s not limit or impair the exclusive right to perform
publicly, by means of a phonorecord, any of the works specified by
section 106(4).

(d) Limitations on Exclusive Right. Notwithstanding the provisions of
section 106(6)-

(1) Exempt transmissions and retransmissions. The performance of a sound
recording publicly by means of a digital audio transmission, other than
as a part of an interactive service, is not an infringement of section
106(6) if the performance is part of-

(A) a nonsubscription broadcast transmission;

(B) a retransmission of a nonsubscription broadcast transmission:
*Provided*, That, in the case of a retransmission of a radio station's
broadcast transmission-

(i) the radio station's broadcast transmission is not willfully or
repeatedly retransmitted more than a radius of 150 miles from the site
of the radio broadcast transmitter, however-

(I) the 150 mile limitation under this clause shall not apply when a
nonsubscription broadcast transmission by a radio station licensed by
the Federal Communications Commission is retransmitted on a non-
subscription basis by a terrestrial broadcast station, terrestrial
translator, or terrestrial repeater licensed by the Federal
Communications Commission; and

(II) in the case of a subscription retransmission of a non-subscription
broadcast retransmission covered by subclause (I), the 150 mile radius
shall be measured from the transmitter site of such broadcast
retransmitter;

(ii) the retransmission is of radio station broadcast transmissions that
are

(I) obtained by the retransmitter over the air;

(II) not electronically processed by the retransmitter to deliver
separate and discrete signals; and

(III) retransmitted only within the local communities served by the
retransmitter;

(iii) the radio station's broadcast transmission was being retransmitted
to cable systems (as defined in section 111(f)) by a satellite carrier
on January 1, 1995, and that retransmission was being retransmitted by
cable systems as a separate and discrete signal, and the satellite
carrier obtains the radio station's broadcast transmission in an analog
format: *Provided*, That the broadcast transmission being retransmitted
may embody the programming of no more than one radio station; or

(iv) the radio station's broadcast transmission is made by a
noncommercial educational broadcast station funded on or after January
1, 1995, under section 396(k) of the Communicatio