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NATIONAL BROADCASTING CO., INC. v. COPYRIGHT ROYALTY TRIB.

No. 87-1157.

848 F.2d 1289 (1988)

NATIONAL BROADCASTING COMPANY, INC., Petitioner, v. COPYRIGHT ROYALTY TRIBUNAL, Respondent, Worldvision Enterprises, Inc., Old Time Gospel Hour, Warner Communications, Inc., et al., Multimedia Entertainment, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 1988.

As Amended June 7 and June 21, 1988.

Attorney(s) appearing for the Case

Jerome J. Shestack, Philadelphia, Pa., with whom W. Drew Kastner, New York City, was on the brief, for petitioner.

Jeffrey Clair, Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., and William Kanter, Dept. of Justice, Washington, D.C., were on the brief, for respondent.

Margot Polivy, with whom Katrina Renouf, Washington, D.C., was on the brief, for intervenor Worldvision Enterprises, Inc.

John H. Midlen, Jr., Washington, D.C., was on the brief for intervenor, Old Time Gospel Hour.

Arnold P. Lutzker, Washington, D.C., entered on appearance for intervenor, Multimedia Entertainment, Inc.

Bernard R. Sorkin, New York City, entered an appearance for intervenor, Warner Communications, Inc., et al.

Before MIKVA, RUTH BADER GINSBURG and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Concurring Statement filed by Circuit Judge MIKVA.

SILBERMAN, Circuit Judge:

Under a mechanism created by the Copyright Act of 1976, 17 U.S.C. §§ 101 et seq. (1982 & Supp. IV 1986), cable television companies pay a fee for the privilege of retransmitting conventional broadcast television signals. See id. § 111. These cable royalty fees are earmarked as compensation...

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