HR 6320 IHCommentsClose CommentsPermalink

To ensure that individuals with disabilities have access to emerging Internet Protocol-based communication and video programming technologies in the 21st Century.CommentsClose CommentsPermalink

June 19, 2008CommentsClose CommentsPermalink

Mr. MARKEY (for himself, Mrs. WILSON of New Mexico, Mrs. CAPPS, Ms. SOLIS, and Mr. FRANK of Massachusetts) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

To ensure that individuals with disabilities have access to emerging Internet Protocol-based communication and video programming technologies in the 21st Century.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

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 2008’.CommentsClose CommentsPermalink





(b) Table of Contents-CommentsClose CommentsPermalink





Sec. 1. Short title; Table of contents.CommentsClose CommentsPermalink

TITLE I--COMMUNICATIONS ACCESS

Sec. 101. Definitions.CommentsClose CommentsPermalink





Sec. 102. Hearing aid compatibility.CommentsClose CommentsPermalink





Sec. 103. Relay services.CommentsClose CommentsPermalink





Sec. 104. Access to Internet-based services and equipment.CommentsClose CommentsPermalink

‘Sec. 255A. Access to Internet-based services and equipment.CommentsClose CommentsPermalink

‘Sec. 255B. Enforcement and reporting obligations.CommentsClose CommentsPermalink

Sec. 105. Universal service.CommentsClose CommentsPermalink





Sec. 106. Emergency access and real-time text support.CommentsClose CommentsPermalink

‘Sec. 255C. Emergency access and real-time text support.CommentsClose CommentsPermalink

TITLE II--VIDEO PROGRAMMING

Sec. 201. Commission inquiry on closed captioning decoder and video description capability, user interfaces, and video programming guides and menus.CommentsClose CommentsPermalink





Sec. 202. Closed captioning decoder and video description capability.CommentsClose CommentsPermalink





Sec. 203. Video description and closed captioning.CommentsClose CommentsPermalink





Sec. 204. User interfaces regulations.CommentsClose CommentsPermalink





Sec. 205. Access to video programming guides and menus.CommentsClose CommentsPermalink

TITLE I--COMMUNICATIONS ACCESSCommentsClose CommentsPermalink

SEC. 101. DEFINITIONS.

Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended--CommentsClose CommentsPermalink





(1) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(53) DISABILITY- The term ‘disability’ has the meaning given such term under section 3(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)), as such section may be amended from time to time.CommentsClose CommentsPermalink





‘(54) INTERCONNECTED VOIP SERVICE- The term ‘interconnected VoIP service’ has the meaning given such term by section 9.3 of the Commission’s rules (47 CFR 9.3).CommentsClose CommentsPermalink





‘(55) IP-ENABLED COMMUNICATION SERVICE-CommentsClose CommentsPermalink





‘(A) The term ‘IP-enabled communication service’ means a transmission service between or among points specified by the user, of information of the user’s choosing, using the Internet protocol (or a successor protocol) if such transmission is for the purpose of enabling bilateral or multilateral voice, text, or video communication, utilization of interactive voice response or voice mail systems, or other similar communications-based applications, and uses--CommentsClose CommentsPermalink





‘(i) an Internet connection from the user’s location; andCommentsClose CommentsPermalink





‘(ii) customer premises equipment that is compatible with the Internet protocol (or a successor protocol).CommentsClose CommentsPermalink





‘(B) Such term includes any service that is an interconnected VoIP service.’; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 102. HEARING AID COMPATIBILITY.

