[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3101 Reported in House (RH)]
Union Calendar No. 323
111th CONGRESS
2d Session
H. R. 3101
[Report No. 111-563]
To ensure that individuals with disabilities have access to emerging
Internet Protocol-based communication and video programming
technologies in the 21st century.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2009
Mr. Markey of Massachusetts introduced the following bill; which was
referred to the Committee on Energy and Commerce
July 26, 2010
Additional sponsors: Ms. Linda T. Sanchez of California, Ms. Lee of
California, Mr. Stark, Mr. Israel, Mr. Ryan of Ohio, Mr. Van Hollen,
Mr. Lewis of Georgia, Mr. Towns, Mr. Kanjorski, Mr. Hinchey, Mr.
Grijalva, Mr. Honda, Mr. Moran of Virginia, Mr. Carson of Indiana, Ms.
Norton, Mrs. Napolitano, Mr. Blumenauer, Ms. Pingree of Maine, Ms.
Bordallo, Mr. Rothman of New Jersey, Mr. Peterson, Ms. McCollum, Mr.
Cleaver, Mr. Capuano, Mr. McGovern, Mr. Filner, Mr. Frank of
Massachusetts, Mr. Doggett, Mrs. Maloney, Mr. Payne, Ms. Slaughter, Mr.
Berman, Mr. Chandler, Mr. Davis of Tennessee, Mr. Moore of Kansas, Mr.
Neal of Massachusetts, Mr. Olver, Mr. Tierney, Ms. Kilroy, Ms.
Schakowsky, Mr. Hastings of Florida, Mr. Engel, Mr. Schiff, Mr. Maffei,
Ms. Ros-Lehtinen, Mr. Griffith, Mr. Pallone, Mr. Connolly of Virginia,
Mrs. Lowey, Ms. Eshoo, Ms. Matsui, Ms. Clarke, and Mr. Clay
July 26, 2010
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
26, 2009]
_______________________________________________________________________
A BILL
To ensure that individuals with disabilities have access to emerging
Internet Protocol-based communication and video programming
technologies in the 21st century.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Twenty-First
Century Communications and Video Accessibility Act of 2010''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Limitation on liability.
Sec. 3. Proprietary technology.
TITLE I--COMMUNICATIONS ACCESS
Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to internet-based services and equipment.
Sec. 105. Emergency Access Advisory Committee.
Sec. 106. Relay services for deaf-blind individuals.
TITLE II--VIDEO PROGRAMMING
Sec. 201. Video Programming and Emergency Access Advisory Committee.
Sec. 202. Video description and closed captioning.
Sec. 203. Closed captioning decoder and video description capability.
Sec. 204. User interfaces on digital apparatus.
Sec. 205. Access to video programming guides and menus provided on
navigation devices.
Sec. 206. Definitions.
SEC. 2. LIMITATION ON LIABILITY.
(a) In General.--Except as provided in subsection (b), no person
shall be liable for a violation of the requirements of this Act (or of
the provisions of the Communications Act of 1934 that are amended or
added by this Act) with respect to video programming, online content,
applications, services, advanced communications services, or equipment
used to provide or access advanced communications services to the
extent such person--
(1) transmits, routes, or stores in intermediate or
transient storage the communications made available through the
provision of advanced communications services by a third party;
or
(2) provides an information location tool, such as a
directory, index, reference, pointer, menu, guide, user
interface, or hypertext link, through which an end user obtains
access to such video programming, online content, applications,
services, advanced communications services, or equipment used
to provide or access advanced communications services.
(b) Exception.--The limitation on liability under subsection (a)
shall not apply to any person to the extent such person relies on third
party applications, services, software, hardware, or equipment to
comply with the requirements of this Act (or of the provisions of the
Communications Act of 1934 that are amended or added by this Act).
SEC. 3. PROPRIETARY TECHNOLOGY.
No action taken by the Commission to implement the requirements of
this Act or the amendments made by this Act shall mandate the use or
incorporation of proprietary technology.
TITLE I--COMMUNICATIONS ACCESS
SEC. 101. DEFINITIONS.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(1) by adding at the end the following new paragraphs:
``(53) Advanced communications services.--The term
`advanced communications services' means--
``(A) interconnected VoIP service;
``(B) non-interconnected VoIP service;
``(C) electronic messaging service; and
``(D) video conferencing service.
``(54) Consumer generated media.--The term `consumer
generated media' means content created and made available by
consumers to web sites, including video, audio, and multimedia
content.
``(55) Disability.--The term `disability' has the meaning
given such term under section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
``(56) Electronic messaging service.--The term `electronic
messaging service' means a service that provides non-voice
messages in text form between individuals over communications
networks.
``(57) Interconnected voip service.--The term
`interconnected VoIP service' has the meaning given such term
under section 9.3 of title 47, Code of Federal Regulations, as
such section may be amended from time to time.
``(58) Non-interconnected voip service.--The term `non-
interconnected VoIP service'--
``(A) means a service that--
``(i) enables real-time voice
communications that originate from or terminate
to the user's location using Internet protocol
or any successor protocol; and
``(ii) requires Internet protocol
compatible customer premises equipment; and
``(B) does not include any service that is an
interconnected VoIP service.
``(59) Video conferencing service.--The term `video
conferencing service' means a service that provides real-time
video communications, including audio, to enable users to share
information of the user's choosing.''; and
(2) by reordering paragraphs (1) through (52) and the
paragraphs added by paragraph (1) of this section in
alphabetical order based on the headings of such paragraphs and
renumbering such paragraphs as so reordered.
SEC. 102. HEARING AID COMPATIBILITY.
(a) Compatibility Requirements.--
(1) Telephone service for the disabled.--Section 710(b)(1)
of the Communications Act of 1934 (47 U.S.C. 610(b)(1)) is
amended to read as follows:
``(b)(1) Except as provided in paragraphs (2) and (3) and
subsection (c), the Commission shall require that customer premises
equipment described in this paragraph provide internal means for
effective use with hearing aids that are designed to be compatible with
telephones which meet established technical standards for hearing aid
compatibility. Customer premises equipment described in this paragraph
are the following:
``(A) All essential telephones.
``(B) All telephones manufactured in the United States
(other than for export) more than one year after the date of
enactment of the Hearing Aid Compatibility Act of 1988 or
imported for use in the United States more than one year after
such date.
``(C) All customer premises equipment used with advanced
communications services that is designed to provide 2-way voice
communications via a built-in speaker intended to be held to
the ear in a manner functionally equivalent to a telephone,
subject to the regulations prescribed by the Commission under
subsection (e).''.
