f the enactment of such
Act and ending on December 31, 2000, or such other date as the parties
may agree. Such rates and terms shall distinguish among the different
types of eligible nonsubscription transmission services and new
subscription services then in operation and shall include a minimum fee
for each such type of service. Any copyright owners of sound recordings
or any entities performing sound recordings affected by this paragraph
may submit to the Librarian of Congress licenses covering such eligible
nonsubscription transmissions and new subscription services with respect
to such sound recordings. The parties to each negotiation proceeding
shall bear their own costs.

(B) In the absence of license agreements negotiated under subparagraph
(A), during the 60-day period commencing 6 months after publication of
the notice specified in subparagraph (A), and upon the filing of a
petition in accordance with section 803(a)(1), the Librarian of Congress
shall, pursuant to chapter 8, convene a copyright arbitration royalty
panel to determine and publish in the Federal Register a schedule of
rates and terms which, subject to paragraph (3), shall be binding on all
copyright owners of sound recordings and entities performing sound
recordings affected by this paragraph during the period beginning on the
date of the enactment of the Digital Millennium Copyright Act and ending
on December 31, 2000, or such other date as the parties may agree. Such
rates and terms shall distinguish among the different types of eligible
nonsubscription transmission services then in operation and shall
include a minimum fee for each such type of service, such differences to
be based on criteria including, but not limited to, the quantity and
nature of the use of sound recordings and the degree to which use of the
service may substitute for or may promote the purchase of phonorecords
by consumers. In establishing rates and terms for transmissions by
eligible nonsubscription services and new subscription services, the
copyright arbitration royalty panel shall establish rates and terms that
most clearly represent the rates and terms that would have been
negotiated in the marketplace between a willing buyer and a willing
seller. In determining such rates and terms, the copyright arbitration
royalty panel shall base its decision on economic, competitive and
programming information presented by the parties, including-

(i) whether use of the service