agraphs (2), (3), (5), (6), (7) and (8) as
(3), (5), (9), (12), (13) and (14), respectively; by amending paragraphs
(4) and (9) in their entirety and resdesignating them as paragraphs (7)
and (15), respectively; and by adding new definitions, including,
paragraph (2) defining "archived program," paragraph (4) defining
"continuous program," paragraph (6) defining "eligible nonsubscription
transmission," paragraph (8) defining "new subscription service,"
paragraph (10) defining "preexisting satellite digital audio radio
service" and paragraph (11) defining "preexisting subscription service."
Pub. L. No. 105-304, 112 Stat. 2860, 2897.

47 The Digital Millennium Copyright Act states that "the publication of
notice of proceedings under section 114(f)(1) . . . as in effect upon
the effective date of [the Digital Performance Right in Sound Recordings
Act of 1995, Pub. L. No. 104-39, 109 Stat. 336], for the determination
of royalty payments shall be deemed to have been made for the period
beginning on the effective date of that Act and ending on December 1,
2001." Pub. L. No. 105-304, 112 Stat. 2860, 2899.

48 The Digital Millennium Copyright Act contains an additional
effective date provision for the amendment that changed the date in
subsection 114(f)(1)(A) to December 31, 2001. This provision is
paragraph 405(a)(5) of the Digital Millennium Copyright Act which is in
Appendix V of this publication.

49 The Record Rental Amendment of 1984 amended section 115 by
redesignating paragraphs (3) and (4) of subsection (c) as paragraphs (4)
and (5), respectively, and by adding a new paragraph (3). Pub. L. No.
98-450, 98 Stat. 1727.

In 1997, section 115 was amended by striking "and publish in the Federal
Register" in subparagraph 115(c)(3)(D). Pub. L. No. 105-80, 111 Stat.
1529, 1531. The same legislation also amended section 115(c)(3)(E) by
replacing the phrases "sections 106(1) and (3)" and "sections 106(1) and
106(3)" with "paragraphs (1) and (3) of section 106." Pub. L. No.
105-80, 111 Stat. 1529, 1534.

The Digital Performance Right in Sound Recordings Act of 1995 amended
section 115 as follows: 1) in the first sentence of subsection (a)(1),
by striking "any other person" and inserting in lieu thereof "any other
person, including those who make phonorecords or digital phonorecord
deliveries,"; 2) in the second sentence of the same subsection, by
inserting before the period "including by means of a digital phonorecord
del