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(2) CERTAIN ROYALTY RATES PROCEEDINGS.—
Notwithstanding any other provision of law, pro-
ceedings to determine royalty rates pursuant to sec-
tion 119(c) of title 17, United States Code, shall be
conducted pursuant to the provisions of title 17,
United States Code, and the rules and practices in ef-
fect under that chapter on the day before any provi-
sion of this Act takes effect.
(3) PENDING
PROCEEDINGS.—Notwithstanding
paragraph (1), any proceedings to establish or adjust
rates and terms for the statutory licenses under sec-
tion 114(f)(2) or 112(e) of title 17, United States
Code, for a statutory period commencing on or after
January 1, 2005, shall be terminated upon the date
of enactment of this Act and shall be null and void.
The rates and terms in effect under section 114(f)(2)
or 112(e) of title 17, United States Code, on December
31, 2004, for new subscription services, eligible non-
subscription services, and services exempt under sec-
tion 114(d)(1)(C)(iv) of such title, and the rates and
terms published in the Federal Register under the au-
thority of the Small Webcaster Settlement Act of 2002
(17 U.S.C. 114 note; Public Law 107–321) (including
the amendments made by that Act) for the years 2003
through 2004, as well as any notice and record-
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keeping provisions adopted pursuant thereto, shall re-
main in effect until the later of the first applicable
effective date for successor terms and rates specified in
section 804(b) (2) or (3)(A) of title 17, United States
Code, or such later date as the parties may agree or
the Copyright Royalty Judges may establish. For the
period commencing January 1, 2005, an eligible
small webcaster or a noncommercial webcaster, as de-
fined in the regulations published by the Register of
Copyrights pursuant to the Small Webcaster Settle-
ment Act of 2002 (17 U.S.C. 114 note; Public Law
107–321) (including the amendments made by that
Act), may elect to be subject to the rates and terms
published in those regulations by complying with the
procedures governing the election process set forth in
those regulations not later than the first date on
which the webcaster would be obligated to make a roy-
alty payment for such period. Until successor terms
and rates have been established for the period com-
mencing January 1, 2006, licensees shall continue to
make royalty payments at the rates and on the terms
previously in effect, subject to retroactive adjustment
when successor rates and terms for such services are
established.
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(4) INTERIM
PROCEEDINGS.—Notwithstanding
subsection (a), as soon as practicable after the date of
enactment of this Act, the Copyright Royalty Judges
or interim Copyright Royalty Judges shall publish
the notice described in section 803(b)(1)(A) of title 17,
United States Code, as amended by this Act, to ini-
tiate a proceeding to establish or adjust rates and
terms for the statutory licenses under section 114(f)(2)
or 112(e) of title 17, United States Code, for new sub-
scription services and eligible nonsubscription services
for the period commencing January 1, 2006. The
Copyright Royalty Judges or Interim Copyright Roy-
alty Judges are authorized to cause that proceeding to
take place as provided in subsection (b) of section 803
of that title within the time periods set forth in that
subsection. Notwithstanding section 803(c)(1) of that
title, the Copyright Royalty Judges shall not be re-
quired to issue their determination in that proceeding
before the expiration of the statutory rates and terms
in effect on December 31, 2004.
(c) EXISTING APPROPRIATIONS.—Any funds made
available in an appropriations Act to carry out chapter 8
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of title 17, United States Code, shall be available to the ex-
tent necessary to carry out this section.
Attest:
Secretary.