(a) Amendment- Section 710(b)(1) of the Communications Act of 1934 (47 U.S.C. 610(b)(1)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of subparagraph (A);CommentsClose CommentsPermalink





(2) by inserting ‘and’ after the comma at the end of subparagraph (B); andCommentsClose CommentsPermalink





(3) by inserting after subparagraph (B) the following new subparagraph:CommentsClose CommentsPermalink





‘(C) all customer premises equipment used to provide an IP-enabled communication service that provides voice communication via a built-in speaker (typically held to the ear) and that are manufactured in the United States (other than for export) more than one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, or are shipped in interstate commerce in the United States more than one year after such date,’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(3) TELECOMMUNICATIONS RELAY SERVICES- The term ‘telecommunications relay services’ means telephone transmission that provides the ability for an individual who is deaf or hard of hearing 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.’.CommentsClose CommentsPermalink





(b) Internet-Based Telecommunications Relay Services- Section 225 of such Act is further amended--CommentsClose CommentsPermalink





(1) by inserting ‘by Common Carriers’ after ‘Provision of Services’ in the heading of subsection (c);CommentsClose CommentsPermalink





(2) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively;CommentsClose CommentsPermalink





(3) by inserting after subsection (d) the following new subsection:CommentsClose CommentsPermalink





‘(e) Internet-Based Telecommunications Relay Services- Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, each interconnected VoIP service provider and each provider of voice communications using an IP-enabled communication service shall participate in and contribute to the Telecommunications Relay Services Fund established in section 64.404(c)(5)(iii) of the Commission’s regulations (47 CFR 64.404(c)(5)(iii)), 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.’;CommentsClose CommentsPermalink





(4) in subsection (f)(1) (as redesignated by paragraph (2) of this subsection), by striking ‘subsections (f) and (g)’ and inserting ‘subsections (g) and (h)’;CommentsClose CommentsPermalink





(5) in subsections (h)(1) and (h)(2)(B) (as so redesignated), by striking ‘subsection (f)’ each place it appears and inserting ‘subsection (g)’.CommentsClose CommentsPermalink

SEC. 104. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.

(a) Amendment- Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by inserting after section 255 the following new sections:CommentsClose CommentsPermalink

‘SEC. 255A. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.

‘(a) Manufacturing- A manufacturer of equipment used for IP-enabled communication services, including end user equipment, network equipment, and software, shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, unless the requirement of this subsection would result in an undue burden.CommentsClose CommentsPermalink





‘(b) Service Providers- A provider of IP-enabled communication service shall ensure that its service is accessible to and usable by individuals with disabilities, unless the requirement of this subsection would result in an undue burden.CommentsClose CommentsPermalink





‘(c) Compatibility- Whenever the requirements of subsections (a) and (b) constitute an undue burden, such manufacturer or provider shall ensure that the equipment or service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, unless the requirement of this subsection would result in an undue burden.CommentsClose CommentsPermalink





‘(d) Network Features, Functions, and Capabilities- Each provider of IP-enabled communication service has the duty not to install network features, functions, or capabilities that do not comply with the regulations established pursuant to this section.CommentsClose CommentsPermalink





‘(e) Regulations- Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall prescribe such regulations as are necessary to implement this section. In prescribing the regulations, the Commission shall--CommentsClose CommentsPermalink





‘(1) include standards to ensure the accessibility, usability, and compatibility of IP-enabled communication services and the equipment used for such services by individuals with disabilities; andCommentsClose CommentsPermalink





‘(2) provide that IP-enabled communication services, the equipment used for such services, and IP-enabled communication service networks may not impair or impede the accessibility of information content when accessibility has been incorporated into that content for transmission through IP-enabled communication services, equipment, or networks.CommentsClose CommentsPermalink





‘(f) Remedies- The limitations on actions in section 255(f) shall not apply to this section.CommentsClose CommentsPermalink





‘(g) Definition- For purposes of this section, the term ‘undue burden’ means significant difficulty or expense. In determining whether the requirements of any provision of this section would result in an undue burden, the factors to be considered include--CommentsClose CommentsPermalink





‘(1) the nature and cost of the steps required for the manufacturer or provider;CommentsClose CommentsPermalink





‘(2) the impact on the operation of the manufacturer or provider;CommentsClose CommentsPermalink





‘(3) the financial resources of the manufacturer or provider; andCommentsClose CommentsPermalink





‘(4) the type of operations of the manufacturer or provider.CommentsClose CommentsPermalink

