Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	7,770	n/a	n/a
Reported in House	12,383	510	80%
Engrossed in House	12,163	32	8%
Placed on Calendar Senate	12,163	8 Show Changes Hide Changes	0%

Display Version Introduced in House Reported in House Engrossed in House Placed on Calendar Senate

HR 3101 EHPCSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3101CommentsClose CommentsPermalink

AN ACTCommentsClose 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 2010’.CommentsClose CommentsPermalink





(b) Table of Contents-CommentsClose CommentsPermalink





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





Sec. 2. Limitation on liability.CommentsClose CommentsPermalink





Sec. 3. Proprietary technology.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. 105. Emergency Access Advisory Committee.CommentsClose CommentsPermalink





Sec. 106. Relay services for deaf-blind individuals.CommentsClose CommentsPermalink

TITLE II--VIDEO PROGRAMMING

Sec. 201. Video Programming and Emergency Access Advisory Committee.CommentsClose CommentsPermalink





Sec. 202. Video description and closed captioning.CommentsClose CommentsPermalink





Sec. 203. Closed captioning decoder and video description capability.CommentsClose CommentsPermalink





Sec. 204. User interfaces on digital apparatus.CommentsClose CommentsPermalink





Sec. 205. Access to video programming guides and menus provided on navigation devices.CommentsClose CommentsPermalink





Sec. 206. Definitions.CommentsClose CommentsPermalink

TITLE III--PAYGO COMPLIANCE

Sec. 301. PAYGO Compliance.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

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.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) ADVANCED COMMUNICATIONS SERVICES- The term ‘advanced communications services’ means--CommentsClose CommentsPermalink





‘(A) interconnected VoIP service;CommentsClose CommentsPermalink





‘(B) non-interconnected VoIP service;CommentsClose CommentsPermalink





‘(C) electronic messaging service; andCommentsClose CommentsPermalink





‘(D) video conferencing service.CommentsClose CommentsPermalink





‘(54) 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).CommentsClose CommentsPermalink





‘(55) ELECTRONIC MESSAGING SERVICE- The term ‘electronic messaging service’ means a service that provides non-voice messages in text form between individuals over communications networks.CommentsClose CommentsPermalink





‘(56) 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.CommentsClose CommentsPermalink





‘(57) NON-INTERCONNECTED VOIP SERVICE- The term ‘non-interconnected VoIP service’--CommentsClose CommentsPermalink





‘(A) means a service that--CommentsClose CommentsPermalink





‘(i) enables real-time voice communications that originate from or terminate to the user’s location using Internet protocol or any successor protocol; andCommentsClose CommentsPermalink





‘(ii) requires Internet protocol compatible customer premises equipment; andCommentsClose CommentsPermalink





‘(B) does not include any service that is an interconnected VoIP service.CommentsClose CommentsPermalink





‘(58) 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.’; 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) Compatibility Requirements-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) All essential telephones.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink





(2) ADDITIONAL AMENDMENTS- Section 710(b) of the Communications Act of 1934 (47 U.S.C. 610(b)) is further amended--CommentsClose CommentsPermalink





(A) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) in the matter preceding clause (i)--CommentsClose CommentsPermalink

(aa) by striking ‘initial’;CommentsClose CommentsPermalink

(bb) by striking ‘of this subsection after the date of enactment of the Hearing Aid Compatibility Act of 1988’; andCommentsClose CommentsPermalink

(cc) by striking ‘paragraph (1)(B) of this subsection’ and inserting ‘subparagraphs (B) and (C) of paragraph (1)’;CommentsClose CommentsPermalink

(II) by inserting ‘and’ at the end of clause (ii);CommentsClose CommentsPermalink





(III) by striking clause (iii); andCommentsClose CommentsPermalink





(IV) by redesignating clause (iv) as clause (iii);CommentsClose CommentsPermalink





(ii) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); andCommentsClose CommentsPermalink





(iii) in subparagraph (B) (as so redesignated)--CommentsClose CommentsPermalink





(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.’; andCommentsClose CommentsPermalink





