[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3304 Enrolled Bill (ENR)]
S.3304
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To increase the access of persons with disabilities to modern
communications, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Twenty-First
Century Communications and Video Accessibility Act of 2010''.
(b) Table of Contents.--

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e98c4387354b4d89f1b8e44fb949ef4cb89308fbc94559d869d0ca1390b00cf5

TITLE II

-VIDEO PROGRAMMING

(a) In General.--Except as provided in subsection (b), no person
shall be liable for a violation of the requirements of this Act (or of
the provisions of the Communications Act of 1934 that are amended or
added by this Act) with respect to video programming, online content,
applications, services, advanced communications services, or equipment
used to provide or access advanced communications services to the
extent such person--
(1) transmits, routes, or stores in intermediate or transient
storage the communications made available through the provision of
advanced communications services by a third party; or
(2) provides an information location tool, such as a directory,
index, reference, pointer, menu, guide, user interface, or
hypertext link, through which an end user obtains access to such
video programming, online content, applications, services, advanced
communications services, or equipment used to provide or access
advanced communications services.
(b) Exception.--The limitation on liability under subsection (a)
shall not apply to any person who 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) with respect to
video programming, online content, applications, services, advanced
communications services, or equipment used to provide or access
advanced communications services.

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No action taken by the Federal Communications Commission to
implement this Act or any amendment made by this Act shall mandate the
use or incorporation of proprietary technology.

db9ba442faabf75f786058ba690549230593e740ee042587766fca970c4bde41

Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(1) by adding at the end the following new paragraphs:
``(53) Advanced communications services.--The term `advanced
communications services' means--
``(A) interconnected VoIP service;
``(B) non-interconnected VoIP service;
``(C) electronic messaging service; and
``(D) interoperable video conferencing service.
``(54) Consumer generated media.--The term `consumer generated
media' means content created and made available by consumers to
online websites and services on the Internet, including video,
audio, and multimedia content.
``(55) Disability.--The term `disability' has the meaning given
such term under section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102).
``(56) Electronic messaging service.--The term `electronic
messaging service' means a service that provides real-time or near
real-time non-voice messages in text form between individuals over
communications networks.
``(57) Interconnected voip service.--The term `interconnected
VoIP service' has the meaning given such term under section 9.3 of
title 47, Code of Federal Regulations, as such section may be
amended from time to time.
``(58) Non-interconnected voip service.--The term `non-
interconnected VoIP service'--
``(A) means a service that--
``(i) enables real-time voice communications that
originate from or terminate to the user's location using
Internet protocol or any successor protocol; and
``(ii) requires Internet protocol compatible customer
premises equipment; and
``(B) does not include any service that is an
interconnected VoIP service.
``(59) Interoperable video conferencing service.--The term
`interoperable video conferencing service' means a service that
provides real-time video communications, including audio, to enable
users to share information of the user's choosing.''; and
(2) by reordering paragraphs (1) through (52) and the
paragraphs added by paragraph (1) of this section in alphabetical
order based on the headings of such paragraphs and renumbering such
paragraphs as so reordered.

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TITLE I

-COMMUNICATIONS ACCESS

(a) Compatibility Requirements.--
(1) Telephone service for the disabled.--Section 710(b)(1) of
the Communications Act of 1934 (47 U.S.C. 610(b)(1)) is amended to
read as follows:
``(b)(1) Except as provided in paragraphs (2) and (3) and
subsection (c), the Commission shall require that customer premises
equipment described in this paragraph provide internal means for
effective use with hearing aids that are designed to be compatible with
telephones which meet established technical standards for hearing aid
compatibility. Customer premises equipment described in this paragraph
are the following:
``(A) All essential telephones.
``(B) All telephones manufactured in the United States (other
than for export) more than one year after the date of enactment of
the Hearing Aid Compatibility Act of 1988 or imported for use in
the United States more than one year after such date.
``(C) All customer premises equipment used with advanced
communications services that is designed to provide 2-way voice
communication via a built-in speaker intended to be held to the ear
in a manner functionally equivalent to a telephone, subject to the
regulations prescribed by the Commission under subsection (e).''.
(2) Additional amendments.--Section 710(b) of the
Communications Act of 1934 (47 U.S.C. 610(b)) is further amended--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i)--
(aa) by striking ``initial'';
(bb) by striking ``of this subsection after the
date of enactment of the Hearing Aid Compatibility
Act of 1988''; and
(cc) by striking ``paragraph (1)(B) of this
subsection'' and inserting ``subparagraphs (B) and
(C) of paragraph (1)'';
(II) by inserting ``and'' at the end of clause
(ii);
(III) by striking clause (iii); and
(IV) by redesignating clause (iv) as clause (iii);
(ii) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(iii) in subparagraph (B) (as so redesignated)--
(I) by striking the first sentence and inserting
``The Commission shall periodically assess the
appropriateness of continuing in effect the exemptions
for telephones and other customer premises equipment
described in subparagraph (A) of this paragraph.''; and
(II) in each of clauses (iii) and (iv), by striking
``paragraph (1)(B)'' and inserting ``subparagraph (B)
or (C) of paragraph (1)'';
(B) in paragraph (4)(B)--
(i) by striking ``public mobile'' and inserting
``telephones used with public mobile'';
(ii) by inserting ``telephones and other customer
premises equipment used in whole or in part with'' after
``means'';
(iii) by striking ``and'' after ``public land mobile
telephone service,'' and inserting ``or'';
(iv) by striking ``part 22 of''; and
(v) by inserting after ``Regulations'' the following:
``, or any functionally equivalent unlicensed wireless
services''; and
(C) in paragraph (4)(C)--
(i) by striking ``term `private radio services''' and
inserting ``term `telephones used with private radio
services'''; and
(ii) by inserting ``telephones and other customer
premises equipment used in whole or in part with'' after
``means''.
(b) Technical Standards.--Section 710(c) of the Communications Act
of 1934 (47 U.S.C. 610(c)) is amended by adding at the end the
following: ``A telephone or other customer premises equipment that is
compliant with relevant technical standards developed through a public
participation process and in consultation with interested consumer
stakeholders (designated by the Commission for the purposes of this
section) will be considered hearing aid compatible for purposes of this
section, until such time as the Commission may determine otherwise. The
Commission shall consult with the public, including people with hearing
loss, in establishing or approving such technical standards. The
Commission may delegate this authority to an employee pursuant to
section 5(c). The Commission shall remain the final arbiter as to
whether the standards meet the requirements of this section.''.
(c) Rulemaking.--Section 710(e) of the Communications Act of 1934
(47 U.S.C. 610(e)) is amended--
(1) by striking ``impairments'' and inserting ``loss''; and
(2) by adding at the end the following sentence: ``In
implementing the provisions of subsection (b)(1)(C), the Commission
shall use appropriate timetables or benchmarks to the extent
necessary (1) due to technical feasibility, or (2) to ensure the
marketability or availability of new technologies to users.''.
(d) Rule of Construction.--Section 710(h) of the Communications Act
of 1934 (47 U.S.C. 610(h)) is amended to read as follows:
``(h) Rule of Construction.--Nothing in the Twenty-First Century
Communications and Video Accessibility Act of 2010 shall be construed
to modify the Commission's regulations set forth in section 20.19 of
title 47 of the Code of Federal Regulations, as in effect on the date
of enactment of such Act.''.