‘SEC. 255B. ENFORCEMENT AND REPORTING 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 2008, the Commission shall establish regulations that facilitate the filing of complaints that allege a violation of section 255 or 255A, establish procedures for enforcement actions by the Commission with respect to such violations, and create reporting obligations for manufacturers and providers subject to such sections. Such regulations shall include the following provisions:CommentsClose CommentsPermalink





‘(1) NO FEE- The Commission shall not charge any fee to an individual who files a complaint alleging a violation of section 255 or 255A.CommentsClose CommentsPermalink





‘(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 255A.CommentsClose CommentsPermalink





‘(3) COMPLAINTS TO THE COMMISSION- Any person alleging a violation of section 255 or 255A by a manufacturer of equipment or provider of service subject to such sections may file a complaint with the Commission. The Commission shall investigate the allegations in such complaint and issue a final order concluding the investigation within 90 days of the date on which such complaint was filed with the Commission, unless such complaint is resolved before such time. The Commission may consolidate for investigation and resolution complaints alleging substantially the same violation by the same manufacturer or provider. Such final order shall include a determination as to whether any violation has occurred and, if the Commission determines that a violation has occurred, address the manner in which the manufacturer or service provider will achieve accessibility, compatibility, or usability required by section 255 or 255A. If a determination is made that a violation has occurred but the accessibility feature requested is not readily achievable under section 255 or will create an undue burden under section 255A, the Commission shall provide the basis for such determination.CommentsClose CommentsPermalink





‘(4) CEASE AND DESIST ORDERS- If the Commission’s investigation pursuant to paragraph (3) determines that a manufacturer of equipment or provider of service is engaged in an act prohibited by section 255 or 255A, or is failing to perform any act required by section 255 or 255A, the Commission shall order such manufacturer or provider to cease from violating such section.CommentsClose CommentsPermalink





‘(5) FORFEITURE PENALTIES- A manufacturer of equipment or provider of service subject to the requirements of section 255 or 255A shall be subject under section 503 to a civil penalty for violation of section 255 or 255A in an amount determined under section 503(b)(2)(B).CommentsClose CommentsPermalink





‘(6) REPORTING- Each manufacturer of equipment used for IP-enabled communication services and each provider of IP-enabled communication service shall--CommentsClose CommentsPermalink





‘(A) file a report with the Commission, on an annual basis, that describes the steps that have been taken by such manufacturer or provider during the preceding year to implement sections 255 and 255A, including--CommentsClose CommentsPermalink





‘(i) information about the company’s efforts to consult with people with disabilities;CommentsClose CommentsPermalink





‘(ii) descriptions of the accessibility features of its products and services; andCommentsClose CommentsPermalink





‘(iii) information about the compatibility of their products and services with peripheral devices or specialized customer premise equipment commonly used by people with disabilities to achieve access; andCommentsClose CommentsPermalink





‘(B) maintain, in the ordinary course of business, records of the efforts taken by such manufacturer or provider to implement sections 255 and 255A.CommentsClose CommentsPermalink





‘(b) Reports to Congress- Every two years after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that assesses the level of compliance with section 255 or 255A and evaluates the extent to which any accessibility barriers still exist with respect to new technologies. Such report shall include--CommentsClose CommentsPermalink





‘(1) the number and nature of complaints received pursuant to subsection (a) during the two years that are the subject of the report;CommentsClose CommentsPermalink





‘(2) actions taken to resolve such complaints under this section, including cease and desist orders issued and forfeiture penalties assessed; andCommentsClose CommentsPermalink





‘(3) the length of time that was taken by the Commission to resolve each such complaint.CommentsClose CommentsPermalink





‘(c) Clearinghouse- The Commission shall, in coordination with the Architectural and Transportation Barriers Compliance Board and the National Telecommunications and Information Administration, establish a clearinghouse of information on the availability of accessible products and services and accessibility solutions required under sections 255 and 255A. 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.CommentsClose CommentsPermalink





‘(d) Outreach and Education- Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, 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 255A.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 255(a) of the Communications Act of 1934 (47 U.S.C. 255(a)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) TEXT MESSAGES- The transmission and receipt of text messages sent by radio to and from mobile wireless devices (made available through short message service or similar means) are telecommunications services for purposes of this section and the enforcement of this section under section 255B.’.CommentsClose CommentsPermalink

SEC. 105. UNIVERSAL SERVICE.