(2) Additional amendments.--Section 710(b) of the
Communications Act of 1934 (47 U.S.C. 610(b)) is further
amended--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i)--
(aa) by striking
``initial'';
(bb) by striking ``of this
subsection after the date of
enactment of the Hearing Aid
Compatibility Act of 1988'';
and
(cc) by striking
``paragraph (1)(B) of this
subsection'' and inserting
``subparagraphs (B) and (C) of
paragraph (1)'';
(II) by inserting ``and'' at the
end of clause (ii);
(III) by striking clause (iii); and
(IV) by redesignating clause (iv)
as clause (iii);
(ii) by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph
(B); and
(iii) in subparagraph (B) (as so
redesignated)--
(I) by striking the first sentence
and inserting ``The Commission shall
periodically assess the appropriateness
of continuing in effect the exemptions
for telephones and other customer
premises equipment described in
subparagraph (A) of this paragraph.'';
and
(II) in each of clauses (iii) and
(iv), by striking ``paragraph (1)(B)''
and inserting ``subparagraph (B) or (C)
of paragraph (1)'';
(B) in paragraph (4)(B)--
(i) by striking ``public mobile'' and
inserting ``telephones used with public
mobile'';
(ii) by inserting ``telephones and other
customer premises equipment used in whole or in
part with'' after ``means'';
(iii) by striking ``and'' after ``public
land mobile telephone service,'' and inserting
``or'';
(iv) by striking ``part 22 of''; and
(v) by inserting after ``Regulations'' the
following: ``, or any functionally equivalent
unlicensed wireless services''; and
(C) in paragraph (4)(C)--
(i) by striking ``term `private radio
services''' and inserting ``term `telephones
used with private radio services'''; and
(ii) by inserting ``telephones and other
customer premises equipment used in whole or in
part with'' after ``means''.
(b) Technical Standards.--Section 710(c) of the Communications Act
of 1934 (47 U.S.C. 610(c)) is amended by adding at the end the
following: ``A telephone or other customer premises equipment that is
compliant with relevant technical standards developed through a public
participation process and in consultation with interested consumer
stakeholders (designated by the Commission for the purposes of this
section) will be considered hearing aid compatible for purposes of this
section, until such time as the Commission may determine otherwise. The
Commission shall consult with the public, including people with hearing
loss, in establishing or approving such technical standards. The
Commission may delegate this authority to an employee pursuant to
section 5(c). The Commission shall remain the final arbiter as to
whether the standards meet the requirements of this section.''.
(c) Rulemaking.--Section 710(e) of the Communications Act of 1934
(47 U.S.C. 610(e)) is amended--
(1) by striking ``impairments'' and inserting ``loss''; and
(2) by adding at the end the following sentence: ``In
implementing the provisions of subsection (b)(1)(C), the
Commission shall use appropriate timetables or benchmarks to
the extent necessary (1) due to technical feasibility, or (2)
to ensure the marketability or availability of new technologies
to users.''.
(d) Rule of Construction.--Section 710(h) of the Communications Act
of 1934 (47 U.S.C. 610(h)) is amended to read as follows:
``(h) Rule of Construction.--Nothing in the Twenty-First Century
Communications and Video Accessibility Act of 2010 shall be construed
to modify the Commission's regulations set forth in section 20.19 of
title 47 of the Code of Federal Regulations, as in effect on the date
of enactment of such Act.''.
SEC. 103. RELAY SERVICES.
(a) Definition.--Paragraph (3) of section 225(a) of the
Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended to read as
follows:
``(3) Telecommunications relay services.--The term
`telecommunications relay services' means telephone
transmission services that provide the ability for an
individual who is deaf, hard of hearing, deaf-blind, or who has
a speech disability to engage in communication by wire or radio
with one or more individuals, in a manner that is functionally
equivalent to the ability of a hearing individual who does not
have a speech disability to communicate using voice
communication services by wire or radio.''.
(b) Internet Protocol-based Relay Services.--Title VII of such Act
(47 U.S.C. 601 et seq.) is amended by adding at the end the following
new section:
``SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES.
``Within one year after the date of enactment of the Twenty-First
Century Communications and Video Accessibility Act of 2010, each
interconnected VoIP service provider and each provider of non-
interconnected VoIP service shall participate in and contribute to the
Telecommunications Relay Services Fund established in section
64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in
effect on the date of enactment of such Act, in a manner prescribed by
the Commission by regulation to provide for obligations of such
providers that are consistent with and comparable to the obligations of
other contributors to such Fund.''.
(c) Telecommunications Relay Services Policy Advisory Council.--
Section 225 of the Communications Act of 1934 (47 U.S.C. 225) is
amended by adding at the end the following new subsection:
``(h) Telecommunications Relay Services Policy Advisory Council.--
``(1) In general.--Not later than 6 months after the date
of enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Chairman of the Commission
shall establish an advisory committee to be known as the
Telecommunications Relay Services Policy Advisory Council (in
this section referred to as the `Policy Advisory Council') and
shall require the Policy Advisory Council--
``(A) to conduct their meetings in a manner that is
open to the public;
``(B) to make a complete and comprehensive record
of such proceedings publicly available;
``(C) to establish safeguards to identify and
mitigate conflicts of interest with respect to members
of the Policy Advisory Council; and
``(D) to advise the Commission in the development
or proposal of any major changes or new rules relating
to telecommunications relay services;
``(2) Membership.--As soon as practicable after the date of
enactment of the Twenty-First Century Communications and Video
Accessibility Act of 2010, the Chairman of the Commission shall
appoint the members of the Policy Advisory Council, ensuring a
balance between potential consumers and other stakeholders.
Members of the Policy Advisory Council shall be selected from
each of the following groups:
``(A) Individuals who are consumers of
telecommunications relay services.
``(B) Representatives of State commissions with
jurisdiction over intrastate telecommunications relay
services.
``(C) Representatives of providers of
telecommunications relay services.
``(3) Collection and dissemination of information and
advice.--The Commission--
``(A) shall seek the advice of the Policy Advisory
Council in assisting the Commission in developing or
proposing any major changes or issuing any new rules
relating to telecommunications relay services; and
``(B) shall, with the advice of the Policy Advisory
Council, make all regulations, rules, and orders
relating to telecommunications relay services fully and
easily accessible to consumers of such services.''.
(d) Followup Proceeding.--Section 225 of the Communications Act of
1934 (47 U.S.C. 225), as amended by subsection (c), is further amended
by adding after subsection (h) the following new subsection:
``(i) Followup Proceeding.--
``(1) In general.--Not later than 30 months after the date
of enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Commission, in
consultation with all relevant Federal agencies, shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report--
``(A) concerning how the Commission is ensuring
that telecommunications relay service customers have
access to improved technologies, interoperability, and
functionalities; and
``(B) identifying impediments to the broad and
efficient use of telecommunications relay services in
the workplace.
``(2) Suggestions for workplace adoption.--The Commission
shall develop suggestions to facilitate broader and more
efficient use of telecommunications relay services in the
workplace, including suggestions for facilitating the
replacement of outdated end-user telecommunications relay
services equipment in public places and government offices.''.
SEC. 104. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.
(a) Title VII Amendment.--Title VII of the Communications Act of
1934 (47 U.S.C. 601 et seq.), as amended by section 103, is further
amended by adding at the end the following new sections:
``SEC. 716. ACCESS TO INTERNET-BASED EQUIPMENT AND SERVICES.
``(a) Access to Equipment.--
``(1) Right to accessible equipment.--With respect to
equipment manufactured after the effective date of the
regulations established pursuant to this section, and subject
to those regulations, a manufacturer of equipment used for
advanced communications, including end user equipment, network
equipment, and software, shall ensure that such equipment that
such manufacturer offers for sale or otherwise distributes in
interstate commerce shall be accessible to and usable by
individuals with disabilities, unless doing so is not
achievable.
``(2) Industry flexibility.--A manufacturer of equipment
may satisfy the requirements of paragraph (1) with respect to
such equipment by--
``(A) ensuring that the equipment that such
manufacturer offers is accessible to and usable by
individuals with disabilities without the use of third
party applications, peripheral devices, software,
hardware, or customer premises equipment; or
``(B) if such manufacturer chooses, using third
party applications, peripheral devices, software,
hardware, or customer premises equipment that is
available to the consumer at nominal cost and that
individuals with disabilities can access.
