; and (ii) spending by the eligible publisher on news journalists, which are employed for an average of not fewer than 20 hours per week during the calendar quarter by the eligible digital journalism provider and are responsible for gathering, preparing, directing the recording of, producing, collecting, photographing, recording, writing, editing, reporting, presenting, or publishing original news or information that concerns local, regional, national, or international matters of public interest in the previous fiscal year, as a proportion of its overall budget of the eligible digital journalism provider for that period, which shall be used to guide 65 percent of the distribution of remuneration among the members of the joint negotiation entity. (e) Award (1) In general Not later than 60 days after the date proceedings commence under subsection (d)(3)(A), the arbitration panel shall issue an award that selects a final offer from 1 of the parties without modification. (2) Requirements In issuing an award under paragraph (1), the arbitration panel— (A) may not consider any value conferred upon any eligible publisher by the covered platform for distributing or aggregating its content as an offset to the value created by such eligible publisher; (B) shall consider past incremental revenue contributions as a guide to the future incremental revenue contribution by any eligible publisher; (C) shall consider the pricing, terms, and conditions of any available, comparable commercial agreements between parties granting access to digital content, including pricing, terms, and conditions relating to price, duration, territory, the value of data generated directly or indirectly by the content accounting for any material disparities in negotiating power between the parties to such commercial agreements