ticular sound recordings be performed for reception by the public at
large, or in the case of a subscription service, by all subscribers of
the service, does not make a service interactive, if the programming on
each channel of the service does not substantially consist of sound
recordings that are performed within 1 hour of the request or at a time
designated by either the transmitting entity or the individual making
such request. If an entity offers both interactive and noninteractive
services (either concurrently or at different times), the noninteractive
component shall not be treated as part of an interactive service.

(8) A "new subscription service" is a service that performs sound
recordings by means of noninteractive subscription digital audio
transmissions and that is not a preexisting subscription service or a
preexisting satellite digital audio radio service.

(9) A "nonsubscription" transmission is any transmission that is not a
subscription transmission.

(10) A "preexisting satellite digital audio radio service" is a
subscription satellite digital audio radio service provided pursuant to
a satellite digital audio radio service license issued by the Federal
Communications Commission on or before July 31, 1998, and any renewal of
such license to the extent of the scope of the original license, and may
include a limited number of sample channels representative of the
subscription service that are made available on a nonsubscription basis
in order to promote the subscription service.

(11) A "preexisting subscription service" is a service that performs
sound recordings by means of noninteractive audio-only subscription
digital audio transmissions, which was in existence and was making such
transmissions to the public for a fee on or before July 31, 1998, and
may include a limited number of sample channels representative of the
subscription service that are made available on a nonsubscription basis
in order to promote the subscription service.

(12) A "retransmission" is a further transmission of an initial
transmission, and includes any further retransmission of the same
transmission. Except as provided in this section, a transmission
qualifies as a "retransmission" only if it is simultaneous with the
initial transmission. Nothing in this definition shall be construed to
exempt a transmission that fails to satisfy a separate element required
to qualify for an exemption under section 114(d)(1).

(13) The