``(b) Access to Services.--
``(1) Right to accessible services.--With respect to
advanced communications services offered after the effective
date of the regulations established pursuant to this section,
and subject to those regulations, a provider of services used
for advanced communications shall ensure that such services
that such provider offers for sale or otherwise distributes in
interstate commerce shall be accessible to and usable by
individuals with disabilities, unless doing so is not
achievable.
``(2) Industry flexibility.--A provider of services may
satisfy the requirements of paragraph (1) with respect to such
services by--
``(A) ensuring that the services that such provider
offers are accessible to and usable by individuals with
disabilities without the use of third party
applications, peripheral devices, software, hardware,
or customer premises equipment; or
``(B) if such provider chooses, using third party
applications, peripheral devices, software, hardware,
or customer premises equipment that is available to the
consumer at nominal cost and that individuals with
disabilities can access.
``(c) Compatibility.--Whenever the requirements of subsection (a)
are not achievable for a manufacturer, or the requirements of
subsection (b) are not achievable for a provider, a manufacturer or
provider shall ensure that its equipment or service is compatible with
peripheral devices or specialized customer premises equipment commonly
used by individuals with disabilities to achieve access, unless the
requirement of this subsection is not achievable.
``(d) Network Features, Functions, and Capabilities.--Each provider
of advanced communications services has the duty not to install network
features, functions, or capabilities that impede accessibility or
usability of advanced communications services.
``(e) Regulations.--
``(1) In general.--Within one year after the date of
enactment of the Twenty-First Century Communications and Video
Accessibility Act of 2010, the Commission shall promulgate such
regulations as are necessary to implement this section. In
prescribing the regulations, the Commission shall--
``(A) include performance objectives to ensure the
accessibility, usability, and compatibility of advanced
communications services and the equipment used for
advanced communications services by individuals with
disabilities;
``(B) provide that advanced communications
services, the equipment used for advanced
communications services, and networks used to provide
advanced communications services may not impair or
impede the accessibility of information content when
accessibility has been incorporated into that content
for transmission through advanced communications
services, equipment used for advanced communications
services, or networks used to provide advanced
communications services; and
``(C) determine the obligations under this section
of manufacturers, service providers, and providers of
applications.
``(2) Prospective guidelines.--The Commission shall issue
prospective guidelines for a manufacturer or provider regarding
the requirements of this section.
``(f) Services and Equipment Subject to Section 255.--The
requirements of this section shall not apply to any equipment or
services, including interconnected VoIP service, that are subject to
the requirements of section 255 on the day before the date of enactment
of the Twenty-First Century Communications and Video Accessibility Act
of 2010. Such services and equipment shall remain subject to the
requirements of section 255.
``(g) Achievable Defined.--For purposes of this section and section
717, the term `achievable' means with reasonable effort or expense, as
determined by the Commission. In determining whether the requirements
of a provision are achievable, the Commission shall consider the
following factors:
``(1) The nature and cost of the steps needed to meet the
requirements of this section with respect to the specific
equipment or service in question.
``(2) The impact on the operations of the manufacturer or
provider and on the operation of the specific equipment or
service in question, including on the development and
deployment of new communications technologies.
``(3) The financial resources of the manufacturer or
provider.
``(4) The type of operations of the manufacturer or
provider.
``(5) The extent to which the service provider or
manufacturer in question offers accessible services or
equipment containing varying degrees of functionality and
features, and offered at differing price points.
``(h) Commission Flexibility.--
``(1) Waiver.--The Commission shall have the authority, on
its own motion or in response to a petition by a manufacturer
or provider, to waive the requirements of this section for any
feature or function of equipment used to provide or access
advanced communications services, or for any class of such
equipment, that--
``(A) is capable of accessing an advanced
communications service; and
``(B) is designed for multiple purposes, but is
designed primarily for purposes other than using
advanced communications services.
``(2) Small entity exemption.--The Commission may exempt
small entities from the requirements of this section.
``(i) Customized Equipment or Services.--The provisions of this
section shall not apply to customized equipment or services that are
not offered directly to the public, or to such classes of users as to
be effectively available directly to the public, regardless of the
facilities used.
``(j) Rule of Construction.--This section shall not be construed to
require a manufacturer of equipment used for advanced communications or
a provider of advanced communications services to make every feature
and function of every device or service accessible for every
disability.
``SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGATIONS.
``(a) Complaint and Enforcement Procedures.--Within one year after
the date of enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Commission shall establish
regulations that facilitate the filing of formal and informal
complaints that allege a violation of section 255 or 716, establish
procedures for enforcement actions by the Commission with respect to
such violations, and implement the recordkeeping obligations of
paragraph (5) for manufacturers and providers subject to such sections.
Such regulations shall include the following provisions:
``(1) No fee.--The Commission shall not charge any fee to
an individual who files a complaint alleging a violation of
section 255 or 716.
``(2) Receipt of complaints.--The Commission shall
establish separate and identifiable electronic, telephonic, and
physical receptacles for the receipt of complaints filed under
section 255 or 716.
``(3) Complaints to the commission.--
``(A) In general.--Any person alleging a violation
of section 255 or 716 by a manufacturer of equipment or
provider of service subject to such sections may file a
formal or informal complaint with the Commission.
``(B) Investigation of informal complaint.--The
Commission shall investigate the allegations in an
informal complaint and, within 180 days after the date
on which such complaint was filed with the Commission,
issue an order concluding the investigation, unless
such complaint is resolved before such time. The order
shall include a determination whether any violation
occurred.
``(i) Violation.--If the Commission
determines that a violation has occurred, the
Commission may, in the order issued under this
subparagraph or in a subsequent order, require
the manufacturer or service provider to take
such action as is necessary to comply with the
requirements of this section.
``(ii) No violation.--If a determination is
made that a violation has not occurred, the
Commission shall provide the basis for such
determination.
``(C) Consolidation of complaints.--The Commission
may consolidate for investigation and resolution
complaints alleging substantially the same violation.
``(4) Opportunity to respond.--Before the Commission makes
a determination pursuant to paragraph (3), the party that is
the subject of the complaint shall have a reasonable
opportunity to respond to such complaint, and may include in
such response any factors that are relevant to such
determination.
``(5) Recordkeeping.--
``(A) In general.--Beginning one year after the
effective date of regulations promulgated pursuant to
section 716(e), each manufacturer and provider subject
to sections 255 and 716 shall maintain, in the ordinary
course of business and for a reasonable period, records
of any efforts taken by such manufacturer or provider
to implement sections 255 and 716, including the
following:
``(i) Information about the manufacturer's
or provider's efforts to consult with
individuals with disabilities.
``(ii) Descriptions of the accessibility
features of its products and services.
``(iii) Information about the compatibility
of such products and services with peripheral
devices or specialized customer premise
equipment commonly used by individuals with
disabilities to achieve access.
``(B) Submission of annual certification.--An
officer of a manufacturer or provider shall submit to
the Commission an annual certification that records are
being kept in accordance with subparagraph (A).
``(C) Commission request for records.--After the
filing of a formal or informal complaint against a
manufacturer or provider in the manner prescribed in
paragraph (3), the Commission may request, and shall
keep confidential, a copy of the records maintained by
such manufacturer or provider pursuant to subparagraph
(A) of this paragraph that are directly relevant to the
equipment or service that is the subject of such
complaint.
