Video-on-demand shall mean a delivery of a single program or a specified group of programs for which:
(1) Each such individual program is generally uninterrupted by commercial advertising messages;
(2) Recipients are charged a separate fee for each such single program or specified group of programs; and
(3) A recipient is able, at his or her discretion, to select the time for commencement of exhibition of such individual program or specified group of programs. In the event a delivery qualifies as both video-on-demand and a pay television transmission, then for purposes of this subpart, such delivery shall be deemed video-on-demand.