with respect to which a controversy
exists, but shall have discretion to proceed to distribute any amounts
that are not in controversy.

(5) The Copyright Royalty Tribunal shall promulgate regulations under
which persons who can reasonably be expected to have claims may, during
the year in which performances take place, without expense to or
harassment of operators or proprietors of establishments in which
phonorecord players are located, have such access to such
establishments and to the phonorecord players located therein and such
opportunity to obtain information with respect thereto as may be
reasonably necessary to determine, by sampling procedures or otherwise,
the proportion of contribution of the musical works of each such person
to the earnings of the phonorecord players for which fees shall have
been deposited. Any person who alleges that he or she has been denied
the access permitted under the regulations prescribed by the Copyright
Royalty Tribunal may bring an action in the United States District
Court for the District of Columbia for the cancellation of the
compulsory license of the phonorecord player to which such access has
been denied, and the court shall have the power to declare the
compulsory license thereof invalid from the date of issue thereof.

(d) Criminal Penalties.--Any person who knowingly makes a false
representation of a material fact in an application filed under clause
(1)(A)of subsection (b), or who knowingly alters a certificate issued
under clause (1)(B) of subsection (b) or knowingly affixes such
certificate to a phonorecord player other than the one it covers, shall
be fined not more than $2,500.

(e) Definitions.--As used in this section, the following terms and
their variant forms mean the following:

(1) A "coin-operated phonorecord player" is a machine or device that--

(A) is employed solely for the performance of non-dramatic musical
works by means of phonorecords upon being activated by insertion of
coins, currency, tokens, or other monetary units or their equivalent;

(B) is located in an establishment making no direct or indirect charge
for admission;

(C) is accompanied by a list of titles of all the musical works
available for performance on it, which list is affixed to the
phonorecord player or posted in the establishment in a prominent
position where it can be readily examined by the public; and

(D) affords a choice of works available for performance and per