``(6) Failure to act.--If the Commission fails to carry out
any of its responsibilities to act upon a complaint in the
manner prescribed in paragraph (3), the person that filed such
complaint may bring an action in the nature of mandamus in the
United States Court of Appeals for the District of Columbia to
compel the Commission to carry out any such responsibility.
``(7) Commission jurisdiction.--The limitations of section
255(f) shall apply to any claim that alleges a violation of
section 255 or 716. Nothing in this paragraph affects or limits
any action for mandamus under paragraph (6) or any appeal
pursuant to section 402(b)(10).
``(8) Private resolutions of complaints.--Nothing in the
Commission's rules or this Act shall be construed to preclude a
person who files a complaint and a manufacturer or provider
from resolving a formal or informal complaint prior to the
Commission's final determination in a complaint proceeding. In
the event of such a resolution, the parties shall jointly
request dismissal of the complaint and the Commission shall
grant such request.
``(b) Reports to Congress.--
``(1) In general.--Every two years after the date of
enactment of the Twenty-First Century Communications and Video
Accessibility Act of 2010, the Commission shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report that includes the following:
``(A) An assessment of the level of compliance with
sections 255 and 716.
``(B) An evaluation of the extent to which any
accessibility barriers still exist with respect to new
communications technologies.
``(C) The number and nature of complaints received
pursuant to subsection (a) during the two years that
are the subject of the report.
``(D) A description of the actions taken to resolve
such complaints under this section, including
forfeiture penalties assessed.
``(E) The length of time that was taken by the
Commission to resolve each such complaint.
``(F) The number, status, nature, and outcome of
any actions for mandamus filed pursuant to subsection
(a)(6) and the number, status, nature, and outcome of
any appeals filed pursuant to section 402(b)(10).
``(G) An assessment of the effect of the
requirements of this section on the development and
deployment of new communications technologies.
``(2) Public comment required.--The Commission shall seek
public comment on its tentative findings prior to submission to
the Committees of the report under this subsection.
``(c) Comptroller General Enforcement Study.--
``(1) In general.--The Comptroller General shall conduct a
study to consider and evaluate the following:
``(A) The Commission's compliance with the
requirements of this section, including the
Commission's level of compliance with the deadlines
established under and pursuant to this section and
deadlines for acting on complaints pursuant to
subsection (a).
``(B) Whether the enforcement actions taken by the
Commission pursuant to this section have been
appropriate and effective in ensuring compliance with
this section.
``(C) Whether the enforcement provisions under this
section are adequate to ensure compliance with this
section.
``(D) An assessment of the effect of the
requirements of this section on the development and
deployment of new communications technologies.
``(2) Report.--Not later than 5 years after the date of
enactment of the Twenty-First Century Communications and Video
Accessibility Act of 2010, the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report on the results of the study
required by paragraph (1), with recommendations for how the
enforcement process and measures under this section may be
modified or improved.
``(d) Clearinghouse.--Within one year after the date of enactment
of the Twenty-First Century Communications and Video Accessibility Act
of 2010, the Commission shall, in consultation with the Architectural
and Transportation Barriers Compliance Board, the National
Telecommunications and Information Administration, trade associations,
and organizations representing individuals with disabilities, establish
a clearinghouse of information on the availability of accessible
products and services and accessibility solutions required under
sections 255 and 716. Such information shall be made publicly available
on the Commission's website and by other means, and shall include an
annually updated list of products and services with access features.
``(e) Outreach and Education.--Upon establishment of the
clearinghouse of information required under subsection (d), the
Commission, in coordination with the National Telecommunications and
Information Administration, shall conduct an informational and
educational program designed to inform the public about the
availability of the clearinghouse and the protections and remedies
available under sections 255 and 716.
``SEC. 718. INTERNET BROWSERS BUILT INTO TELEPHONES USED WITH PUBLIC
MOBILE SERVICES.
``(a) Accessibility.--If a manufacturer of a telephone used with
public mobile services (as such term is defined in section
710(b)(4)(B)) includes an Internet browser in such telephone, or if a
provider of mobile service arranges for the inclusion of a browser in
telephones to sell to customers, the manufacturer or provider shall
ensure that the functions of the included browser (including the
ability to launch the browser) are accessible to and usable by
individuals who are blind or have a visual impairment, unless doing so
is not achievable, except that this subsection shall not impose any
requirement on such manufacturer or provider--
``(1) to make accessible or usable any Internet browser
other than a browser that such manufacturer or provider
includes or arranges to include in the telephone; or
``(2) to make Internet content, applications, or services
accessible or usable (other than enabling individuals with
disabilities to use an included browser to access such content,
applications or services).
``(b) Industry Flexibility.--A manufacturer or provider may satisfy
the requirements of subsection (a) with respect to such telephone or
services by--
``(1) ensuring that the telephone or services that such
manufacture or provider offers is accessible to and usable by
individuals with disabilities without the use of third party
applications, peripheral devices, software, hardware, or
customer premises equipment; or
``(2) using third party applications, peripheral devices,
software, hardware, or customer premises equipment that is
available to the consumer at nominal cost and that individuals
with disabilities can access.''.
(b) Effective Date for Section 718.--Section 718 of the
Communications Act of 1934, as added by subsection (a), shall take
effect 3 years after the date of enactment of this Act.
(c) Title V Amendments.--Section 503(b)(2) of such Act (47 U.S.C.
503(b)(2)) is amended by adding after subparagraph (E) the following:
``(F) Subject to paragraph (5) of this section, if the violator is
a manufacturer or service provider subject to the requirements of
section 255 or 716, and is determined by the Commission to have
violated any such requirement, the manufacturer or provider shall be
liable to the United States for a forfeiture penalty of not more than
$100,000 for each violation or each day of a continuing violation,
except that the amount assessed for any continuing violation shall not
exceed a total of $1,000,000 for any single act or failure to act.''.
(d) Review of Commission Determinations.--Section 402(b) of such
Act (47 U.S.C. 402(b)) is amended by adding the following new
paragraph:
``(10) By any person who is aggrieved or whose interests are
adversely affected by a determination made by the Commission under
section 717(a)(3).''.
SEC. 105. EMERGENCY ACCESS ADVISORY COMMITTEE.
(a) Establishment.--For the purpose of achieving equal access to
emergency services by individuals with disabilities, as a part of the
migration to a national Internet protocol-enabled emergency network,
not later than 60 days after the date of enactment of this Act, the
Chairman of the Commission shall establish an advisory committee, to be
known as the Emergency Access Advisory Committee (referred to in this
section as the ``Advisory Committee'').
(b) Membership.--As soon as practicable after the date of enactment
of this Act, the Chairman of the Commission shall appoint the members
of the Advisory Committee, ensuring a balance between individuals with
disabilities and other stakeholders, and shall designate two such
members as the co-chairs of the Committee. Members of the Advisory
Committee shall be selected from the following groups:
(1) State and local government and emergency responder
representatives.--Representatives of State and local
governments and representatives of emergency response
providers, selected from among individuals nominated by
national organizations representing such governments and
representatives.
(2) Subject matter experts.--Individuals who have the
technical knowledge and expertise to serve on the Advisory
Committee in the fulfillment of its duties, including
representatives of--
(A) providers of interconnected and non-
interconnected VoIP services;
(B) vendors, developers, and manufacturers of
systems, facilities, equipment, and capabilities for
the provision of interconnected and non-interconnected
VoIP services;
(C) national organizations representing individuals
with disabilities and senior citizens;
(D) Federal agencies or departments responsible for
the implementation of the Next Generation E 9-1-1
system;
(E) the National Institute of Standards and
Technology; and
(F) other individuals with such technical knowledge
and expertise.