(II) in each of clauses (iii) and (iv), by striking ‘paragraph (1)(B)’ and inserting ‘subparagraph (B) or (C) of paragraph (1)’;CommentsClose CommentsPermalink





(B) in paragraph (4)(B)--CommentsClose CommentsPermalink





(i) by striking ‘public mobile’ and inserting ‘telephones used with public mobile’;CommentsClose CommentsPermalink





(ii) by inserting ‘telephones and other customer premises equipment used in whole or in part with’ after ‘means’;CommentsClose CommentsPermalink





(iii) by striking ‘and’ after ‘public land mobile telephone service,’ and inserting ‘or’;CommentsClose CommentsPermalink





(iv) by striking ‘part 22 of’; andCommentsClose CommentsPermalink





(v) by inserting after ‘Regulations’ the following: ‘, or any functionally equivalent unlicensed wireless services’; andCommentsClose CommentsPermalink





(C) in paragraph (4)(C)--CommentsClose CommentsPermalink





(i) by striking ‘term ‘private radio services’ and inserting ‘term ‘telephones used with private radio services’; andCommentsClose CommentsPermalink





(ii) by inserting ‘telephones and other customer premises equipment used in whole or in part with’ after ‘means’.CommentsClose CommentsPermalink





(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.’.CommentsClose CommentsPermalink





(c) Rulemaking- Section 710(e) of the Communications Act of 1934 (47 U.S.C. 610(e)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘impairments’ and inserting ‘loss’; andCommentsClose CommentsPermalink





(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(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.’.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 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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink

‘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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(h) Telecommunications Relay Services Policy Advisory Council-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) to conduct their meetings in a manner that is open to the public;CommentsClose CommentsPermalink





‘(B) to make a complete and comprehensive record of such proceedings publicly available;CommentsClose CommentsPermalink





‘(C) to establish safeguards to identify and mitigate conflicts of interest with respect to members of the Policy Advisory Council; andCommentsClose CommentsPermalink





‘(D) to advise the Commission in the development or proposal of any major changes or new rules relating to telecommunications relay services.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) Individuals who are consumers of telecommunications relay services.CommentsClose CommentsPermalink





‘(B) Representatives of State commissions with jurisdiction over intrastate telecommunications relay services.CommentsClose CommentsPermalink





‘(C) Representatives of providers of telecommunications relay services.CommentsClose CommentsPermalink





‘(3) COLLECTION AND DISSEMINATION OF INFORMATION AND ADVICE- The Commission--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Policy Advisory Council.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(i) Followup Proceeding-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) concerning how the Commission is ensuring that telecommunications relay service customers have access to improved technologies, interoperability, and functionalities; andCommentsClose CommentsPermalink





‘(B) identifying impediments to the broad and efficient use of telecommunications relay services in the workplace.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘SEC. 716. ACCESS TO INTERNET-BASED EQUIPMENT AND SERVICES.

‘(a) Access to Equipment-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) INDUSTRY FLEXIBILITY- A manufacturer of equipment may satisfy the requirements of paragraph (1) with respect to such equipment by--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(b) Access to Services-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) INDUSTRY FLEXIBILITY- A provider of services may satisfy the requirements of paragraph (1) with respect to such services by--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(e) Regulations-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(C) determine the obligations under this section of manufacturers, service providers, and providers of applications.CommentsClose CommentsPermalink





‘(2) PROSPECTIVE GUIDELINES- The Commission shall issue prospective guidelines for a manufacturer or provider regarding the requirements of this section.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(g) Achievable Defined- For purposes of this section and section 718, 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:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) The financial resources of the manufacturer or provider.CommentsClose CommentsPermalink





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





‘(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.CommentsClose CommentsPermalink





‘(h) Commission Flexibility-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) is capable of accessing an advanced communications service; andCommentsClose CommentsPermalink





‘(B) is designed for multiple purposes, but is designed primarily for purposes other than using advanced communications services.CommentsClose CommentsPermalink