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(a) Definition.--Paragraph (3) of section 225(a) of the
Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended to read as
follows:
``(3) Telecommunications relay services.--The term
`telecommunications relay services' means telephone transmission
services that provide the ability for an individual who is deaf,
hard of hearing, deaf-blind, or who has a speech disability to
engage in communication by wire or radio with one or more
individuals, in a manner that is functionally equivalent to the
ability of a hearing individual who does not have a speech
disability to communicate using voice communication services by
wire or radio.''.
(b) Internet Protocol-based Relay Services.--Title VII of such Act
(47 U.S.C. 601 et seq.) is amended by adding at the end the following
new section:
``SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES.
``Within one year after the date of enactment of the Twenty-First
Century Communications and Video Accessibility Act of 2010, each
interconnected VoIP service provider and each provider of non-
interconnected VoIP service shall participate in and contribute to the
Telecommunications Relay Services Fund established in section
64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in
effect on the date of enactment of such Act, in a manner prescribed by
the Commission by regulation to provide for obligations of such
providers that are consistent with and comparable to the obligations of
other contributors to such Fund.''.

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(a) Title VII Amendment.--Title VII of the Communications Act of
1934 (47 U.S.C. 601 et seq.), as amended by section 103, is further
amended by adding at the end the following new sections:
``SEC. 716. ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT.
``(a) Manufacturing.--
``(1) In general.--With respect to equipment manufactured after
the effective date of the regulations established pursuant to
subsection (e), and subject to those regulations, a manufacturer of
equipment used for advanced communications services, including end
user equipment, network equipment, and software, shall ensure that
the equipment and software that such manufacturer offers for sale
or otherwise distributes in interstate commerce shall be accessible
to and usable by individuals with disabilities, unless the
requirements of this subsection are not achievable.
``(2) Industry flexibility.--A manufacturer of equipment may
satisfy the requirements of paragraph (1) with respect to such
equipment by--
``(A) ensuring that the equipment that such manufacturer
offers is accessible to and usable by individuals with
disabilities without the use of third party applications,
peripheral devices, software, hardware, or customer premises
equipment; or
``(B) if such manufacturer chooses, using third party
applications, peripheral devices, software, hardware, or
customer premises equipment that is available to the consumer
at nominal cost and that individuals with disabilities can
access.
``(b) Service Providers.--
``(1) In general.--With respect to services provided after the
effective date of the regulations established pursuant to
subsection (e), and subject to those regulations, a provider of
advanced communications services shall ensure that such services
offered by such provider in or affecting interstate commerce are
accessible to and usable by individuals with disabilities, unless
the requirements of this subsection are not achievable.
``(2) Industry flexibility.--A provider of services may satisfy
the requirements of paragraph (1) with respect to such services
by--
``(A) ensuring that the services that such provider offers
are accessible to and usable by individuals with disabilities
without the use of third party applications, peripheral
devices, software, hardware, or customer premises equipment; or
``(B) if such provider chooses, using third party
applications, peripheral devices, software, hardware, or
customer premises equipment that is available to the consumer
at nominal cost and that individuals with disabilities can
access.
``(c) Compatibility.--Whenever the requirements of subsections (a)
or (b) are not achievable, a manufacturer or provider shall ensure that
its 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 is not achievable.
``(d) Network Features, Functions, and Capabilities.--Each provider
of advanced communications services has the duty not to install network
features, functions, or capabilities that do not impede accessibility
or usability.
``(e) Regulations.--
``(1) In general.--Within one year after the date of enactment
of the Twenty-First Century Communications and Video Accessibility
Act of 2010, the Commission shall promulgate such regulations as
are necessary to implement this section. In prescribing the
regulations, the Commission shall--
``(A) include performance objectives to ensure the
accessibility, usability, and compatibility of advanced
communications services and the equipment used for advanced
communications services by individuals with disabilities;
``(B) provide that advanced communications services, the
equipment used for advanced communications services, and
networks used to provide advanced communications services may
not impair or impede the accessibility of information content
when accessibility has been incorporated into that content for
transmission through advanced communications services,
equipment used for advanced communications services, or
networks used to provide advanced communications services;
``(C) determine the obligations under this section of
manufacturers, service providers, and providers of applications
or services accessed over service provider networks; and
``(D) not mandate technical standards, except that the
Commission may adopt technical standards as a safe harbor for
such compliance if necessary to facilities the manufacturers'
and service providers' compliance with sections (a) through
(c).
``(2) Prospective guidelines.--The Commission shall issue
prospective guidelines for a manufacturer or provider regarding the
requirements of this section.
``(f) Services and Equipment Subject to Section 255.--The
requirements of this section shall not apply to any equipment or
services, including interconnected VoIP service, that are subject to
the requirements of section 255 on the day before the date of enactment
of the Twenty-First Century Communications and Video Accessibility Act
of 2010. Such services and equipment shall remain subject to the
requirements of section 255.
``(g) Achievable Defined.--For purposes of this section and section
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:
``(1) The nature and cost of the steps needed to meet the
requirements of this section with respect to the specific equipment
or service in question.
``(2) The technical and economic impact on the operation of the
manufacturer or provider and on the operation of the specific
equipment or service in question, including on the development and
deployment of new communications technologies.
``(3) The type of operations of the manufacturer or provider.
``(4) The extent to which the service provider or manufacturer
in question offers accessible services or equipment containing
varying degrees of functionality and features, and offered at
differing price points.
``(h) Commission Flexibility.--
``(1) Waiver.--The Commission shall have the authority, on its
own motion or in response to a petition by a manufacturer or
provider of advanced communications services or any interested
party, 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, for
any provider of advanced communications services, or for any class
of such services, that--
``(A) is capable of accessing an advanced communications
service; and
``(B) is designed for multiple purposes, but is designed
primarily for purposes other than using advanced communications
services.
``(2) Small entity exemption.--The Commission may exempt small
entities from the requirements of this section.
``(i) Customized Equipment or Services.--The provisions of this
section shall not apply to customized equipment or services that are
not offered directly to the public, or to such classes of users as to
be effectively available directly to the public, regardless of the
facilities used.
``(j) Rule of Construction.--This section shall not be construed to
require a manufacturer of equipment used for advanced communications or
a provider of advanced communications services to make every feature
and function of every device or service accessible for every
disability.
``SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGATIONS.
``(a) Complaint and Enforcement Procedures.--Within one year after
the date of enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Commission shall establish
regulations that facilitate the filing of formal and informal
complaints that allege a violation of section 255, 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:
``(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.
``(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.
``(3) Complaints to the commission.--
``(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.
``(B) Investigation of informal complaint.--The Commission
shall investigate the allegations in an informal complaint and,
within 180 days after the date on which such complaint was
filed with the Commission, issue an order concluding the