(3) Representatives of other stakeholders and interested
parties.--Representatives of such other stakeholders and
interested and affected parties as the Chairman of the
Commission determines appropriate.
(c) Development of Recommendations.--Within one year after the
completion of the member appointment process by the Chairman of the
Commission pursuant to subsection (b), the Advisory Committee shall
develop and submit to the Commission recommendations to implement such
technologies and methods, including recommendations--
(1) with respect to what actions are necessary as a part of
the migration to a national Internet protocol-enabled network
to achieve reliable, interoperable communication transmitted
over such network that will ensure access to emergency services
by individuals with disabilities;
(2) for protocols, technical capabilities, and technical
requirements to ensure reliability and interoperability
necessary to ensure access to emergency services by individuals
with disabilities;
(3) for the establishment of technical standards for use by
public safety answering points, designated default answering
points, and local emergency authorities;
(4) for relevant technical standards and requirements for
communication devices and equipment and technologies to enable
the use of reliable emergency access;
(5) for procedures to be followed by IP-enabled network
providers to ensure that such providers do not install
features, functions, or capabilities that would conflict with
technical standards;
(6) for deadlines by which providers of interconnected and
non-interconnected VoIP services and manufacturers of equipment
used for such services shall achieve the actions required in
paragraphs (1) through (5), and for the possible phase out of
the use of current-generation TTY technology to the extent that
this technology is replaced with more effective and efficient
technologies and methods to enable access to emergency services
by individuals with disabilities; and
(7) for the establishment of rules to update the
Commission's rules with respect to 9-1-1 services and E-911
services, as such term is defined in section 158 of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 942), for users of
telecommunications relay services as new technologies and
methods for providing such relay services are adopted by
providers of such relay services.
(d) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 45 days after the
completion of the member appointment process by the Chairman of
the Commission pursuant to subsection (b).
(2) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the chairs, but no
less than monthly until the recommendations required pursuant
to subsection (c) are completed and submitted.
(3) Notice; open meetings.--Any meetings held by the
Advisory Committee shall be duly noticed at least 14 days in
advance and shall be open to the public.
(e) Procedural Rules.--
(1) Quorum.--One-third of the members of the Advisory
Committee shall constitute a quorum for conducting business of
the Advisory Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the chair may establish appropriate
subcommittees composed of members of the Advisory Committee and
other subject matter experts as determined to be necessary.
(3) Additional procedural rules.--The Advisory Committee
may adopt other procedural rules as needed.
(f) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
(g) Implementing Recommendations.--The Commission shall have the
authority to promulgate regulations to implement the recommendations
proposed by the Advisory Committee, as well as any other regulations as
are necessary to achieve reliable, interoperable communication that
ensures access by individuals with disabilities to an Internet
protocol-enabled emergency network.
(h) Survey.--Not later than 30 months after the date of enactment
of this Act, the Commission shall conduct and publish the results of a
national survey of individuals with disabilities concerning real time
text, geolocation services, instant messaging services, and mobile
telecommunications relay services. The survey shall seek to determine
what individuals with disabilities believe to be the most effective and
efficient technologies and methods by which to enable access to
emergency services by individuals with disabilities.
(i) Definitions.--In this section--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the term ``Chairman'' means the Chairman of the Federal
Communications Commission; and
(3) except as otherwise expressly provided, other terms
have the meanings given such terms in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
SEC. 106. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et
seq.), as amended by sections 103 and 104, is further amended by adding
at the end the following:
``SEC. 719. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.
``(a) In General.--Within 6 months after the date of enactment of
the Twenty-First Century Communications and Video Accessibility Act of
2010, the Commission shall establish rules that define as eligible for
relay service support those programs that are approved by the
Commission for the distribution of specialized customer premises
equipment designed to make telecommunications service, Internet access
service, and advanced communications, including interexchange services
and advanced telecommunications and information services, accessible by
low-income individuals who are deaf-blind.
``(b) Individuals Who Are Deaf-blind Defined.--For purposes of this
section, the term `individuals who are deaf-blind' has the meaning
given such term in section 206 of the Helen Keller National Center Act
(29 U.S.C. 1905).
``(c) Annual Amount.--The total amount of support the Commission
may provide from its Telecommunications Relay Services Fund for any
fiscal year may not exceed $10,000,000.''.
TITLE II--VIDEO PROGRAMMING
SEC. 201. VIDEO PROGRAMMING AND EMERGENCY ACCESS ADVISORY COMMITTEE.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Chairman shall establish an advisory
committee to be known as the Video Programming and Emergency Access
Advisory Committee.
(b) Membership.--As soon as practicable after the date of enactment
of this Act, the Chairman shall appoint individuals who have the
technical knowledge and engineering expertise to serve on the Advisory
Committee in the fulfillment of its duties, including the following:
(1) Representatives of distributors and providers of video
programming or national organizations representing such
distributors and providers.
(2) Representatives of vendors, developers, and
manufacturers of systems, facilities, equipment, and
capabilities for the provision of video programming delivered
using Internet protocol or a national organization representing
such vendors, developers, or manufacturers.
(3) Representatives of manufacturers of consumer
electronics or information technology equipment or a national
organization representing such manufacturers.
(4) Representatives of national organizations representing
accessibility advocates, including individuals with
disabilities and the elderly.
(5) Representatives of the broadcast television industry or
a national organization representing such industry.
(6) Other individuals with technical and engineering
expertise, as the Chairman determines appropriate.
(c) Commission Oversight.--The Chairman shall appoint a member of
the Commission's staff to moderate and direct the work of the Advisory
Committee.
(d) Technical Staff.--The Commission shall appoint a member of the
Commission's technical staff to provide technical assistance to the
Advisory Committee.
(e) Development of Recommendations.--
(1) Closed captioning report.--Within 6 months after the
date of the first meeting of the Advisory Committee, the
Advisory Committee shall develop and submit to the Commission a
report that includes the following:
(A) An identification of the performance objectives
for protocols, technical capabilities, and technical
procedures needed to permit content providers, content
distributors, Internet service providers, software
developers, and device manufacturers to reliably
encode, transport, receive, and render closed captions
of video programming delivered using Internet protocol.
(B) An identification of additional protocols,
technical capabilities, and technical procedures beyond
those available as of the date of enactment of this Act
for the delivery of closed captions of video
programming delivered using Internet protocol that are
necessary to meet the performance objectives identified
under subparagraph (A).
(C) A recommendation for any regulations that may
be necessary to ensure compatibility between video
programming delivered using Internet protocol and
devices capable of receiving and displaying such
programming in order to facilitate access to closed
captions.
(2) Video description, emergency information, user
interfaces, and video programming guides and menus.--Within 18
months after the date of enactment of this Act, the Advisory
Committee shall develop and submit to the Commission a report
that includes the following:
(A) An identification of the performance objectives
for protocols, technical capabilities, and technical
procedures needed to permit content providers, content
distributors, Internet service providers, software
developers, and device manufacturers to reliably
encode, transport, receive, and render video
descriptions of video programming and emergency
information delivered using Internet protocol or
digital broadcast television.
(B) An identification of additional protocols,
technical capabilities, and technical procedures beyond
those available as of the date of enactment of this Act
for the delivery of video descriptions of video
programming and emergency information delivered using
Internet protocol that are necessary to meet the
performance objectives identified under subparagraph
(A).
