ballard, Washington, D.C., were on the brief for intervenor, Turner Broadcasting System, Inc.

John R. Harder, Albany, N.Y., was on the brief for intervenor, New York State Com'n on Cable Television.

Victor E. Ferrall, Jr., John I. Stewart, Jr., Erwin G. Krasnow, and Michael D. Berg, Washington, D.C., were on the brief for intervenor, National Ass'n of Broadcasters.

Robert F. Corazzini and Peter H. Feinberg, Washington, D.C., were on the brief for intervenor, Southern Satellite Systems, Inc.

John P. Cole, Jr., Robert L. James, David M. Silverman, and James F. Ireland, III, Washington, D.C., were on the brief for intervenors, United Video, Inc., et al.

David H. Lloyd, Robert S. Thorpe, and Robert Alan Garrett for Major League Baseball; Philip R. Hochberg, Washington, D.C., for the National Basketball Ass'n and the North American Soccer League; Robert W. Coll, Washington, D.C., for the National Hockey League; Judith Jurin Semo, Washington, D.C., for the National Collegiate Athletic Ass'n; Charles T. Duncan, Michael W. Faber, and Joel S. Winnik, Washington, D.C., for Broadcast Music, Inc.; Bernard Korman, I. Fred Koenigsberg, New York City, and Benjamin L. Zelenko, Washington, D.C., for American Society of Composers, Authors and Publishers were on the joint intervenors' brief.

Gary Shaver, Asst. City Atty., Longview, Tex., was on the brief for amicus curiae, City of Longview, Texas, urging that the decision should be vacated.

Martin E. Firestone and Neal A. Jackson, Washington, D.C., entered appearances for intervenor, Peyton Broadcasting, Ltd.

Michael S. Horne and Paul J. Berman, Washington, D.C., entered appearances for intervenor, Longview Cable Television, Co., Inc.

Norman P. Leventhal, Barbara K. Kline, and Edwina Dowell, Washington, D.C., entered appearances for intervenor, SIN, Inc.

Robert W. Kastenmeier, Washington, D.C., entered an appearance as amicus curiae as the Chairman of the House Subcommittee on Courts.

Robert S. Golden, Jr., Asst. Atty. Gen., Hartford, Conn., State of Connecticut as amicus curiae for the State of Connecticut.

Before MIKVA and GINSBURG, Circuit Judges, and BAZELON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Copyright Act of 1976 (Act or 1976 Act)1 establishes a compulsory licensing scheme encompassing phonorecords and jukebox performances of musical works, certain noncommercial broadcasting transmissions, and certain cable television retransmissions. 17 U.S.C. §§ 111, 115, 116, 118 (1982). To superintend the scheme, Congress created the Copyright...

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