Webcasters Could Join IBS's Appeal of the New Royalty Rates

I heard back from Fritz Kass, chief operating officer of the Intercollegiate Broadcasting Network (IBS), about the appeal his organization filed today in an attempt to have the new royalty rates that could drive webcasters out of business overturned.

Other webcasters can IBS's appeal up until May 31, and IBS expects the RIAA/SoundExchange to join the appeal in opposition. The next day, the judge in the case will lay out a timeline for the appeal, which Kass says could run as long as a year -- well past July 15th, when webcasters are supposed to have to pay the new royalty fees.

From Kass's response,

"Yes, the review, or Appeal, has been accepted by the Court. A file number has been created, but I have chosen not to publish that number at this time, except to attorneys for the other parties entitled to join in the Appeal.

"The process now is the Court will select three Judges from the U.S Appeals Court pool, to hear the proceeding and a Chief Judge to rule on procedural motions, such as a request to stay, or stop, the CRB decision, or parts of it. This motion is commonly called a TRO, or Temporary Restraining Order.

"Other CRB parties may join IBS. Certainly IBS expects RIAA/SoundExchange to join in the Appeal in opposition.

"In most cases of this nature, IBS will be the lead party and'manage' the case before the Court. But the Court may also direct thata representative of the commercial webcasters be separately appointedto manage their case. As you know, IBS is a not-for-profit educationcorporation that represents 1,000 high school and college radiostation, some of which webcast.

"On May 31, 2007, the parties to the Appeal will be closed by theCourt. There can be no additional parties join after May 2007. Infact only the parties IBS listed and notified are even qualified toparticipate in the proceedings, in accordance with the law.

"On June 1, 2007, or soon after, the Chief Judge assigned will havea scheduling hearing and will lay out dates and times for the partiesto present their case, rebut each others cases (briefs), etc. Thisprocess can take several months, or over a year.

"In the meantime IBS and the parties will attempt to negotiate asettlement, and/or ask Congress to intervene with legislation, likeH.R. 2060.

"If you, or any of your readers, or associated LISTSERVs, if any,
wish to download complete copies of any of these documents they are allon the IBS Website"