(C) A recommendation for any regulations that may
be necessary to ensure compatibility between video
programming delivered using Internet protocol and
devices capable of receiving and displaying such
programming in order to facilitate access to emergency
information.
(D) With respect to user interfaces, a
recommendation for the standards, protocols, and
procedures used to enable the functions of apparatus
designed to receive or display video programming
transmitted simultaneously with sound (including
apparatus designed to receive or display video
programming transmitted by means of services using
Internet protocol) to be accessible to and usable by
individuals with disabilities.
(E) With respect to user interfaces, a
recommendation for the standards, protocols, and
procedures used to enable on-screen text menus and
other visual indicators used to access the functions on
an apparatus described in subparagraph (D) to be
accompanied by audio output so that such menus or
indicators are accessible to and usable by individuals
with disabilities.
(F) A recommendation for the standards, protocols,
and procedures used to enable the selection of video
programming information on an apparatus or navigation
device by means of a guide or menu to be accessible in
real-time by individuals who are blind or have a visual
impairment.
(3) Consideration of standards, protocols, and procedures
by standard-setting organizations.--The recommendations of the
Advisory Committee shall, to the extent possible, incorporate
the standards, protocols, and procedures that have been adopted
by appropriate industry standard-setting organizations for the
report requirements described in paragraphs (1) and (2).
(f) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 180 days after the
date of the enactment of this Act.
(2) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the Chairman.
(3) Notice; open meetings.--Any meeting held by the
Advisory Committee shall be noticed at least 14 days before
such meeting and shall be open to the public.
(g) Procedural Rules.--
(1) Quorum.--The presence of one-third of the members of
the Advisory Committee shall constitute a quorum for conducting
the business of the Advisory Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the Chairman may establish
appropriate subcommittees composed of members of the Advisory
Committee and other subject matter experts.
(3) Additional procedural rules.--The Advisory Committee
may adopt other procedural rules as needed.
(h) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
(i) Adoption of Standards, Protocols, Procedures, and Other
Technical Requirements.--Not later than 12 months after the date on
which the Advisory Committee transmits its report under subsection
(e)(2) to the Commission, the Commission shall take all actions
necessary to adopt relevant technical standards, protocols, procedures,
and other technical requirements to ensure compatibility between video
programming delivered using Internet protocol or digital broadcast
television and devices capable of receiving and displaying such
programming in order to facilitate access to emergency information.
SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING.
(a) Video Description.--Section 713 of the Communications Act of
1934 (47 U.S.C. 613) is amended--
(1) by striking subsections (f) and (g);
(2) by redesignating subsection (h) as subsection (j); and
(3) by inserting after subsection (e) the following:
``(f) Video Description.--
``(1) Reinstatement of regulations.--On the day that is 1
year after the date of enactment of the Twenty-First Century
Communications and Video Accessibility Act of 2010, the
Commission shall, after a rulemaking, reinstate its video
description regulations contained in the Implementation of
Video Description of Video Programming Report and Order (15
F.C.C.R. 15,230 (2000)), modified as provided in paragraph (2).
``(2) Modifications to reinstated regulations.--Such
regulations shall be modified only as follows:
``(A) The regulations shall apply to video
programming, as defined in subsection (i), insofar as
such programming is transmitted for display on
television in digital format.
``(B) The Commission shall update the list of the
top 25 Designated Market Areas, the list of the top 5
national nonbroadcast networks that have at least 50
hours per quarter of prime time programming that is not
exempt under this paragraph, and the designation of the
beginning calendar quarter for which compliance shall
be calculated.
``(C) The regulations may permit a provider of
video programming or a program owner to petition the
Commission for an exemption from the requirements of
this section upon a showing that the requirements
contained in this section would be economically
burdensome.
``(D) The Commission may exempt from the
regulations established pursuant to paragraph (1) a
service, class of services, program, class of programs,
equipment, or class of equipment for which the
Commission has determined that the application of such
regulations would be economically burdensome for the
provider of such service, program, or equipment.
``(E) The regulations shall not apply to live or
near-live programming.
``(F) The regulations shall provide for an
appropriate phased schedule of deadlines for
compliance.
``(3) Inquiries on further video description
requirements.--The Commission shall commence the following
inquiries not later than 1 year after the completion of the
phase-in of the reinstated regulations and shall report to
Congress 1 year thereafter on the findings for each of the
following:
``(A) Video description in television
programming.--The availability, use, and benefits of
video description on video programming distributed on
television, the technical and creative issues
associated with providing such video description, and
the financial costs of providing such video description
for providers of video programming and program owners.
``(B) Video description in video programming
distributed on the internet.--The technical and
operational issues, costs, and benefits of providing
video descriptions for video programming that is
delivered using Internet protocol.
``(4) Continuing commission authority.--
``(A) In general.--The Commission may issue
additional regulations if the Commission determines, at
least 2 years after completing the reports required in
paragraph (3), that the need for and benefits of
providing video descriptions for video programming,
insofar as such programming is transmitted for display
on television, are greater than the technical and
economic costs of providing such additional
programming. If the Commission makes such a
determination and issues additional regulations, the
Commission may increase, in total, the hours
requirement for described video programming, insofar as
such programming is transmitted for display on
television, up to 75 percent of the requirement in the
regulations reinstated under paragraph (1).
``(B) Further requirements.--
``(i) Report.--Nine years after the date of
enactment of the Twenty-First Century
Communications and Video Accessibility Act of
2010, the Commission shall submit to the
Committee on Energy and Commerce of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a report assessing--
``(I) the types of described video
programming that is available to
consumers;
``(II) consumer use of such
programming;
``(III) the costs to program
owners, providers, and distributors of
creating such programming;
``(IV) the benefits to consumers of
such programming;
``(V) the amount of such
programming currently available; and
``(VI) the need for additional
described programming.
``(ii) Increased availability.--Ten years
after the date of enactment of the Twenty-First
Century Communications and Video Accessibility
Act of 2010, the Commission shall have the
authority, based upon the findings,
conclusions, and recommendations contained in
the report under clause (i), to increase the
availability of such programming.
``(C) Application to designated market areas.--
``(i) In general.--After the Commission
completes the study on video description, the
Commission shall phase in the video description
regulations for all designated market areas,
except that the Commission may grant waivers to
entities in specific designated market areas
where it deems appropriate.
``(ii) Phase-in deadline.--The phase-in
described under clause (i) shall be completed
not later than 6 years after the date of
enactment of the Twenty-First Century
Communications and Video Accessibility Act of
2010.
``(g) Emergency Information.--Not later than 1 year after the Video
Programming and Emergency Access Advisory Committee report under
section 201(e)(2) of the Twenty-First Century Communications and Video
Accessibility Act of 2010 is submitted to the Commission, the
Commission shall complete a proceeding to--
``(1) identify methods to convey emergency information (as
that term is defined in section 79.2 of title 47, Code of
Federal Regulations) in a manner accessible to individuals who
are blind or have a visual impairment; and
``(2) promulgate regulations that require video programming
providers and video programming distributors (as those terms
are defined in section 79.1 of title 47, Code of Federal
Regulations) and program owners to convey such emergency
information in a manner accessible to individuals who are blind
or have a visual impairment.
``(h) Responsibilities.--
``(1) Video programming owner.--A video programming owner
shall ensure that any closed captioning and video description
required pursuant to this section is provided in accordance
with the technical standards, protocols, and procedures
established by the Commission.