‘(2) SMALL ENTITY EXEMPTION- The Commission may exempt small entities from the requirements of this section.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink

‘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, 716, or 718, 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: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, 716, or 718.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, 716, or 718.CommentsClose CommentsPermalink





‘(3) COMPLAINTS TO THE COMMISSION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Any person alleging a violation of section 255, 716, or 718 by a manufacturer of equipment or provider of service subject to such sections may file a formal or informal complaint with the Commission.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(ii) NO VIOLATION- If a determination is made that a violation has not occurred, the Commission shall provide the basis for such determination.CommentsClose CommentsPermalink





‘(C) CONSOLIDATION OF COMPLAINTS- The Commission may consolidate for investigation and resolution complaints alleging substantially the same violation.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(5) RECORDKEEPING-CommentsClose CommentsPermalink





‘(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, 716, or 718 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, 716, or 718, including the following:CommentsClose CommentsPermalink





‘(i) Information about the manufacturer’s or provider’s efforts to consult with individuals with disabilities.CommentsClose CommentsPermalink





‘(ii) Descriptions of the accessibility features of its products and services.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(7) COMMISSION JURISDICTION- The limitations of section 255(f) shall apply to any claim that alleges a violation of section 255, 716, or 718. Nothing in this paragraph affects or limits any action for mandamus under paragraph (6) or any appeal pursuant to section 402(b)(10).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(b) Reports to Congress-CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) An assessment of the level of compliance with sections 255, 716, and 718.CommentsClose CommentsPermalink





‘(B) An evaluation of the extent to which any accessibility barriers still exist with respect to new communications technologies.CommentsClose CommentsPermalink





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





‘(D) A description of the actions taken to resolve such complaints under this section, including forfeiture penalties assessed.CommentsClose CommentsPermalink





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





‘(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).CommentsClose CommentsPermalink





‘(G) An assessment of the effect of the requirements of this section on the development and deployment of new communications technologies.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Comptroller General Enforcement Study-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Comptroller General shall conduct a study to consider and evaluate the following:CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(B) Whether the enforcement actions taken by the Commission pursuant to this section have been appropriate and effective in ensuring compliance with this section.CommentsClose CommentsPermalink





‘(C) Whether the enforcement provisions under this section are adequate to ensure compliance with this section.CommentsClose CommentsPermalink





‘(D) An assessment of the effect of the requirements of this section on the development and deployment of new communications technologies.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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, 716, and 718. 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





‘(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, 716, and 718.CommentsClose CommentsPermalink

‘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--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(b) Industry Flexibility- A manufacturer or provider may satisfy the requirements of subsection (a) with respect to such telephone or services by--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(F) Subject to paragraph (5) of this section, if the violator is a manufacturer or service provider subject to the requirements of section 255, 716, or 718, 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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink

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’).CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) providers of interconnected and non-interconnected VoIP services;CommentsClose CommentsPermalink





(B) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of interconnected and non-interconnected VoIP services;CommentsClose CommentsPermalink





(C) national organizations representing individuals with disabilities and senior citizens;CommentsClose CommentsPermalink





(D) Federal agencies or departments responsible for the implementation of the Next Generation E 9-1-1 system;CommentsClose CommentsPermalink





(E) the National Institute of Standards and Technology; andCommentsClose CommentsPermalink





(F) other individuals with such technical knowledge and expertise.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) for protocols, technical capabilities, and technical requirements to ensure reliability and interoperability necessary to ensure access to emergency services by individuals with disabilities;CommentsClose CommentsPermalink





(3) for the establishment of technical standards for use by public safety answering points, designated default answering points, and local emergency authorities;CommentsClose CommentsPermalink





(4) for relevant technical standards and requirements for communication devices and equipment and technologies to enable the use of reliable emergency access;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Meetings-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Procedural Rules-CommentsClose CommentsPermalink





(1) QUORUM- One-third of the members of the Advisory Committee shall constitute a quorum for conducting business of the Advisory Committee.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) ADDITIONAL PROCEDURAL RULES- The Advisory Committee may adopt other procedural rules as needed.CommentsClose CommentsPermalink