investigation, unless such complaint is resolved before such
time. The order shall include a determination whether any
violation occurred.
``(i) If the Commission determines that a violation has
occurred, the Commission may, in the order issued under
this subparagraph or in a subsequent order, direct the
manufacturer or service provider to bring the service, or
in the case of a manufacturer, the next generation of the
equipment or device, into compliance with requirements of
those sections within a reasonable time established by the
Commission in its order.
``(ii) No violation.--If a determination is made that a
violation has not occurred, the Commission shall provide
the basis for such determination.
``(C) Consolidation of complaints.--The Commission may
consolidate for investigation and resolution complaints
alleging substantially the same violation.
``(4) Opportunity to respond.--Before the Commission makes a
determination pursuant to paragraph (3), the party that is the
subject of the complaint shall have a reasonable opportunity to
respond to such complaint, and may include in such response any
factors that are relevant to such determination. Before issuing a
final order under paragraph (3)(B)(i), the Commission shall provide
such party a reasonable opportunity to comment on any proposed
remedial action.
``(5) Recordkeeping.--(A) Beginning one year after the
effective date of regulations promulgated pursuant to section
716(e), each manufacturer and provider subject to sections 255,
716, and 718 shall maintain, in the ordinary course of business and
for a reasonable period, records of the efforts taken by such
manufacturer or provider to implement sections 255, 716, and 718,
including the following:
``(i) Information about the manufacturer's or
provider's efforts to consult with individuals with
disabilities.
``(ii) Descriptions of the accessibility features of
its products and services.
``(iii) Information about the compatibility of such
products and services with peripheral devices or
specialized customer premise equipment commonly used by
individuals with disabilities to achieve access.
``(B) An officer of a manufacturer or provider shall submit to
the Commission an annual certification that records are being kept
in accordance with subparagraph (A).
``(C) After the filing of a formal or informal complaint
against a manufacturer or provider in the manner prescribed in
paragraph (3), the Commission may request, and shall keep
confidential, a copy of the records maintained by such manufacturer
or provider pursuant to subparagraph (A) of this paragraph that are
directly relevant to the equipment or service that is the subject
of such complaint.
``(6) Failure to act.--If the Commission fails to carry out any
of its responsibilities to act upon a complaint in the manner
prescribed in paragraph (3), the person that filed such complaint
may bring an action in the nature of mandamus in the United States
Court of Appeals for the District of Columbia to compel the
Commission to carry out any such responsibility.
``(7) Commission jurisdiction.--The limitations of section
255(f) shall apply to any claim that alleges a violation of section
255, 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).
``(8) Private resolutions of complaints.--Nothing in the
Commission's rules or this Act shall be construed to preclude a
person who files a complaint and a manufacturer or provider from
resolving a formal or informal complaint prior to the Commission's
final determination in a complaint proceeding. In the event of such
a resolution, the parties shall jointly request dismissal of the
complaint and the Commission shall grant such request.
``(b) Reports to Congress.--
``(1) In general.--Every two years after the date of enactment
of the Twenty-First Century Communications and Video Accessibility
Act of 2010, the Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report that includes the following:
``(A) An assessment of the level of compliance with
sections 255, 716, and 718.
``(B) An evaluation of the extent to which any
accessibility barriers still exist with respect to new
communications technologies.
``(C) The number and nature of complaints received pursuant
to subsection (a) during the two years that are the subject of
the report.
``(D) A description of the actions taken to resolve such
complaints under this section, including forfeiture penalties
assessed.
``(E) The length of time that was taken by the Commission
to resolve each such complaint.
``(F) The number, status, nature, and outcome of any
actions for mandamus filed pursuant to subsection (a)(6) and
the number, status, nature, and outcome of any appeals filed
pursuant to section 402(b)(10).
``(G) An assessment of the effect of the requirements of
this section on the development and deployment of new
communications technologies.
``(2) Public comment required.--The Commission shall seek
public comment on its tentative findings prior to submission to the
Committees of the report under this subsection.
``(c) Comptroller General Enforcement Study.--
``(1) In general.--The Comptroller General shall conduct a
study to consider and evaluate the following:
``(A) The Commission's compliance with the requirements of
this section, including the Commission's level of compliance
with the deadlines established under and pursuant to this
section and deadlines for acting on complaints pursuant to
subsection (a).
``(B) Whether the enforcement actions taken by the
Commission pursuant to this section have been appropriate and
effective in ensuring compliance with this section.
``(C) Whether the enforcement provisions under this section
are adequate to ensure compliance with this section.
``(D) Whether, and to what extent (if any), the
requirements of this section have an effect on the development
and deployment of new communications technologies.
``(2) Report.--Not later than 5 years after the date of
enactment of the Twenty-First Century Communications and Video
Accessibility Act of 2010, the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report on the results of the study required by
paragraph (1), with recommendations for how the enforcement process
and measures under this section may be modified or improved.
``(d) Clearinghouse.--Within one year after the date of enactment
of the Twenty-First Century Communications and Video Accessibility Act
of 2010, the Commission shall, in consultation with the Architectural
and Transportation Barriers Compliance Board, the National
Telecommunications and Information Administration, trade associations,
and organizations representing individuals with disabilities, establish
a clearinghouse of information on the availability of accessible
products and services and accessibility solutions required under
sections 255, 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.
``(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.
``SEC. 718. INTERNET BROWSERS BUILT INTO TELEPHONES USED WITH PUBLIC
MOBILE SERVICES.
``(a) Accessibility.--If a manufacturer of a telephone used with
public mobile services (as such term is defined in section
710(b)(4)(B)) includes an Internet browser in such telephone, or if a
provider of mobile service arranges for the inclusion of a browser in
telephones to sell to customers, the manufacturer or provider shall
ensure that the functions of the included browser (including the
ability to launch the browser) are accessible to and usable by
individuals who are blind or have a visual impairment, unless doing so
is not achievable, except that this subsection shall not impose any
requirement on such manufacturer or provider--
``(1) to make accessible or usable any Internet browser other
than a browser that such manufacturer or provider includes or
arranges to include in the telephone; or
``(2) to make Internet content, applications, or services
accessible or usable (other than enabling individuals with
disabilities to use an included browser to access such content,
applications, or services).
``(b) Industry Flexibility.--A manufacturer or provider may satisfy
the requirements of subsection (a) with respect to such telephone or
services by--
``(1) ensuring that the telephone or services that such
manufacture or provider offers is accessible to and usable by
individuals with disabilities without the use of third party
applications, peripheral devices, software, hardware, or customer
premises equipment; or
``(2) using third party applications, peripheral devices,
software, hardware, or customer premises equipment that is
available to the consumer at nominal cost and that individuals with
disabilities can access.''.
(b) Effective Date for Section 718.--Section 718 of the
Communications Act of 1934, as added by subsection (a), shall take
effect 3 years after the date of enactment of this Act.
(c) Title V Amendments.--Section 503(b)(2) of such Act (47 U.S.C.
503(b)(2)) is amended by adding after subparagraph (E) the following:
``(F) Subject to paragraph (5) of this section, if the violator
is a manufacturer or service provider subject to the requirements
of section 255, 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.''.
(d) Review of Commission Determinations.--Section 402(b) of such
Act (47 U.S.C. 402(b)) is amended by adding the following new
paragraph:
``(10) By any person who is aggrieved or whose interests are
adversely affected by a determination made by the Commission under
section 717(a)(3).''.

bd4cf570df844a4e4134df1a2a1067b20c771da61105094c6ce01f2b562ecb3d

Title VII of the Communications Act of 1934, as amended by section
104, is further amended by adding at the end the following:
``SEC. 719. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.
``(a) In general.--Within 6 months after the date of enactment of
the Equal Access to 21st Century Communications Act, 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 individuals
who are deaf-blind.
``(b) Individuals Who Are Deaf-blind Defined.--For 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)).
``(c) Annual amount.--The total amount of support the Commission
may provide from its interstate relay fund for any fiscal year may not
exceed $10,000,000.''.

84ca1a2f789a49a92ce365a9104218fc9b3705229ae20493d0044e0353d86c37

(a) Establishment.--For the purpose of achieving equal access to
emergency services by individuals with disabilities, as a part of the
migration to a national Internet protocol-enabled emergency network,
not later than 60 days after the date of enactment of this Act, the
Chairman of the Commission shall establish an advisory committee, to be
known as the Emergency Access Advisory Committee (referred to in this
section as the ``Advisory Committee'').
(b) Membership.--As soon as practicable after the date of enactment
of this Act, the Chairman of the Commission shall appoint the members
of the Advisory Committee, ensuring a balance between individuals with
disabilities and other stakeholders, and shall designate two such
members as the co-chairs of the Committee. Members of the Advisory
Committee shall be selected from the following groups:
(1) State and local government and emergency responder
representatives.--Representatives of State and local governments
and representatives of emergency response providers, selected from
among individuals nominated by national organizations representing
such governments and representatives.
(2) Subject matter experts.--Individuals who have the technical
knowledge and expertise to serve on the Advisory Committee in the
fulfillment of its duties, including representatives of--
(A) providers of interconnected and non-interconnected VoIP
services;
(B) vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for the provision of
interconnected and non-interconnected VoIP services;
(C) national organizations representing individuals with
disabilities and senior citizens;
(D) Federal agencies or departments responsible for the
implementation of the Next Generation E 9-1-1 system;
(E) the National Institute of Standards and Technology; and
(F) other individuals with such technical knowledge and
expertise.
(3) Representatives of other stakeholders and interested
parties.--Representatives of such other stakeholders and interested
and affected parties as the Chairman of the Commission determines
appropriate.
(c) Development of Recommendations.--Within 1 year after the
completion of the member appointment process by the Chairman of the
Commission pursuant to subsection (b), the Advisory Committee shall
conduct a national survey of individuals with disabilities, seeking
input from the groups described in subsection (b)(2), to determine the
most effective and efficient technologies and methods by which to
enable access to emergency services by individuals with disabilities
and shall develop and submit to the Commission recommendations to
implement such technologies and methods, including recommendations--
(1) with respect to what actions are necessary as a part of the
migration to a national Internet protocol-enabled network to
achieve reliable, interoperable communication transmitted over such
network that will ensure access to emergency services by
individuals with disabilities;
(2) for protocols, technical capabilities, and technical
requirements to ensure the reliability and interoperability
necessary to ensure access to emergency services by individuals
with disabilities;
(3) for the establishment of technical standards for use by
public safety answering points, designated default answering
points, and local emergency authorities;
(4) for relevant technical standards and requirements for
communication devices and equipment and technologies to enable the
use of reliable emergency access;
(5) for procedures to be followed by IP-enabled network
providers to ensure that such providers do not install features,
functions, or capabilities that would conflict with technical
standards;
(6) for deadlines by which providers of interconnected and non-
interconnected VoIP services and manufacturers of equipment used
for such services shall achieve the actions required in paragraphs
(1) through (5), where achievable, 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;
(7) for the establishment of rules to update the Commission's
rules with respect to 9-1-1 services and E-911 services (as defined
in section 158(e)(4) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942(e)(4))),
for users of telecommunications relay services as new technologies
and methods for providing such relay services are adopted by
providers of such relay services; and
(8) that take into account what is technically and economically
feasible.
(d) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 45 days after the
completion of the member appointment process by the Chairman of the
Commission pursuant to subsection (b).
(2) Other meetings.--After the initial meeting, the Advisory
Committee shall meet at the call of the chairs, but no less than
monthly until the recommendations required pursuant to subsection
(c) are completed and submitted.
(3) Notice; open meetings.--Any meetings held by the Advisory
Committee shall be duly noticed at least 14 days in advance and
shall be open to the public.
(e) Rules.--
(1) Quorum.--One-third of the members of the Advisory Committee
shall constitute a quorum for conducting business of the Advisory
Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the chair may establish appropriate
subcommittees composed of members of the Advisory Committee and
other subject matter experts as determined to be necessary.
(3) Additional rules.--The Advisory Committee may adopt other
rules as needed.
(f) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
(g) Implementing Recommendations.--The Commission shall have the
authority to promulgate regulations to implement the recommendations
proposed by the Advisory Committee, as well as any other regulations,
technical standards, protocols, and procedures as are necessary to
achieve reliable, interoperable communication that ensures access by
individuals with disabilities to an Internet protocol-enabled emergency
network, where achievable and technically feasible.
(h) Definitions.--In this section--
(1) the term ``Commission'' means the Federal Communications
Commission;
(2) the term ``Chairman'' means the Chairman of the Federal
Communications Commission; and
(3) except as otherwise expressly provided, other terms have
the meanings given such terms in section 3 of the Communications
Act of 1934 (47 U.S.C. 153).