``(2) Video programming provider or distributor.--A video
programming provider or video programming distributor shall be
deemed in compliance with this section and the rules and
regulation promulgated thereunder if such provider or
distributor enables the rendering or the pass through of closed
captions and video description signals.
``(i) Definitions.--For purposes of this section, section 303, and
section 330:
``(1) Video description.--The term `video description'
means the insertion of audio narrated descriptions of a
television program's key visual elements into natural pauses
between the program's dialogue.
``(2) Video programming.--The term `video programming' has
the meaning given such term in section 602.''.
(b) Closed Captioning on Video Programming Delivered Using Internet
Protocol.--Section 713 of such Act is further amended by striking
subsection (c) and inserting the following:
``(c) Deadlines for Captioning.--
``(1) In general.--The regulations prescribed pursuant to
subsection (b) shall include an appropriate schedule of
deadlines for the provision of closed captioning of video
programming published or exhibited on television.
``(2) Deadlines for programming delivered using internet
protocol.--
``(A) Regulations on closed captioning on video
programming delivered using internet protocol.--Not
later than 6 months after the submission of the report
to the Commission required by section 201(e)(1) of the
Twenty-First Century Communications and Video
Accessibility Act of 2010, the Commission shall
promulgate regulations to require the provision of
closed captioning on video programming delivered using
Internet protocol.
``(B) Schedule.--The regulations prescribed under
this paragraph shall include an appropriate schedule of
decoding for the provision of closed captioning, taking
into account whether such programming is prerecorded
and edited for Internet distribution, or whether such
programming is live or near-live and not edited for
Internet distribution.
``(C) Cost.--The Commission may delay or waive the
regulation promulgated under subparagraph (A) to the
extent the Commission finds that the application of the
regulation to live video programming delivered using
Internet protocol would be economically burdensome to
providers of video programming or program owners.
``(D) Requirements for regulations.--
``(i) In general.--The regulations
prescribed under this paragraph--
``(I) shall contain a definition of
`near-live programming' and `edited for
Internet distribution';
``(II) may exempt any service,
class of service, program, class of
program, equipment, or class of
equipment for which the Commission has
determined that the application of such
regulations would be economically
burdensome to the provider of such
service, program, or equipment;
``(III) shall provide that de
minimis failure to comply with such
regulations by a provider of video
programming or program owner shall not
be treated as a violation of the
regulations; and
``(IV) shall only apply to video
programming that is transmitted for
display on television with closed
captioning after the effective date of
the regulations issued pursuant to this
section.
``(ii) Alternate means.--An entity may meet
the requirements of this section through
alternate means than those prescribed by
regulations pursuant to paragraph (1) if the
requirements of this section are met, as
determined by the Commission.''.
(c) Conforming Amendment.--Section 713(d) of such Act is amended by
striking paragraph (3) and inserting the following:
``(3)(A) a provider of video programming or program owner
may petition the Commission for an exemption from the
requirements of this section;
``(B) the Commission may grant such petition upon a
showing that the requirements contained in this section
would be economically burdensome;
``(C) during the pendency of such a petition, such
provider or owner shall be exempt from the requirements
of this section; and
``(D) the Commission shall act to grant or deny any
such petition, in whole or in part, within 6 months
after the Commission receives such petition, unless the
Commission finds that an extension of the 6-month
period is necessary to determine whether such
requirements are economically burdensome.''.
(d) Reporting Requirement.--Two years after the effective date of
the regulations issued pursuant to this section, and biennially
thereafter, each broadcast television network and each cable television
network shall submit to the Commission a report containing the number
of hours, in the applicable 2-year period, of video programming not
published or exhibited on television after the date of enactment of
this Act that was provided on the Internet with closed captioning.
(e) Report to Congress.--
(1) In general.--Three years after the date of enactment of
this Act, the Commission shall submit a report to the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate--
(A) assessing the technical, economic, and
operational issues regarding the captioning of video
programming that is distributed only over the Internet,
including the types and amounts of such video
programming that is or could be captioned, the types of
entities producing such programming, and the effects a
closed captioning requirement may have on the producers
of such programming;
(B) assessing the benefits to and use by consumers
of closed captioning of video programming that is
distributed only over the Internet for consumers; and
(C) making recommendations, if any, of whether
Congress should adopt or the Commission should
implement a closed captioning requirement for such
programming.
(2) Updates.--The Commission shall periodically update the
report to the Committees as it determines appropriate.
SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DESCRIPTION CAPABILITY.
(a) Authority to Regulate.--Section 303(u) of the Communications
Act of 1934 (47 U.S.C. 303(u)) is amended to read as follows:
``(u) Require that--
``(1) apparatus designed to receive or play back video
programming transmitted simultaneously with sound, if such
apparatus is manufactured in the United States or imported for
use in the United States and uses a picture screen of any
size--
``(A) be equipped with built-in closed caption
decoder circuitry or capability designed to display
closed-captioned video programming;
``(B) have the capability to decode and make
available the transmission and delivery of video
description services as required by regulations
reinstated and modified pursuant to section 713(f); and
``(C) have the capability to decode and make
available emergency information (as that term is
defined in section 79.2 of title 47, Code of Federal
Regulations) in a manner that is accessible to
individuals who are blind or have a visual impairment;
and
``(2) notwithstanding paragraph (1) of this subsection--
``(A) apparatus described in such paragraph that
use a picture screen that is less than 13 inches in
size meet the requirements of subparagraphs (A), (B),
and (C) of such paragraph only if the requirements of
such subparagraphs are achievable (as defined in
section 716);
``(B) any apparatus or class of apparatus that are
display-only video monitors with no playback capability
are exempt from the requirements of such paragraph; and
``(C) the Commission shall have the authority to
waive the requirements of this subsection for any
apparatus or class of apparatus.''.
(b) Other Devices.--Section 303 of the Communications Act of 1934
(47 U.S.C. 303) is further amended by adding at the end the following
new subsection:
``(z) Require that--
``(1) if achievable (as defined in section 716), apparatus
designed to record video programming transmitted simultaneously
with sound, if such apparatus is manufactured in the United
States or imported for use in the United States, enable the
rendering or the pass through of closed captions, video
description signals, and emergency information (as that term is
defined in section 79.2 of title 47, Code of Federal
Regulations) so that viewers are able to activate and de-
activate the closed captions and video description as the video
programming is played back on a picture screen of any size; and
``(2) interconnection mechanisms and standards for digital
video source devices are available to carry from the source
device to the consumer equipment the information necessary to
permit the display of closed captions and to make encoded video
description and emergency information audible.''.
(c) Shipment in Commerce.--Section 330(b) of the Communications Act
of 1934 (47 U.S.C. 330(b)) is amended--
(1) by striking ``section 303(u)'' in the first sentence
and inserting ``subsections (u) and (z) of section 303'';
(2) by striking the second sentence and inserting the
following: ``Such rules shall provide performance and display
standards for such built-in decoder circuitry or capability
designed to display closed captioned video programming, the
transmission and delivery of video description services, and
the conveyance of emergency information as required by section
303 of this Act.''; and
(3) in the fourth sentence, by striking ``closed-captioning
service continues'' and inserting ``closed-captioning service
and video description service continue''.
