Notwithstanding paragraph (1) or (2), the amount of the royalty payment for each digital audio recording device
shall not be less than $1 nor more than the royalty maximum. The royalty maximum shall be $8 per device
, except that in the case of a physically integrated unit containing more than 1 digital audio recording device
, the royalty maximum for such unit shall be $12. During the 6th year after the effective date of this chapter, and not more than once each year thereafter, any interested copyright party
may petition the Copyright Royalty Judges
to increase the royalty maximum and, if more than 20 percent of the royalty payments are at the relevant royalty maximum, the Copyright Royalty Judges
shall prospectively increase such royalty maximum with the goal of having no more than 10 percent of such payments at the new royalty maximum; however the amount of any such increase as a percentage of the royalty maximum shall in no event exceed the percentage increase in the Consumer Price Index during the period under review.