(a) Consumers With Disabilities- Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) by redesignating paragraph (7) as paragraph (8); andCommentsClose CommentsPermalink





(B) by inserting after paragraph (6) the following new paragraph:CommentsClose CommentsPermalink





‘(7) ACCESS BY CONSUMERS WITH DISABILITIES- Consumers with disabilities should have access to telecommunications services and IP-enabled communication services, including interexchange services and advanced telecommunications and information services.’; andCommentsClose CommentsPermalink





(2) in subsection (c), by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) INDIVIDUALS WITH DISABILITIES- Notwithstanding subsection (j), the Commission shall, in order to implement the principle established in subsection (b)(7), designate as services supported by Lifeline and Link Up assistance programs and other Federal universal service support mechanisms those telecommunications services and IP-enabled communication services that are needed by individuals with disabilities to engage in communication with one or more other individuals in a manner that is functionally equivalent to the ability of individuals without disabilities to engage in such communication.’.CommentsClose CommentsPermalink





(b) Allocation of USF for Services for Individuals With Disabilities- Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is further amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (i) through (l) as subsections (j) through (m), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (h) the following new subsection:CommentsClose CommentsPermalink





‘(i) Individuals Who Are Deaf-Blind-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Within 6 months after the date of the enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall establish rules that define as eligible for universal service support those programs that are certified by a State commission or approved by the Commission for the distribution of specialized customer premises equipment designed to make telecommunications service and IP-enabled communication service, including interexchange services and advanced telecommunications and information services, accessible by individuals who are deaf-blind.CommentsClose CommentsPermalink





‘(2) DEFINITION- For the purposes of this subsection, the term ‘individuals who are deaf-blind’ has the same meaning given such term in the Helen Keller National Center Act, as amended by the Rehabilitation Act Amendments of 1992 (29 U.S.C. 1905(2)).CommentsClose CommentsPermalink





‘(3) ANNUAL AMOUNT- The total amount of universal service support that may be obligated or expended under this subsection for any fiscal year may not exceed $10,000,000.’.CommentsClose CommentsPermalink

SEC. 106. EMERGENCY ACCESS AND REAL-TIME TEXT SUPPORT.

Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is further amended by inserting after section 255B (as added by section 104 of this Act) the following new section:CommentsClose CommentsPermalink

‘SEC. 255C. EMERGENCY ACCESS AND REAL-TIME TEXT SUPPORT.

‘(a) Duty of Providers of IP-Enabled Communication Service- In order to ensure equal access to emergency services by individuals with disabilities, as part of the migration to a national Internet Protocol-enabled emergency network, it shall be the duty of every IP-enabled communication service provider to ensure seamless real-time text communication between and among interconnected VoIP services, IP-enabled communication services, and telecommunications services.CommentsClose CommentsPermalink





‘(b) Regulations- Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall prescribe such regulations as are necessary to implement this section. In prescribing the regulations, the Commission shall--CommentsClose CommentsPermalink





‘(1) require that all IP-enabled communications services support a single real-time text standard, so that real-time text communication formats used on the networks of each provider of interconnected VoIP services, IP-enabled communication services, and telecommunications services will interoperate with every other such network and with gateways to the public switched network;CommentsClose CommentsPermalink





‘(2) require that--CommentsClose CommentsPermalink





‘(A) all providers of IP-enabled communication service that are required to be in compliance with this section shall transmit real-time text communication formats as text data, not audio tones; andCommentsClose CommentsPermalink





‘(B) such transmission shall have less than one percent character error in order to ensure accurate transmission; andCommentsClose CommentsPermalink





‘(3) establish deadlines by which providers of IP-enabled communication service shall comply with the requirements under paragraphs (1) and (2)’.CommentsClose CommentsPermalink

TITLE II--VIDEO PROGRAMMINGCommentsClose CommentsPermalink

SEC. 201. COMMISSION INQUIRY ON CLOSED CAPTIONING DECODER AND VIDEO DESCRIPTION CAPABILITY, USER INTERFACES, AND VIDEO PROGRAMMING GUIDES AND MENUS.