(d) Implementing Regulations.--
(1) In general.--The Federal Communications Commission
shall prescribe such regulations as are necessary to implement
the requirements of sections 303(u), 303(z), and 330(b) of the
Communications Act of 1934, as amended by this section,
including any technical standards, protocols, and procedures
needed for the transmission of--
(A) closed captioning within 6 months after the
submission to the Commission of the Advisory Committee
report required by section section 201(e)(1); and
(B) video description and emergency information
within 12 months after the submission to the Commission
of the Advisory Committee report required by section
section 201(e)(2).
(2) Alternate means.--An entity may meet the requirements
of sections 303(u), 303(z), and 330(b) of the Communications
Act of 1934 through alternate means than those prescribed by
regulations pursuant to paragraph (1) if the requirements of
such sections are met, as determined by the Commission.
SEC. 204. USER INTERFACES ON DIGITAL APPARATUS.
(a) Amendment.--Section 303 of the Communications Act of 1934 (47
U.S.C. 303) is further amended by adding after subsection (z), as added
by section 203 of this Act, the following new subsection:
``(aa) Require--
``(1) if achievable (as defined in section 716), that
digital apparatus designed to receive or play back video
programming, that are shipped in interstate commerce or
manufactured in the United States, transmitted in digital
format simultaneously with sound, including apparatus designed
to receive or display video programming transmitted in digital
format using Internet protocol, be designed, developed, and
fabricated so that control of all built-in apparatus functions
are accessible to and usable by individuals with disabilities;
``(2) that if on-screen text menus or other visual
indicators built in to the digital apparatus are used to access
the functions of the apparatus described in paragraph (1), such
functions shall be accompanied by audio output that is either
integrated or peripheral to the apparatus, so that such menus
or indicators are accessible to and usable by individuals who
are blind or have a visual impairment in real-time;
``(3) that built-in user controls on such apparatus shall
be capable of accessing closed captioning, including--
``(A) if a remote control is provided with the
apparatus--
``(i) a button, key, or icon on the remote
control of such apparatus designated for
activating closed captioning; or
``(ii) any other mechanism that provides a
substantially equivalent level of
accessibility; and
``(B) if on-screen menus are displayed on such
apparatus--
``(i) the inclusion of `closed captions'
and `video description' on the first menu that
appears; or
``(ii) any other mechanism that provides a
substantially equivalent level of
accessibility; and
``(4) that in applying this subsection the term `apparatus'
does not include a navigation device, as such term is defined
in section 76.1200 of title 47, Code of Federal Regulations.''.
(b) Implementing Regulations.--
(1) In general.--Within 12 months after the submission to
the Commission of the Advisory Committee report required by
section 201(e)(2), the Commission shall prescribe such
regulations as are necessary to implement the amendments made
by subsection (a).
(2) Alternate means.--An entity may meet the requirements
of sections 303(aa) of the Communications Act of 1934 through
alternate means than those prescribed by regulations pursuant
to paragraph (1) if the requirements of such section are met,
as determined by the Commission.
(c) Deferral of Compliance With ATSC Mobile DTV Standard A/153.--A
digital apparatus designed and manufactured to receive or play back the
Advanced Television Systems Committee's Mobile DTV Standards A/153
shall not be required to meet the requirements of the regulations
prescribed under subsection (b) for a period of not less than 24 months
after the date on which the final regulations are published in the
Federal Register.
SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS PROVIDED ON
NAVIGATION DEVICES.
(a) Amendment.--Section 303 of the Communications Act of 1934 (47
U.S.C. 303) is further amended by adding after subsection (aa), as
added by section 204 of this Act, the following new subsection:
``(bb) Require--
``(1) if achievable (as defined in section 716), that the
on-screen text menus and guides provided by navigation devices
(as such term is defined in section 76.1200 of title 47, Code
of Federal Regulations) for the display or selection of
multichannel video programming are audibly accessible in real-
time upon request by individuals who are blind or have a visual
impairment, except that the Commission may not specify the
technical standards, protocols, procedures, and other technical
requirements for meeting this requirement; and
``(2) for navigation devices with built-in closed
captioning capability, access to such capability through a
button, key, or icon designated for activating the closed
captioning, or through any other mechanism that provides a
substantially equivalent level of accessibility.''
(b) Implementing Regulations.--
(1) In general.--Within 12 months after the submission to
the Commission of the Advisory Committee report required by
section 201(e)(2), the Commission shall prescribe such
regulations as are necessary to implement the amendment made by
subsection (a).
(2) Exemption.--Such regulations may provide an exemption
from the regulations for cable systems serving 50,000 or fewer
subscribers.
(3) Responsibility.--An entity shall only be responsible
for compliance with the requirements added by this section with
respect to navigation devices that such entity provides to a
requesting individual who is blind or has a visual impairment
and shall make reasonable efforts to make such requirements
known to consumers.
(4) Separate equipment or software.--
(A) In general.--Such regulations shall permit but
not require the entity providing the navigation device
to the requesting individual who is blind or has a
visual impairment to comply with section 303(bb)(1) of
the Communications Act of 1934 (as added by subsection
(a) of this section) through such entity's use of
software, a peripheral device, specialized consumer
premises equipment, a network-based service, or other
solution, and shall provide such entity with the
flexibility to select the manner of compliance.
(B) Requirements.--If an entity complies with
section 303(bb)(1) of the Communications Act of 1934
(as added by subsection (a) of this section) under
subparagraph (A) of this paragraph, such entity shall
provide any such software, peripheral device,
equipment, service, or solution at no additional charge
and within a reasonable time to such individual.
(5) User controls for closed captioning.--Such regulations
shall permit the entity providing the navigation device maximum
flexibility in the selection of means for compliance with
section 303(bb)(2) of the Communications Act of 1934 (as added
by subsection (a) of this section).
(6) Phase-in.--
(A) In general.--The Commission shall provide
affected entities with--
(i) not less than 2 years after the
adoption of such regulations to begin placing
in service devices that comply with the
requirements of section 303(bb)(2) of the
Communications Act of 1934 (as added by
subsection (a) of this section); and
(ii) not less than 3 years after the
adoption of such regulations to begin placing
in service devices that comply with the
requirements of section 303(bb)(1) of the
Communications Act of 1934 (as added by
subsection (a) of this section).
(B) Application.--Such regulations shall apply only
to devices manufactured or imported on or after the
respective effective dates established in subparagraph
(A).
SEC. 206. DEFINITIONS.
In this title:
(1) Advisory committee.--The term ``Advisory Committee''
means the advisory committee established in section 201.
(2) Chairman.--The term ``Chairman'' means the Chairman of
the Federal Communications Commission.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Emergency information.--The term ``emergency
information'' has the meaning given such term in section 79.2
of title 47, Code of Federal Regulations.
(5) Internet protocol.--The term ``Internet protocol''
includes Transmission Control Protocol and a successor protocol
or technology to Internet protocol.
(6) Navigation device.--The term ``navigation device'' has
the meaning given such term in section 76.1200 of title 47,
Code of Federal Regulations.
(7) Video description.--The term ``video description'' has
the meaning given such term in section 713 of the
Communications Act of 1934 (47 U.S.C. 613).
(8) Video programming.--The term ``video programming'' has
the meaning given such term in section 713 of the
Communications Act of 1934 (47 U.S.C. 613).
Union Calendar No. 323
111th CONGRESS
2d Session
H. R. 3101
[Report No. 111-563]
_______________________________________________________________________
A BILL
To ensure that individuals with disabilities have access to emerging
Internet Protocol-based communication and video programming
technologies in the 21st century.
_______________________________________________________________________
July 26, 2010
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed