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PROGRAM SUPPLIERS v. LIBRARIAN OF CONGRESS

Nos. 04-1070, 04-1071.

409 F.3d 395 (2005)

PROGRAM SUPPLIERS, Appellant v. LIBRARIAN OF CONGRESS, Appellee NATIONAL ASSOCIATION OF BROADCASTERS, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 2005.

Attorney(s) appearing for the Case

Gregory O. Olaniran argued the cause for appellant Program Suppliers. With him on the briefs was Michael E. Tucci.

Timothy C. Hester argued the cause for appellant Public Broadcasting Service. With him on the briefs were Ronald G. Dove, Jr., and Paul Greco.

Mark S. Davies, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, and William G. Kanter, Deputy Director. Anne M. Murphy, Attorney, entered an appearance.

Robert Alan Garrett argued the cause for intervenors Joint Sports Claimants, et al. With him on the brief were John I. Stewart, Jr., Michael L. Lazarus, L. Kendall Satterfield, and Victor J. Cosentino. James L. Cooper and Philip R. Hochberg entered appearances.

Before: SENTELLE, RANDOLPH, and TATEL, Circuit Judges.

TATEL, Circuit Judge.

Two parties — Program Suppliers and Public Broadcasting Service — appeal the Librarian of Congress's order distributing 1998 and 1999 copyright royalty payments among classes of claimants in accordance with the recommendation of a Copyright Arbitration Royalty Panel. Because the Librarian's order survives our exceptionally deferential standard of review, we affirm.

I.

Cable system operators (CSOs) make most of...

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