(a) Inquiry Required- Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall complete an inquiry on the following subjects:CommentsClose CommentsPermalink





(1) CLOSED-CAPTIONING DECODER AND VIDEO DESCRIPTION CAPABILITY- With respect to closed captioning decoder and video description capability, the Commission shall--CommentsClose CommentsPermalink





(A) identify--CommentsClose CommentsPermalink





(i) the formats and software commonly used by video programming providers or owners for exhibition on new technologies, including those used by IP-enabled communication services and digital wireless services; andCommentsClose CommentsPermalink





(ii) the related technical issues associated with the implementation of closed captioning and video description by means of such new technologies;CommentsClose CommentsPermalink





(B) identify the technical standards, protocols, and procedures needed for the transmission of closed captioning and video description by means of IP-enabled communication service and digital wireless services and equipment; andCommentsClose CommentsPermalink





(C) identify--CommentsClose CommentsPermalink





(i) technical standards, protocols, and procedures to enable video programming providers and owners to transmit emergency information in a manner that is accessible to individuals who are blind or visually impaired; andCommentsClose CommentsPermalink





(ii) the persons or parties obligated to create, receive, and transmit such emergency information in accordance with such standards, protocols, and procedures.CommentsClose CommentsPermalink





(2) USER INTERFACES- With respect to user interfaces, the Commission shall--CommentsClose CommentsPermalink





(A) identify the technical standards, protocols, and procedures needed to enable 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 IP-enabled communication services) to be capable of making its apparatus functions, including the receipt, display, navigation, or selection of video programming (and any other functions shared by, related to, or necessary to access such apparatus functions), accessible to and usable by individuals with disabilities; andCommentsClose CommentsPermalink





(B) identify the technical standards, protocols, and procedures needed to enable on-screen text menus and other visual indicators used to access the functions described in subparagraph (A) to be accompanied by audio output so that such menus or indicators are accessible to and usable by individuals who are blind or visually impaired.CommentsClose CommentsPermalink





(3) VIDEO PROGRAMMING GUIDES AND MENUS- With respect to video programming guides and menus, the Commission shall identify the technical standards, protocols, and procedures needed to enable video programming information and selection provided by means of a navigational device, guide, or menu to be accessible in real-time by individuals with disabilities who are unable to read the visual display.CommentsClose CommentsPermalink





(b) Report on Inquiry- Within one year after the date of enactment of this Act, the Commission shall submit to the Congress a report on the results of such inquiry.CommentsClose CommentsPermalink





(c) Definitions- For purposes of this section--CommentsClose CommentsPermalink





(1) the term ‘IP-enabled communication service’ has the meaning provided in section 3 of the Communications Act of 1934 (47 U.S.C. 153); andCommentsClose CommentsPermalink





(2) the terms ‘video description’ and ‘video programming’ have the meanings provided by section 713(g) of such Act (47 U.S.C. 613(g)).CommentsClose CommentsPermalink

SEC. 202. 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:CommentsClose CommentsPermalink





‘(u) Require that every apparatus designed to receive or display video programming (as such term is defined in section 713(g)) transmitted simultaneously with sound, including apparatus designed to receive or display video programming transmitted by means of IP-enabled communication services, that are shipped in interstate commerce or manufactured in the United States--CommentsClose CommentsPermalink





‘(1) be equipped with built-in closed caption decoding capability designed to display closed-captioned video programming;CommentsClose CommentsPermalink





‘(2) have sufficient capacity to make available the transmission and delivery of video description services as required by section 713(f); andCommentsClose CommentsPermalink





‘(3) have the capability to convey emergency information (as that term is defined in section 79.2 of the Commission’s regulations (47 CFR 79.2)), including Emergency Alert System messages, in a manner that is accessible to individuals who are blind or visually-impaired.’.CommentsClose CommentsPermalink





