ity of subsections (a) through (d) on-

(1) a service provider monitoring its service or affirmatively seeking
facts indicating infringing activity, except to the extent consistent
with a standard technical measure complying with the provisions of
subsection (i); or

(2) a service provider gaining access to, removing, or disabling access
to material in cases in which such conduct is prohibited by law.

(n) Construction. Subsections (a), (b), (c), and (d) describe separate
and distinct functions for purposes of applying this section. Whether a
service provider qualifies for the limitation on liability in any one of
those subsections shall be based solely on the criteria in that
subsection, and shall not affect a determination of whether that service
provider qualifies for the limitations on liability under any other such
subsection.

Section 513. Determination of reasonable license fees for individual
proprietors [10]

In the case of any performing rights society subject to a consent decree
which provides for the determination of reasonable license rates or fees
to be charged by the performing rights society, notwithstanding the
provisions of that consent decree, an individual proprietor who owns or
operates fewer than 7 non-publicly traded establishments in which
nondramatic musical works are performed publicly and who claims that any
license agreement offered by that performing rights society is
unreasonable in its license rate or fee as to that individual
proprietor, shall be entitled to determination of a reasonable license
rate or fee as follows:

(1) The individual proprietor may commence such proceeding for
determination of a reasonable license rate or fee by filing an
application in the applicable district court under paragraph (2) that a
rate disagreement exists and by serving a copy of the application on the
performing rights society. Such proceeding shall commence in the
applicable district court within 90 days after the service of such copy,
except that such 90-day requirement shall be subject to the
administrative requirements of the court.

(2) The proceeding under paragraph (1) shall be held, at the individual
proprietor's election, in the judicial district of the district court
with jurisdiction over the applicable consent decree or in that place of
holding court of a district court that is the seat of the Federal
circuit (other than the Court of Appeals for the Federal Circuit) in
which the p