(f) Federal Advisory Committee Act- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(i) Definitions- In this section--CommentsClose CommentsPermalink





(1) the term ‘Commission’ means the Federal Communications Commission;CommentsClose CommentsPermalink





(2) the term ‘Chairman’ means the Chairman of the Federal Communications Commission; andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

TITLE II--VIDEO PROGRAMMINGCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) Representatives of distributors and providers of video programming or national organizations representing such distributors and providers.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) Representatives of manufacturers of consumer electronics or information technology equipment or a national organization representing such manufacturers.CommentsClose CommentsPermalink





(4) Representatives of national organizations representing accessibility advocates, including individuals with disabilities and the elderly.CommentsClose CommentsPermalink





(5) Representatives of the broadcast television industry or a national organization representing such industry.CommentsClose CommentsPermalink





(6) Other individuals with technical and engineering expertise, as the Chairman determines appropriate.CommentsClose CommentsPermalink





(c) Commission Oversight- The Chairman shall appoint a member of the Commission’s staff to moderate and direct the work of the Advisory Committee.CommentsClose CommentsPermalink





(d) Technical Staff- The Commission shall appoint a member of the Commission’s technical staff to provide technical assistance to the Advisory Committee.CommentsClose CommentsPermalink





(e) Development of Recommendations-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(f) Meetings-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) OTHER MEETINGS- After the initial meeting, the Advisory Committee shall meet at the call of the Chairman.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(g) Procedural Rules-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) ADDITIONAL PROCEDURAL RULES- The Advisory Committee may adopt other procedural rules as needed.CommentsClose CommentsPermalink





(h) Federal Advisory Committee Act- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by striking subsections (f) and (g);CommentsClose CommentsPermalink





(2) by redesignating subsection (h) as subsection (j); andCommentsClose CommentsPermalink





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





‘(f) Video Description-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(2) MODIFICATIONS TO REINSTATED REGULATIONS- Such regulations shall be modified only as follows:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(E) The regulations shall not apply to live or near-live programming.CommentsClose CommentsPermalink





‘(F) The regulations shall provide for an appropriate phased schedule of deadlines for compliance.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) CONTINUING COMMISSION AUTHORITY-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(B) FURTHER REQUIREMENTS-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) the types of described video programming that is available to consumers;CommentsClose CommentsPermalink





‘(II) consumer use of such programming;CommentsClose CommentsPermalink





‘(III) the costs to program owners, providers, and distributors of creating such programming;CommentsClose CommentsPermalink





‘(IV) the benefits to consumers of such programming;CommentsClose CommentsPermalink





‘(V) the amount of such programming currently available; andCommentsClose CommentsPermalink





‘(VI) the need for additional described programming.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) APPLICATION TO DESIGNATED MARKET AREAS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(2) promulgate regulations that require certain designated 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.CommentsClose CommentsPermalink





‘(h) Responsibilities-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(i) Definitions- For purposes of this section, section 303, and section 330:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) VIDEO PROGRAMMING- The term ‘video programming’ has the meaning given such term in section 602.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(c) Deadlines for Captioning-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) DEADLINES FOR PROGRAMMING DELIVERED USING INTERNET PROTOCOL-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(D) REQUIREMENTS FOR REGULATIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The regulations prescribed under this paragraph--CommentsClose CommentsPermalink





‘(I) shall contain a definition of ‘near-live programming’ and ‘edited for Internet distribution’;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.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) a provider of video programming or program owner may petition the Commission for an exemption from the requirements of this section;CommentsClose CommentsPermalink





‘(B) the Commission may grant such petition upon a showing that the requirements contained in this section would be economically burdensome;CommentsClose CommentsPermalink





‘(C) during the pendency of such a petition, such provider or owner shall be exempt from the requirements of this section; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Report to Congress-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) assessing the benefits to and use by consumers of closed captioning of video programming that is distributed only over the Internet for consumers; andCommentsClose CommentsPermalink





