; and (II) the relative roles of the copyright owner and the transmitting entity in the copyrighted work and the service made available to the public with respect to relative creative contribution, technological contribution, capital investment, cost, and risk; and (ii) may consider the rates and terms for comparable types of audio transmission services and comparable circumstances under voluntary license agreements. (C) The procedures under subparagraphs (A) and (B) shall also be initiated pursuant to a petition filed by any copyright owner of sound recordings or any transmitting entity indicating that a new type of service on which sound recordings are performed is or is about to become operational, for the purpose of determining reasonable terms and rates of royalty payments with respect to such new type of 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 eligible nonsubscription services and new subscription services, or preexisting services, as the case may be, most recently determined under subparagraph (A) or (B) and chapter 8 expire, or such other period as the parties may agree. ; and (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (b) Technical and conforming amendments (1) Section 114 Section 114(f) of title 17, United States Code, as amended by subsection (a), is further amended in paragraph (4)(C), as so redesignated, by striking under paragraph (4) and inserting under paragraph (3) . (2) Section 801 Section 801(b)(1) of title 17, United States Code, is amended by striking 114(f)(1)(B), 115, and inserting 115 . (3) Section 804 Section 804(b)(3)(C) of title 17, United States Code, is amended— (A) in clause (i), by striking and 114(f)(2)(C) ; (B) in clause (iii)(II), by striking 114(f)(4)(B)(ii) and inserting 114(f)(3)(B)(ii)