(5)
Phone. Speech and other sound emissions having designators with A, C, D, F, G, H, J or R as the first symbol; 1, 2 or 3 as the
second symbol;
E as the third symbol. Also speech emissions having B as the first symbol; 7, 8 or 9 as the second symbol;
E as the
third symbol.
(4)
Music using a
phone emission except as specifically provided elsewhere in this section.
If you're transmitting audio over an allowed type of modulation
with the third designator E, that means it is
audio intended to be heard by humans in realtime. That means it is "phone." Which means music is not allowed over that transmission on Amateur Radio.
A file containing audio information transmitted over a data channel is not intended to be heard in real time so would not be considered to be phone.
ITU approved designators can be found here:
en.wikipedia.org