Adjustment of Rates and Terms for Preexisting Subscription and Satellite Digital Audio Radio Services

(Docket 2006-1, CRB DSTRA)

Hearing Information

The trial to determine the reasonable rates and terms for preexisting satellite digital audio radio services has concluded. The direct phase took place from June 4 through June 28, 2007. The rebuttal phase took place from August 15 through August 30.

The parties submitted their proposed findings of fact and conclusions of law, and closing arguments were heard on October 17.

The Copyright Royalty Judges issued their initial determination on December 3, 2007. On December 18, 2007, SoundExchange filed a Motion for Rehearing, which was denied on January 8, 2008. The Judges issued their Final Determination on January 24, 2008.

With regard to preexisting subscription services, Music Choice and SoundExchange reached an agreement on the rates and terms for the license period 2008-2012. On October 31 the Judges published the proposed rates and terms for comment. Having received no objections to the proposed regulations, the Judges adopted final regulations on December 19, 2007.


Final Determination of Rates and Terms for Preexisting Satellite Digital Audio Radio Services (Jan. 24, 2008)


Listed below are participants and documents submitted for the proceeding. For further information, see Federal Register notice 71 FR 1455 , issued January 9, 2006.

List of Participants

XM Satellite Radio, Inc
Sirius Satellite Radio, Inc.
SoundExchange, Inc.
Music Choice

Proposed Findings of Fact and Conclusions of Law

Party Documents

Sirius Satellite Radio, Inc.
and
XM Satellite Radio, Inc.

Joint Proposed Findings of Fact (10-4-07)
Reply to SoundExchange Proposed Findings of Fact (10-16-07)
Reply to SoundExchange Propose Conclusions of Law (10-11-07)
Second Amended Proposal of Rates and Terms (10-1-07)
Joint Proposed Conclusions of Law (10-1-07)
SoundExchange, Inc.

Proposed Findings of Fact (10-01-07)
Proposed Conclusions of Law (10-01-07)
Reply Conclusions of Law (10-11-07)
Proposed Reply Findings of Fact (10-11-07)

 

Statements and Testimony

Party Documents
XM Satellite Radio, Inc. Motion to Substitute a Correct Copy
Written Direct Statement (Amended 1/17/07) 
Witness Testimony (Amended 1/17/07)
Witness Exhibits, Vol. 1  (Amended 1/17/07) (large file: 63 Mb)
Witness Exhibits, Vol. 2 (Amended 1/17/07) (large file:  41 Mb)
Sirius Satellite Radio, Inc. Introductory Memorandum
Steven Blatter Testimony
Steve Cohen Testimony
Jeremy M. Coleman Testimony
David J. Frear Testimony

Christine Heye Testimony
Mel Karmazin Testimony
Robert Law Testimony
Michael J. Moore Testimony
J. Armand Musey Testimony
Roger J. Rusch
Testimony
Terrence Smith Testimony
John Douglas Wilsterman Testimony
Expert Report of Dr. John R. Woodbury

Expert Attachments

Written Direct Statement, Volume 1
(Amended 1/17/07)
Written Direct Statement, Volume 2 (Amended 1/17/07)
Exhibits: Volume 3  (Amended 1/11/07) (large file)
Exhibits: Volume 4  (Amended 1/11/07) (large file)
All Sirius documents in ZIP file  (huge file:  136 Mb)

Sirius Satellite Radio, Inc.
and
XM Satellite Radio, Inc.

Witness Testimony and Exhibits
SoundExchange, Inc.

Volume 1:

Written Direct Statement

Volume 2:

Edgar Bronfman Jr. Testimony
Sean Butson Testimony

Edward Chmelewski Testimony
Charles Ciongoli Testimony
Mark Eisenberg Testimony

James Griffin Testimony

David Hughes Testimony

Lawrence Kenswil Testimony

Barrie Kessler Testimony
Michael Kushner Testimony
Dan Navarro Testimony
Janus Ordover Testimony

Michael Pelcovits Testimony
Simon Renshaw Testimony
Yorum (Jerry) Wind Testimony

Volume 3 (Exhibits):

Exhibit 1:  Declaration of Barry N. Massarsky
Exhibit 2:  Motion for Referral of Novel Material Question of Law
Exhibit 4:  RIAA 2005 Year-End Statistics
Exhibit 5:  RIAA 2006 Mid-Year Statistics
Exhibit 6:  The XM Experience

Volume 4 (Michael Pelcovits Testimony):

Table of Contents
Michael Pelcovits Written Testimony
Michael Pelcovits Oral Testimony May 15, 2006- Open
Michael Pelcovits Oral Testimony May 15, 2006- Closed
Michael Pelcovits Oral Testimony May 16, 2006- Open
Michael Pelcovits Oral Testimony May 16, 2006- Closed

