118 STAT. 2363 PUBLIC LAW 108–419—NOV. 30, 2004 the 5 year period specified in subparagraph (A), a transitional period provided under section 6(b)(3) of the Copyright Royalty and Distribution Reform Act of 2004, or such other period as the parties may agree.’’; (ii) in the second sentence, by striking ‘‘copyright arbitration royalty panel’’ and inserting ‘‘Copyright Royalty Judges’’; and (iii) in the second sentence, by striking ‘‘negotiated as provided’’ and inserting ‘‘described’’; and (C) by amending subparagraph (C) to read as follows: ‘‘(C) The procedures under subparagraphs (A) and (B) also shall be initiated pursuant to a petition filed by any copyright owners of sound recordings, any preexisting subscription serv ices, or any preexisting satellite digital audio radio services indicating that a new type of subscription digital audio trans mission service on which sound recordings are performed is or is about to become operational, for the purpose of deter mining reasonable terms and rates of royalty payments with respect to such new type of transmission service for the period beginning with the inception of such new type of service and ending on the date on which the royalty rates and terms for subscription digital audio transmission services most recently determined under subparagraph (A) or (B) and chapter 8 expire, or such other period as the parties may agree.’’; (2) in paragraph (2)— (A) in subparagraph (A)— (i) by amending the first paragraph to read as follows: ‘‘Proceedings under chapter 8 shall determine reasonable rates and terms of royalty payments for subscription transmissions by eligible nonsubscription transmission services and transmissions by new subscription services specified by subsection (d)(2) during the 5 year period beginning on January 1 of the second year following the year in which the pro ceedings are to be commenced, except where a different transitional period is provided under section 6(b)(3) of the Copyright Royalty and Distribution Reform Act of 2004, or such other period as the parties may agree.’’; (ii) in the third sentence, by striking ‘‘Librarian of Congress’’ and inserting ‘‘Copyright Royalty Judges’’; and (iii) in the fourth sentence, by striking ‘‘negotia tion’’; (B) in subparagraph (B)— (i) by amending the first sentence to read as fol lows: ‘‘The schedule of reasonable rates and terms determined by the Copyright Royalty Judges shall, subject to paragraph (3), be binding on all copyright owners of sound recordings and entities performing sound recordings affected by this paragraph during the 5 year period specified in subparagraph (A), a transitional period provided under section 6(b)(3) of the Copyright Royalty and Distribution Act of 2004, or such other period as the parties may agree.’’; (ii) by striking ‘‘copyright arbitration royalty panel’’ each subsequent place it appears and inserting ‘‘Copy right Royalty Judges’’; and
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