; and (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (b) Repeal Subsection (i) of section 114 of title 17, United States Code, is repealed. (c) Use in musical work proceedings (1) In general License fees payable for the public performance of sound recordings under section 106(6) of title 17, United States Code, shall not be taken into account in any administrative, judicial, or other governmental proceeding to set or adjust the royalties payable to musical work copyright owners for the public performance of their works except in such a proceeding to set or adjust royalties for the public performance of musical works by means of a digital audio transmission other than a transmission by a broadcaster, and may be taken into account only with respect to such digital audio transmission. (2) Definitions In this subsection: (A) Transmission by a broadcaster A transmission by a broadcaster means a nonsubscription digital transmission made by a terrestrial broadcast station on its own behalf, or on the behalf of a terrestrial broadcast station under common ownership or control, that is not part of an interactive service or a music-intensive service comprising the transmission of sound recordings customized for or customizable by recipients or service users. (B) Terrestrial broadcast station A terrestrial broadcast station means a terrestrial, over-the-air radio or television broadcast station, licensed as such by the Federal Communications Commission, including an FM Translator as defined in section 74.1231 of title 47, Code of Federal Regulations, and whose primary business activities are comprised of, and revenues are generated through, terrestrial, over-the-air broadcast transmissions, or the simultaneous or substantially-simultaneous digital retransmission by the terrestrial, over-the-air broadcast station of its over-the-air broadcast transmissions. (d) Rule of construction Subsection (c)(2) shall not be given effect in interpreting provisions of title 17, United