35d92a4ba2ed06eef368890e7b2a7e92fec8603a6cd498ed4f58ce6185c0b0cf

(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Chairman shall establish an advisory
committee to be known as the Video Programming and Emergency Access
Advisory Committee.
(b) Membership.--As soon as practicable after the date of enactment
of this Act, the Chairman shall appoint individuals who have the
technical knowledge and engineering expertise to serve on the Advisory
Committee in the fulfillment of its duties, including the following:
(1) Representatives of distributors and providers of video
programming or a national organization representing such
distributors.
(2) Representatives of vendors, developers, and manufacturers
of systems, facilities, equipment, and capabilities for the
provision of video programming delivered using Internet protocol or
a national organization representing such vendors, developers, or
manufacturers.
(3) Representatives of manufacturers of consumer electronics or
information technology equipment or a national organization
representing such manufacturers.
(4) Representatives of video programming producers or a
national organization representing such producers.
(5) Representatives of national organizations representing
accessibility advocates, including individuals with disabilities
and the elderly.
(6) Representatives of the broadcast television industry or a
national organization representing such industry.
(7) Other individuals with technical and engineering expertise,
as the Chairman determines appropriate.
(c) Commission Oversight.--The Chairman shall appoint a member of
the Commission's staff to moderate and direct the work of the Advisory
Committee.
(d) Technical Staff.--The Commission shall appoint a member of the
Commission's technical staff to provide technical assistance to the
Advisory Committee.
(e) Development of Recommendations.--
(1) Closed captioning report.--Within 6 months after the date
of the first meeting of the Advisory Committee, the Advisory
Committee shall develop and submit to the Commission a report that
includes the following:
(A) A recommended schedule of deadlines for the provision
of closed captioning service.
(B) An identification of the performance requirement 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, except for
consumer generated media, delivered using Internet protocol.
(C) An identification of additional protocols, technical
capabilities, and technical procedures beyond those available
as of the date of enactment of the Twenty-First Century
Communications and Video Accessibility Act of 2010 for the
delivery of closed captions of video programming, except for
consumer generated media, delivered using Internet protocol
that are necessary to meet the performance objectives
identified under subparagraph (B).
(D) A recommendation for technical standards to address the
performance objectives identified in subparagraph (B).
(E) A recommendation for any regulations that may be
necessary to ensure compatibility between video programming,
except for consumer generated media, delivered using Internet
protocol and devices capable of receiving and displaying such
programming in order to facilitate access to closed captions.
(2) Video description, emergency information, user interfaces,
and video programming guides and menus.--Within 18 months after the
date of enactment of this Act, the Advisory Committee shall develop
and submit to the Commission a report that includes the following:
(A) A recommended schedule of deadlines for the provision
of video description and emergency information.
(B) An identification of the performance requirement 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, except for
consumer generated media, and emergency information delivered
using Internet protocol or digital broadcast television.
(C) An identification of additional protocols, technical
capabilities, and technical procedures beyond those available
as of the date of enactment of the Twenty-First Century
Communications and Video Accessibility Act of 2010 for the
delivery of video descriptions of video programming, except for
consumer generated media, and emergency information delivered
using Internet protocol that are necessary to meet the
performance objectives identified under subparagraph (B).
(D) A recommendation for technical standards to address the
performance objectives identified in subparagraph (B).
(E) A recommendation for any regulations that may be
necessary to ensure compatibility between video programming,
except for consumer generated media, delivered using Internet
protocol and devices capable of receiving and displaying such
programming, except for consumer generated media, in order to
facilitate access to video descriptions and emergency
information.
(F) 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.
(G) 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 (F) to
be accompanied by audio output so that such menus or indicators
are accessible to and usable by individuals with disabilities.
(H) With respect to video programming guides and menus, a
recommendation for the standards, protocols, and procedures
used to enable video programming information and selection
provided by means of a navigation device, guide, or menu to be
accessible in real-time by individuals who are blind or
visually impaired.
(3) Consideration of work by standard-setting organizations.--
The recommendations of the advisory committee shall, insofar as
possible, incorporate the standards, protocols, and procedures that
have been adopted by recognized industry standard-setting
organizations for each of the purposes described in paragraphs (1)
and (2).
(f) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 180 days after the date
of the enactment of this Act.
(2) Other meetings.--After the initial meeting, the Advisory
Committee shall meet at the call of the Chairman.
(3) Notice; open meetings.--Any meeting held by the Advisory
Committee shall be noticed at least 14 days before such meeting and
shall be open to the public.
(g) Procedural Rules.--
(1) Quorum.--The presence of one-third of the members of the
Advisory Committee shall constitute a quorum for conducting the
business of the Advisory Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the Chairman may establish appropriate
subcommittees composed of members of the Advisory Committee and
other subject matter experts.
(3) Additional procedural rules.--The Advisory Committee may
adopt other procedural rules as needed.
(h) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee.