Volume 5 (Exhibits to Oral Testimony of Michael Pelcovits):

Table of Contents
Exhibit 51
Exhibit 60

Exhibit 62
Exhibit 63
Exhibit 66
Exhibit 67
Exhibit 68
Exhibit 69
Exhibit 70

Volume 6 (Testimony of Barrie Kessler):

Table of Contents
Barrie L. Kessler Written Testimony

Barrie Kessler Oral Testimony June 6, 2006- Open
Barrie Kessler Oral Testimony June 8, 2006- Open
Barrie Kessler Oral Testimony June 8, 2006- Closed

Volume 7 (Exhibits to Written and Oral Testimony of Barrie Kessler):

Table of Contents
Index to Exhibits Sponsored by Barrie L. Kessler
Services Exhibit 98
Services Exhibit 154
Services Exhibit 155
Services Exhibit 157
Services Exhibit 158
Exhibit 211
Exhibit 212
Exhibit 213
Exhibit 214
Exhibit 252
Exhibit 253
Exhibit 259
Exhibit 260
Exhibit 261
Exhibit 262
Exhibit 263
Exhibit 264
Exhibit 265
Exhibit 407
Exhibit 411

Exhibit 414
Exhibit 415
Exhibit 416
Exhibit 417
Exhibit 418

All SoundExchange documents in ZIP file  (large file:  69 Mb)
Music Choice Music Choice Written Direct Statement

Tab A (Written Testimony):

David J. Del Beccaro Testimony
Damon Williams Testimony
George G. Strong Jr. Testimony

Tab B (Exhibits):

Exhibit MC01
Exhibit MC02

Exhibit MC03
Exhibit MC04
Exhibit MC05

Exhibit MC06
Exhibit MC07
Exhibit MC08
Exhibit MC09
Exhibit MC10
Exhibit MC11
Exhibit MC12

Exhibit MC13
Exhibit MC14
Exhibit MC15
Exhibit MC16
Exhibit MC17
Exhibit MC18
Exhibit MC19
Exhibit MC20
Exhibit MC21
Exhibit MC22
Exhibit MC23
Exhibit MC24
Exhibit MC25
Exhibit MC26
Exhibit MC27
Exhibit MC28
Exhibit MC29
Exhibit MC30
Exhibit MC31
Exhibit MC32

Exhibit MC33

Exhibit MC34
Exhibit MC35
Exhibit MC36
Exhibit MC37
Exhibit MC38

Tab C (Designated Testimony):

Adam B. Jaffe Written Direct Testimony
Adam B. Jaffe Live Direct Testimony
Karyn Ulman Written Direct Testimony
Karyn Ulman Live Direct Testimony
Adam B. Jaffe Written Direct Testimony, 2000-9
Adam B. Jaffe Live Direct Testimony, 2000-9
Adam B. Jaffe Written Rebuttal Testimony, 2000-9
Adam B. Jaffe Live Rebuttal Testimony, 2000-9

All Music Choice documents in ZIP file  (large file:  51 Mb)

 

Rebuttal Statements

Party Documents
Sirius Satellite Radio, Inc.

Written Rebuttal Statement
Written Rebuttal Testimony of David J. Frear

Sirius Satellite Radio, Inc.
and
XM Satellite Radio, Inc.

Rebuttal Testimony and Exhibits
SoundExchange, Inc.

Written Rebuttal Statement, Volume 1
Written Rebuttal Statement, Volume 2
Written Rebuttal Statement, Volume 3
Written Rebuttal Statement, Volume 4
Written Rebuttal Statement, Volume 5 (Harold Ray Bradley Testimony)
Written Rebuttal Statement, Volume 5 (Jonatha Brooke Testimony)
Written Rebuttal Statement, Volume 5 (Cathy Fink Testimony)
Written Rebuttal Statement, Volume 6

XM Satellite Radio, Inc.

Written Rebuttal Statement, Volume 1
Written Rebuttal Statement, Volume 2
Amended Rebuttal Testimony of Mark J. Vendetti

Exhibits

Satellite Digital Audio Radio Services Exhibits
Sirius Satellite Radio, Inc.

Exhibits, Volume 1
Exhibits, Volume 2

SoundExchange, Inc.

Exhibits, Volume 1
Exhibits, Volume 2
Written Direct Testimony, A
Written Direct Testimony, B
Written Direct Testimony, Michael Pelcovits
Written Direct Testimony, Yoram (Jerry) Wind

XM Satellite Radio, Inc.

Exhibits, Volume 1
Exhibits, Volume 2

 

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