(b) Shipment in Commerce- Section 330(b) of the Communications Act of 1934 (47 U.S.C. 330) is amended--CommentsClose CommentsPermalink





(1) by striking the second sentence and inserting the following: ‘Such rules shall provide performance and display standards for such built-in decoder circuitry, the transmission and delivery of video description (as such term is defined in section 713(g)) services over technologies that are based in digital signals, IP-enabled communication services, wireless devices, or other methods, and the transmission of closed captioning over technologies that are based in IP-enabled communication services, wireless devices, or other technologies.’; andCommentsClose CommentsPermalink





(2) in the fourth sentence, by inserting ‘and video description service’ after ‘closed-captioning service’.CommentsClose CommentsPermalink





(c) Implementing Regulations- Within 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe such regulations as are necessary to implement, and are technically feasible for implementing, the amendments made by subsections (a) and (b).CommentsClose CommentsPermalink

SEC. 203. VIDEO DESCRIPTION AND CLOSED CAPTIONING.

(a) Video Description- Section 713 of the Communications Act of 1934 (47 U.S.C. 613) is amended by striking subsections (f) and (g) and inserting the following:CommentsClose CommentsPermalink





‘(f) Video Description-CommentsClose CommentsPermalink





‘(1) REINSTATEMENT OF RULES- The video description regulations of the Commission contained in the report and order identified as Implementation of Video Description of Video Programming, Report and Order (15 F.C.C.R. 15.230 (2000)), shall--CommentsClose CommentsPermalink





‘(A) be considered to be in full force and effect and ratified by law; andCommentsClose CommentsPermalink





‘(B) apply to video programming (as such term is defined in subsection (g)) that is first published or exhibited after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008.CommentsClose CommentsPermalink





‘(2) CONTINUING AUTHORITY OF THE COMMISSION- The Commission--CommentsClose CommentsPermalink





‘(A) shall, within 45 days after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008--CommentsClose CommentsPermalink





‘(i) publish its video description regulations contained in the report and order identified as Implementation of Video Description of Video Programming, Report and Order (15 F.C.C.R. 15,230 (2000)); andCommentsClose CommentsPermalink





‘(ii) apply the requirements of such report and order to video programming (as such term is defined in subsection (g));CommentsClose CommentsPermalink





‘(B) shall initiate a proceeding, to be completed within 18 months after such date of enactment, to--CommentsClose CommentsPermalink





‘(i) identify methods to convey emergency information (as that term is defined in section 79.2 of the Commission’s regulations (47 CFR 79.2)) in a manner accessible to individuals who are blind or visually-impaired; andCommentsClose CommentsPermalink





‘(ii) promulgate regulations that require video programming distributors (as that term is defined in section 79.1 of the Commission’s regulations (47 CFR 79.1)) to convey such emergency information in a manner accessible to individuals who are blind or visually-impaired, consistent with the requirements of such section of such regulations; andCommentsClose CommentsPermalink





‘(C) shall promulgate any other regulation that the Commission may find necessary to implement, enforce, or otherwise carry out the provisions of this section, including regulations to increase the amount of video description required to achieve full access to video programming for individuals who are blind or visually-impaired.CommentsClose CommentsPermalink





‘(3) REQUIREMENTS FOR RULES-CommentsClose CommentsPermalink





‘(A) Such regulations shall include an appropriate schedule of deadlines for the provision of video description of video programming.CommentsClose CommentsPermalink





‘(B) Such regulations may permit a provider of video programming or 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 result in an undue burden (as defined in subsection (e)). A provider shall be exempt from such requirements only after the Commission decides to grant any such petition.CommentsClose CommentsPermalink





‘(C) The Commission may exempt from the regulations established pursuant to paragraph (2)(C) services, classes of services, programs, classes of programs, equipment, or classes of equipment for which the Commission has determined that the application of such regulations would be economically burdensome to the providers of such services.CommentsClose CommentsPermalink