738a654a204a522c93aeeb444f37de727076e9adf68ca7dbeab13564e50ebfab

(a) Video Description.--Section 713 of the Communications Act of
1934 (47 U.S.C. 613) is amended--
(1) by striking subsections (f) and (g);
(2) by redesignating subsection (h) as subsection (j); and
(3) by inserting after subsection (e) the following:
``(f) Video Description.--
``(1) Reinstatement of regulations.--On the day that is 1 year
after the date of enactment of the Twenty-First Century
Communications and Video Accessibility Act of 2010, the Commission
shall, after a rulemaking, reinstate its video description
regulations contained in the Implementation of Video Description of
Video Programming Report and Order (15 F.C.C.R. 15,230 (2000)),
recon. granted in part and denied in part, (16 F.C.C.R. 1251
(2001)), modified as provided in paragraph (2).
``(2) Modifications to reinstated regulations.--Such
regulations shall be modified only as follows:
``(A) The regulations shall apply to video programming, as
defined in subsection (h), insofar as and programming is
transmitted for display on television in digital format.
``(B) The Commission shall update the list of the top 25
designated market areas, the list of the top 5 national
nonbroadcast networks that at least 50 hours per quarter of
prime time programming that is not exempt under this paragraph,
and the beginning calendar quarter for which compliance shall
be calculated.
``(C) The regulations may permit a provider of video
programming or a program owner to petition the Commission for
an exemption from the requirements of this section upon a
showing that the requirements contained in this section be
economically burdensome.
``(D) The Commission may exempt from the regulations
established pursuant to paragraph (1) a service, class of
services, program, class of programs, equipment, or class of
equipment for which the Commission has determined that the
application of such regulations would be economically
burdensome for the provider of such service, program, or
equipment.
``(E) The regulations shall not apply to live or near-live
programming.
``(F) The regulations shall provide for an appropriate
phased schedule of deadlines for compliance.
``(G) The Commission shall consider extending the
exemptions and limitations in the reinstated regulations for
technical capability reasons to all providers and owners of
video programming.
``(3) Inquiries on further video description requirements.--The
Commission shall commence the following inquiries not later than 1
year after the completion of the phase-in of the reinstated
regulations and shall report to Congress 1 year thereafter on the
findings for each of the following:
``(A) Video description in television programming.--The
availability, use, and benefits of video description on video
programming distributed on television, the technical and
creative issues associated with providing such video
description, and the financial costs of providing such video
description for providers of video programming and program
owners.
``(B) Video description in video programming distributed on
the internet.--The technical and operational issues, costs, and
benefits of providing video descriptions for video programming
that is delivered using Internet protocol.
``(4) Continuing commission authority.--
``(A) In general.--The Commission may not issue additional
regulations unless the Commission determines, at least 2 years
after completing the reports required in paragraph (3), that
the need for and benefits of providing video description 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.
``(B) Limitation.--If the Commission makes the
determination under subparagraph (A) and issues additional
regulations, the Commission may not increase, in total, the
hour requirement for additional described programming by more
than 75 percent of the requirement in the regulations
reinstated under paragraph (1).
``(C) Application to designated market areas.--
``(i) In general.--After the Commission completes the
reports on video description required in paragraph (3), the
Commission shall phase in the video description regulations
for the top 60 designated market areas, except that the
Commission may grant waivers to entities in specific
designated market areas where it deems appropriate.
``(ii) Phase-in deadline.--The phase-in described in
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.
``(iii) 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 of the House of Representatives and
the Committee on Commerce, Science, and Transportation of
the Senate a report assessing--
``(I) the types of described video programming that
is available to consumers;
``(II) consumer use of such programming;
``(III) the costs to program owners, providers, and
distributors of creating such programming;
``(IV) the potential costs to program owners,
providers, and distributors in designated market areas
outside of the top 60 of creating such programming;
``(V) the benefits to consumers of such
programming;
``(VI) the amount of such programming currently
available; and
``(VII) the need for additional described
programming in designated market areas outside the top
60.
``(iv) Additional market areas.--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 (iii), to phase in the video
description regulations for up to an additional 10
designated market areas each year--
``(I) if the costs of implementing the video
description regulations to program owners, providers,
and distributors in those additional markets are
reasonable, as determined by the Commission; and
``(II) except that the Commission may grant waivers
to entities in specific designated market areas where
it deems appropriate.
``(g) Emergency Information.--Not later than 1 year after the
Advisory Committee report under subsection (e)(2) is submitted to the
Commission, the Commission shall complete a proceeding to--
``(1) identify methods to convey emergency information (as that
term is defined in section 79.2 of title 47, Code of Federal
Regulations) in a manner accessible to individuals who are blind or
visually impaired; and
``(2) promulgate regulations that require video programming
providers and video programming distributors (as those terms are
defined in section 79.1 of title 47, Code of Federal Regulations)
and program owners to convey such emergency information in a manner
accessible to individuals who are blind or visually impaired.
``(h) Definitions.--For purposes of this section, section 303, and
section 330:
``(1) Video description.--The term `video description' means
the insertion of audio narrated descriptions of a television
program's key visual elements into natural pauses between the
program's dialogue.
``(2) Video programming.--The term `video programming' means
programming by, or generally considered comparable to programming
provided by a television broadcast station, but not including
consumer-generated media (as defined in section 3).
(b) Closed Captioning on Video Programming Delivered Using Internet
Protocol.--Section 713 of such Act is further amended by striking
subsection (c) and inserting the following:
``(c) Deadlines for Captioning.--
``(1) In general.--The regulations prescribed pursuant to
subsection (b) shall include an appropriate schedule of deadlines
for the provision of closed captioning of video programming once
published or exhibited on television.
``(2) Deadlines for programming delivered using internet
protocol.--
``(A) Regulations on closed captioning on video programming
delivered using internet protocol.--Not later than 6 months
after the submission of the report to the Commission required
by subsection (e)(1) of the Twenty-First Century Communications
and Video Accessibility Act of 2010, the Commission shall
revise its regulations to require the provision of closed
captioning on video programming delivered using Internet
protocol that was published or exhibited on television with
captions after the effective date of such regulations.
``(B) Schedule.--The regulations prescribed under this
paragraph shall include an appropriate schedule of deadlines
for the provision of closed captioning, taking into account
whether such programming is prerecorded and edited for Internet
distribution, or whether such programming is live or near-live
and not edited for Internet distribution.
``(C) Cost.--The Commission may delay or waive the
regulation promulgated under subparagraph (A) to the extent the
Commission finds that the application of the regulation to live
video programming delivered using Internet protocol with
captions after the effective date of such regulations would be
economically burdensome to providers of video programming or
program owners.
``(D) Requirements for regulations.--The regulations
prescribed under this paragraph--
``(i) shall contain a definition of `near-live
programming' and `edited for Internet distribution';
``(ii) may exempt any service, class of service,
program, class of program, equipment, or class of equipment
for which the Commission has determined that the
application of such regulations would be economically
burdensome for the provider of such service, program, or
equipment;
``(iii) shall clarify that, for the purposes of
implementation, of this subsection, the terms `video
programming distribution' and `video programming providers'
include an entity that makes available directly to the end
user video programming through a distribution method that
uses Internet protocol;
``(iv) and describe the responsibilities of video
programming providers or distributors and video programming
owners;
``(v) shall establish a mechanism to make available to
video progamming providers and distributors information on
video programming subject to the Act on an ongoing basis;
``(vi) shall consider that the video programming
provider or distributor shall be deemed in compliance if
such entity enables the rendering or pass through of closed
captions and video description signals and make a good
faith effort to identify video programming subject to the
Act using the mechanism created in (v); and
``(vii) shall provide that de minimis failure to comply
with such regulations by a video programming provider or
owner shall not be treated as a violation of the
regulations.
``(3) Alternate means of compliance.--An entity may meet the
requirements of this section through alternate means than those
prescribed by regulations pursuant to subsection (b), as revised
pursuant to paragraph (2)(A) of this subsection, if the
requirements of this section are met, as determined by the
Commission.''.
(c) Conforming Amendment.--Section 713(d) of such Act is amended by
striking paragraph (3) and inserting the following:
``(3) a provider of video programming or program owner may
petition the Commission for an exemption from the requirements of
this section, and the Commission may grant such petition upon a
showing that the requirements contained in this section would be
economically burdensome. During the pendency of such a petition,
such provider or owner shall be exempt from the requirements of
this section. 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.''.

