roprietor's establishment is located.

(3) Such proceeding shall be held before the judge of the court with
jurisdiction over the consent decree governing the performing rights
society. At the discretion of the court, the proceeding shall be held
before a special master or magistrate judge appointed by such judge.
Should that consent decree provide for the appointment of an advisor or
advisors to the court for any purpose, any such advisor shall be the
special master so named by the court.

(4) In any such proceeding, the industry rate shall be presumed to have
been reasonable at the time it was agreed to or determined by the court.
Such presumption shall in no way affect a determination of whether the
rate is being correctly applied to the individual proprietor.

(5) Pending the completion of such proceeding, the individual proprietor
shall have the right to perform publicly the copyrighted musical
compositions in the repertoire of the performing rights society by
paying an interim license rate or fee into an interest bearing escrow
account with the clerk of the court, subject to retroactive adjustment
when a final rate or fee has been determined, in an amount equal to the
industry rate, or, in the absence of an industry rate, the amount of the
most recent license rate or fee agreed to by the parties.

(6) Any decision rendered in such proceeding by a special master or
magistrate judge named under paragraph (3) shall be reviewed by the
judge of the court with jurisdiction over the consent decree governing
the performing rights society. Such proceeding, including such review,
shall be concluded within 6 months after its commencement.

(7) Any such final determination shall be binding only as to the
individual proprietor commencing the proceeding, and shall not be
applicable to any other proprietor or any other performing rights
society, and the performing rights society shall be relieved of any
obligation of nondiscrimination among similarly situated music users
that may be imposed by the consent decree governing its operations.

(8) An individual proprietor may not bring more than one proceeding
provided for in this section for the determination of a reasonable
license rate or fee under any license agreement with respect to any one
performing rights society.

(9) For purposes of this section, the term "industry rate" means the
license fee a performing rights society has agreed to with, or which has
been determin