‘(g) Definitions- For purposes of this section:CommentsClose CommentsPermalink





‘(1) VIDEO DESCRIPTION- The term ‘video description’ means the insertion of audio narrated descriptions of the video programming’s key visual elements into natural pauses between the program’s dialogue.CommentsClose CommentsPermalink





‘(2) VIDEO PROGRAMMING- The term ‘video programming’ means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, even if such programming is distributed over the Internet or by some other means.’.CommentsClose CommentsPermalink





(b) Closed Captioning on Video Programming Distributed Over the Internet- Section 713 of such Act is further amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Deadlines for Captioning-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Such regulations shall include an appropriate schedule of deadlines for the provision of closed captioning of video programming.CommentsClose CommentsPermalink





‘(2) DEADLINES FOR INTERNET-DISTRIBUTED PROGRAMMING-CommentsClose CommentsPermalink





‘(A) Within 18 months after the date of date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall prescribe regulations that include an appropriate schedule of deadlines for the provision of closed captioning of video programming distributed to the public over the Internet.CommentsClose CommentsPermalink





‘(B) Consistent with the regulations promulgated under subsection (b), the regulations prescribed under this paragraph shall ensure the accessibility of video programming through the provision of captions on--CommentsClose CommentsPermalink





‘(i) pre-produced video programming that was previously captioned for television viewing;CommentsClose CommentsPermalink





‘(ii) live video programming; andCommentsClose CommentsPermalink





‘(iii) video programming first published or exhibited after the effective date of such regulations provided by or generally considered to be comparable to programming provided by multichannel programming distributors.’.CommentsClose CommentsPermalink





(c) Conforming Amendment- Section 713(d) of such Act is amended by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) a provider of video programming or program owner may petition the Commission for an exemption from the requirements of this section, and--CommentsClose CommentsPermalink





‘(A) the Commission may grant such petition upon a showing that the requirements contained in this section would result in an undue burden; andCommentsClose CommentsPermalink





‘(B) such exemption shall be effective only after the Commission grants such petition.’.CommentsClose CommentsPermalink

SEC. 204. USER INTERFACES REGULATIONS.

(a) Amendment- 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:CommentsClose CommentsPermalink





‘(z)(1) Require--CommentsClose CommentsPermalink





‘(A) that every 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 IP-enabled communication services, be designed, developed, and fabricated so that control of all apparatus functions enabling the receipt, display, navigation, or selection of video programming (and any other functions shared by, related to, or necessary to access such apparatus functions), are accessible to and usable by individuals with disabilities;CommentsClose CommentsPermalink





‘(B) that where on-screen text menus or other visual indicators are used to access the functions described in subparagraph (A), such apparatus be accompanied by audio output, so that such menus or indicators are accessible to and usable by individuals who are blind or visually impaired; andCommentsClose CommentsPermalink





‘(C) a conspicuous means of accessing closed captioning and video description, including--CommentsClose CommentsPermalink





‘(i) the inclusion of a button on the remote control of such apparatus designated for activating the closed caption function; andCommentsClose CommentsPermalink





‘(ii) the inclusion of ‘closed captions’ and ‘video description’ on the top tier of the on-screen menu of such apparatus.CommentsClose CommentsPermalink





‘(2) For purposes of this subsection, the terms ‘video description’ and ‘video programming’ have the meanings given such terms in section 713(g).’.CommentsClose CommentsPermalink





(b) Implementing Regulations- Within 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe such regulations as are necessary to implement, and are technically feasible for implementing, the amendments made by subsection (a).CommentsClose CommentsPermalink

SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS.

(a) Amendment- 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:CommentsClose CommentsPermalink





‘(aa) Require each provider or owner of video programming (as such term is defined in section 713(g)) and each multichannel programming distributor to ensure that video programming information and selection provided by means of a navigational device, guide, or menu is accessible in real-time by individuals with disabilities who are unable to read the visual display.’.CommentsClose CommentsPermalink





(b) Implementing Regulations- Within 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe such regulations as are necessary to implement, and are technically feasible for implementing, the amendments made by subsection (a).CommentsClose CommentsPermalink