Subscription-on-demand shall mean the delivery of a single program or a specified group of programs for which:
(1) A subscriber is able, at his or her discretion, to select the time for commencement of exhibition thereof,
(2) Where each such single program is generally uninterrupted by commercial advertising messages; and
(3) For which program or specified group of programs subscribing viewers are charged a periodic subscription fee for the reception of programming delivered by such service during the specified viewing period covered by the fee. In the event a given delivery of a program qualifies both as a pay television transmission and subscription-on-demand, then for purposes of this subpart, such delivery shall be deemed subscription-on-demand rather than a pay television transmission.