(C) making recommendations, if any, of whether Congress should adopt or the Commission should implement a closed captioning requirement for such programming.CommentsClose CommentsPermalink





(2) UPDATES- The Commission shall periodically update the report to the Committees as it determines appropriate.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(u) Require that--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) be equipped with built-in closed caption decoder circuitry or capability designed to display closed-captioned video programming;CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(2) notwithstanding paragraph (1) of this subsection--CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(C) the Commission shall have the authority to waive the requirements of this subsection for any apparatus or class of apparatus.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(z) Require that--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





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





(1) by striking ‘section 303(u)’ in the first sentence and inserting ‘subsections (u) and (z) of section 303’;CommentsClose CommentsPermalink





(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.’; andCommentsClose CommentsPermalink





(3) in the fourth sentence, by striking ‘closed-captioning service continues’ and inserting ‘closed-captioning service and video description service continue’.CommentsClose CommentsPermalink





(d) Implementing Regulations-CommentsClose CommentsPermalink





(1) IN GENERAL- The Federal Communications Commission shall, after consideration of the Advisory Committee reports required by section 201(e), 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, needed for the transmission of--CommentsClose CommentsPermalink





(A) closed captioning within 6 months after the submission to the Commission of the Advisory Committee report required by section section 201(e)(1); andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(aa) Require--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(3) that built-in user controls on such apparatus shall be capable of accessing closed captioning, including--CommentsClose CommentsPermalink





‘(A) if a remote control is provided with the apparatus--CommentsClose CommentsPermalink





‘(i) a button, key, or icon on the remote control of such apparatus designated for activating closed captioning; orCommentsClose CommentsPermalink





‘(ii) any other mechanism that provides a substantially equivalent level of accessibility; andCommentsClose CommentsPermalink





‘(B) if on-screen menus are displayed on such apparatus--CommentsClose CommentsPermalink





‘(i) the inclusion of ‘closed captions’ and ‘video description’ on the first menu that appears; orCommentsClose CommentsPermalink





‘(ii) any other mechanism that provides a substantially equivalent level of accessibility; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Implementing Regulations-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(bb) Require--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Implementing Regulations-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) EXEMPTION- Such regulations may provide an exemption from the regulations for cable systems serving 50,000 or fewer subscribers.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) SEPARATE EQUIPMENT OR SOFTWARE-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(6) PHASE-IN-CommentsClose CommentsPermalink





(A) IN GENERAL- The Commission shall provide affected entities with--CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(B) APPLICATION- Such regulations shall apply only to devices manufactured or imported on or after the respective effective dates established in subparagraph (A).CommentsClose CommentsPermalink

SEC. 206. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) ADVISORY COMMITTEE- The term ‘Advisory Committee’ means the advisory committee established in section 201.CommentsClose CommentsPermalink





(2) CHAIRMAN- The term ‘Chairman’ means the Chairman of the Federal Communications Commission.CommentsClose CommentsPermalink





(3) COMMISSION- The term ‘Commission’ means the Federal Communications Commission.CommentsClose CommentsPermalink





(4) EMERGENCY INFORMATION- The term ‘emergency information’ has the meaning given such term in section 79.2 of title 47, Code of Federal Regulations.CommentsClose CommentsPermalink





(5) INTERNET PROTOCOL- The term ‘Internet protocol’ includes Transmission Control Protocol and a successor protocol or technology to Internet protocol.CommentsClose CommentsPermalink





(6) NAVIGATION DEVICE- The term ‘navigation device’ has the meaning given such term in section 76.1200 of title 47, Code of Federal Regulations.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

TITLE III--PAYGO COMPLIANCECommentsClose CommentsPermalink

SEC. 301. PAYGO COMPLIANCE.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.CommentsClose CommentsPermalink

Passed the House of Representatives July 26, 2010.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

LORRAINE C. MILLER, CommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3101CommentsClose CommentsPermalink

AN ACTCommentsClose 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