1267967305bdfa4b66ec71d34683a6f544381f0bb62e372058883af41d1b23b3

(a) Authority to Regulate.--Section 303(u) of the Communications
Act of 1934 (47 U.S.C. 303(u)) is amended to read as follows:
``(u) Require that, if technically feasible--
``(1) apparatus designed to receive or play back video
programming transmitted simultaneously with sound, if such
apparatus is manufactured in the United States or imported for
use in the United States and uses a picture screen of any
size--
``(A) be equipped with built-in closed caption decoder
circuitry or capability designed to display closed-
captioned video programming;
``(B) have the capability to decode and make available
the transmission and delivery of video description services
as required by regulations reinstated and modified pursuant
to section 713(f); and
``(C) have the capability to decode and make available
emergency information (as that term is defined in section
79.2 of the Commission's regulations (47 CFR 79.2)) in a
manner that is accessible to individuals who are blind or
visually impaired; and
``(2) notwithstanding paragraph (1) of this subsection--
``(A) apparatus described in such paragraph that use a
picture screen that is less than 13 inches in size meet the
requirements of subparagraph (A), (B), or (C) of such
paragraph only if the requirements of such subparagraphs
are achievable (as defined in section 716);
``(B) any apparatus or class of apparatus that are
display-only video monitors with no playback capability are
exempt from the requirements of such paragraph; and
``(C) the Commission shall have the authority, on its
own motion or in response to a petition by a manufacturer,
to waive the requirements of this subsection for any
apparatus or class of apparatus--
``(i) primarily designed for activities other than
receiving or playing back video programming transmitted
simultaneously with sound; or
``(ii) for equipment designed for multiple
purposes, capable of receiving or playing video
programming transmitted simultaneously with sound but
whose essential utility is derived from other
purposes.''.
(b) Other Devices.--Section 303 of the Communications Act of 1934
(47 U.S.C. 303) is further amended by adding at the end the following
new subsection:
``(z) Require that--
``(1) if achievable (as defined in section 716), apparatus
designed to record video programming transmitted simultaneously
with sound, if such apparatus is manufactured in the United
States or imported for use in the United States, enable the
rendering or the pass through of closed captions, video
description signals, and emergency information (as that term is
defined in section 79.2 of title 47, Code of Federal
Regulations) such that viewers are able to activate and de-
activate the closed captions and video description as the video
programming is played back on a picture screen of any size; and
``(2) interconnection mechanisms and standards for digital
video source devices are available to carry from the source
device to the consumer equipment the information necessary to
permit or render the display of closed captions and to make
encoded video description and emergency information audible.''.
(c) Shipment in Commerce.--Section 330(b) of the Communications Act
of 1934 (47 U.S.C. 330(b)) is amended--
(1) by striking ``303(u)'' in the first sentence and inserting
``303(u) and (z)'';
(2) by striking the second sentence and inserting the
following: ``Such rules shall provide performance and display
standards for such built-in decoder circuitry or capability
designed to display closed captioned video programming, the
transmission and delivery of video description services, and the
conveyance of emergency information as required by section 303 of
this Act.''; and
(3) in the fourth sentence, by striking ``closed-captioning
service continues'' and inserting ``closed-captioning service and
video description service continue''.
(d) Implementing Regulations.--The Federal Communications
Commission shall prescribe such regulations as are necessary to
implement the requirements of sections 303(u), 303(z), and 330(b) of
the Communications Act of 1934, as amended by this section, including
any technical standards, protocols, and procedures needed for the
transmission of--
(1) closed captioning within 6 months after the submission to
the Commission of the Advisory Committee report required by section
201(e)(1); and
(2) video description and emergency information within 18
months after the submission to the Commission of the Advisory
Committee report required by section 201(e)(2).
(e) Alternate Means of Compliance.--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 subsection (d) if the
requirements of those sections are met, as determined by the
Commission.

9dd2faa79d3fe8cfbd4d54dabfaee472a7ed58f0c9163495ac32401a0d61d838

(a) Amendment.--Section 303 of the Communications Act of 1934 (47
U.S.C. 303) is further amended by adding after subsection (z), as added
by section 203 of this Act, the following new subsection:
``(aa) Require--
``(1) if achievable (as defined in section 716) that
digital apparatus designed to receive or play back video
programming 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 appropriate built-in apparatus functions are
accessible to and usable by individuals who are blind or
visually impaired, except that the Commission may not specify
the technical standards, protocols, procedures, and other
technical requirements for meeting this requirement;
``(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 visually impaired in real-time;
``(3) that for such apparatus equipped with the functions
described in paragraphs (1) and (2) built in access to those
closed captioning and video description features through a
mechanism that is reasonably comparable to a button, key, or
icon designated by activating the closed captioning or
accessibility features; and
``(4) that in applying this subsection the term `apparatus'
does not include a navigation device, as such term is defined
in section 76.1200 of the Commission's rules (47 CFR
76.1200).''.
(b) Implementing Regulations.--Within 18 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).
(c) Alternate Means of Compliance.--An entity may meet the
requirements of section 303(aa) of the Communications Act of 1934
through alternate means than those prescribed by regulations pursuant
to subsection (b) if the requirements of those sections are met, as
determined by the Commission.
(d) 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.

6b9e10a896131f74b7d7e54e266ed1e505fe5bad04677b85bb906eb9d2e85679

NAVIGATION DEVICES.
(a) Amendment.--Section 303 of the Communications Act of 1934 (47
U.S.C. 303) is further amended by adding after subsection (aa), as
added by section 204 of this Act, the following new subsection:
``(bb) Require--
``(1) if achievable (as defined in section 716), that the on-
screen text menus and guides provided by navigation devices (as
such term is defined in section 76.1200 of title 47, Code of
Federal Regulations) for the display or selection of multichannel
video programming are audibly accessible in real-time upon request
by individuals who are blind or visually impaired, except that the
Commission may not specify the technical standards, protocols,
procedures, and other technical requirements for meeting this
requirement; and
``(2) for navigation devices with built-in closed captioning
capability, that access to that capability through a mechanism is
reasonably comparable to a button, key, or icon designated for
activating the closed captioning, or accessibility features.
With respect to apparatus features and functions delivered in software,
the requirements set forth in this subsection shall apply to the
manufacturer of such software. With respect to apparatus features and
functions delivered in hardware, the requirements set forth in this
subsection shall apply to the manufacturer of such hardware.''.
(b) Implementing Regulations.--
(1) In general.--Within 18 months after the submission to the
Commission of the Advisory Committee report required by section
201(e)(2), the Commission shall prescribe such regulations as are
necessary to implement the amendment made by subsection (a).
(2) Exemption.--Such regulations may provide an exemption from
the regulations for cable systems serving 20,000 or fewer
subscribers.
(3) Responsibility.--An entity shall only be responsible for
compliance with the requirements added by this section with respect
to navigation devices that it provides to a requesting blind or
visually impaired individual.
(4) Separate equipment or software.--
(A) In general.--Such regulations shall permit but not
require the entity providing the navigation device to the
requesting blind or visually impaired individual to comply with
section 303(bb)(1) of the Communications Act of 1934 through
that entity's use of software, a peripheral device, specialized
consumer premises equipment, a network-based service or other
solution, and shall provide the maximum flexibility to select
the manner of compliance.
(B) Requirements.--If an entity complies with section
303(bb)(1) of the Communications Act of 1934 under subparagraph
(A), the entity providing the navigation device to the
requesting blind or visually impaired individual shall provide
any such software, peripheral device, equipment, service, or
solution at no additional charge and within a reasonable time
to such individual and shall ensure that such software, device,
equipment, service, or solution provides the access required by
such regulations.
(5) User controls for closed captioning.--Such regulations
shall permit the entity providing the navigation device maximum
flexibility in the selection of means for compliance with section
303(bb)(2) of the Communications Act of 1934 (as added by
subsection (a) of this section).
(6) Phase-in.--
(A) In general.--The Commission shall provide affected
entities with--
(i) not less than 2 years after the adoption of such
regulations to begin placing in service devices that comply
with the requirements of section 303(bb)(2) of the
Communications Act of 1934 (as added by subsection (a) of
this section); and
(ii) not less than 3 years after the adoption of such
regulations to begin placing in service devices that comply
with the requirements of section 303(bb)(1) of the
Communications Act of 1934 (as added by subsection (a) of
this section).
(B) Application.--Such regulations shall apply only to
devices manufactured or imported on or after the respective
effective dates established in subparagraph (A).

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In this title:
(1) Advisory committee.--The term ``Advisory Committee'' means
the advisory committee established in section 201.
(2) Chairman.--The term ``Chairman'' means the Chairman of the
Federal Communications Commission.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Emergency information.--The term ``emergency information''
has the meaning given such term in section 79.2 of title 47, Code
of Federal Regulations.
(5) Internet protocol.--The term ``Internet protocol'' includes
Transmission Control Protocol and a successor protocol or
technology to Internet protocol.
(6) Navigation device.--The term ``navigation device'' has the
meaning given such term in section 76.1200 of title 47, Code of
Federal Regulations.
(7) Video description.--The term ``video description'' has the
meaning given such term in section 713 of the Communications Act of
1934 (47 U.S.C. 613).
(8) Video programming.--The term ``video programming'' has the
meaning given such term in section 713 of the Communications Act of
1934 (47 U.S.C. 613).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Equal Access to 21st Century Communications Act — S. 3304

Other Sections

TITLE II

TITLE I

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