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[111th Congress Public Law 260]
[From the U.S. Government Printing Office]

[[Page 124 STAT. 2751]]

Public Law 111-260
111th Congress

                                 An Act

 
     To increase the access of persons with disabilities to modern 
  communications, and for other purposes. <<NOTE: Oct. 8, 2010 -  [S. 
                                3304]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Twenty-First 
Century Communications and Video Accessibility Act of 2010.>> 

SECTION 1. <<NOTE: 47 USC 609 note.>> SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Limitation on liability.
Sec. 3. Proprietary technology.

                     TITLE I--COMMUNICATIONS ACCESS

Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to advanced communications services and equipment.
Sec. 105. Universal service.
Sec. 106. Emergency Access Advisory Committee.

                       TITLE II--VIDEO PROGRAMMING

Sec. 201. Video Programming and Emergency Access Advisory Committee.
Sec. 202. Video description and closed captioning.
Sec. 203. Closed captioning decoder and video description capability.
Sec. 204. User interfaces on digital apparatus.
Sec. 205. Access to video programming guides and menus provided on 
           navigation devices.
Sec. 206. Definitions.

SEC. 2. <<NOTE: 47 USC 153 note.>> LIMITATION ON LIABILITY.

    (a) In General.--Except as provided in subsection (b), no person 
shall be liable for a violation of the requirements of this Act (or of 
the provisions of the Communications Act of 1934 that are amended or 
added by this Act) with respect to video programming, online content, 
applications, services, advanced communications services, or equipment 
used to provide or access advanced communications services to the extent 
such person--
            (1) transmits, routes, or stores in intermediate or 
        transient storage the communications made available through the 
        provision of advanced communications services by a third party; 
        or
            (2) provides an information location tool, such as a 
        directory, index, reference, pointer, menu, guide, user 
        interface, or hypertext link, through which an end user obtains 
        access

[[Page 124 STAT. 2752]]

        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.

SEC. 3. <<NOTE: 47 USC 153 note.>> PROPRIETARY TECHNOLOGY.

    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.

                     TITLE I--COMMUNICATIONS ACCESS

SEC. 101. DEFINITIONS.

    Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
amended--
            (1) by adding at the end the following new paragraphs:
            ``(53) Advanced communications services.--The term `advanced 
        communications services' means--
                    ``(A) interconnected VoIP service;
                    ``(B) non-interconnected VoIP service;
                    ``(C) electronic messaging service; and
                    ``(D) 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

[[Page 124 STAT. 2752]]

        that provides real-time video communications, including audio, 
        to enable users to share information of the user's choosing.''; 
        and
            (2) by reordering paragraphs (1) through (52) and the 
        paragraphs added by paragraph (1) of this section in 
        alphabetical order based on the headings of such paragraphs and 
        renumbering such paragraphs as so reordered.

SEC. 102. HEARING AID COMPATIBILITY.

    (a) Compatibility Requirements.--
            (1) Telephone service for the disabled.--Section 710(b)(1) 
        of the Communications Act of 1934 (47 U.S.C. 610(b)(1)) is 
        amended to read as follows:

    ``(b)(1) Except as provided in paragraphs (2) and (3) and subsection 
(c), the Commission shall require that customer premises equipment 
described in this paragraph provide internal means for effective use 
with hearing aids that are designed to be compatible with telephones 
which meet established technical standards for hearing aid 
compatibility. Customer premises equipment described in this paragraph 
are the following:
            ``(A) All essential telephones.
            ``(B) All telephones manufactured in the United States 
        (other than for export) more than one year after the date of 
        enactment of the Hearing Aid Compatibility Act of 1988 or 
        imported for use in the United States more than one year after 
        such date.
            ``(C) All customer premises equipment used with advanced 
        communications services that is designed to provide 2-way voice 
        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

[[Page 124 STAT. 2754]]

                                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. <<NOTE: Consultation.>>  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.''.

[[Page 124 STAT. 2755]]

SEC. 103. RELAY SERVICES.

    (a) Definition.--Paragraph (3) of section 225(a) of the 
Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended to read as 
follows:
            ``(3) Telecommunications relay services.--The term 
        `telecommunications relay services' means telephone transmission 
        services that provide the ability for an individual who is deaf, 
        hard of hearing, deaf-blind, or who has a speech disability to 
        engage in communication by wire or radio with one or more 
        individuals, in a manner that is functionally equivalent to the 
        ability of a hearing individual who does not have a speech 
        disability to communicate using voice communication services by 
        wire or radio.''.

    (b) Internet Protocol-based Relay Services.--Title VII of such Act 
(47 U.S.C. 601 et seq.) is amended by adding at the end the following 
new section:

``SEC. 715. <<NOTE: 47 USC 616.>> INTERNET PROTOCOL-BASED RELAY 
            SERVICES.

     <<NOTE: Deadline.>> ``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.''.

SEC. 104. ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT.

    (a) Title VII Amendment.--Title VII of the Communications Act of 
1934 (47 U.S.C. 601 et seq.), as amended by section 103, is further 
amended by adding at the end the following new sections:

``SEC. 716. <<NOTE: 47 USC 617.>> 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

[[Page 124 STAT. 2756]]

                    ``(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.-- <<NOTE: Deadline.>> 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;

[[Page 124 STAT. 2757]]

                    ``(C) <<NOTE: Determination.>>  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

[[Page 124 STAT. 2758]]

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. <<NOTE: 47 USC 618.>> ENFORCEMENT AND RECORDKEEPING 
            OBLIGATIONS.

    ``(a) Complaint and Enforcement Procedures.-- 
<<NOTE: Deadline. Regulations.>> 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.-- 
                <<NOTE: Deadline. Orders.>> 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

[[Page 124 STAT. 2759]]

        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.-- <<NOTE: Effective date.>> (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) <<NOTE: Deadline. Certification.>> An officer of a 
        manufacturer or provider shall submit to the Commission an 
        annual certification that records are being kept in accordance 
        with subparagraph (A).
            ``(C) 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.-- 
        <<NOTE: Applicability.>> 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:

[[Page 124 STAT. 2760]]

                    ``(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.-- <<NOTE: Deadline.>> 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

[[Page 124 STAT. 2761]]

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. <<NOTE: 47 USC 619.>> 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) <<NOTE: 47 USC 619 note.>>  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

[[Page 124 STAT. 2762]]

        assessed for any continuing violation shall not exceed a total 
        of $1,000,000 for any single act or failure to act.''.

    (d) Review of Commission Determinations.--Section 402(b) of such Act 
(47 U.S.C. 402(b)) is amended by adding the following new paragraph:
            ``(10) By any person who is aggrieved or whose interests are 
        adversely affected by a determination made by the Commission 
        under section 717(a)(3).''.

SEC. 105. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.

    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. <<NOTE: 47 USC 620.>> RELAY SERVICES FOR DEAF-BLIND 
            INDIVIDUALS.

    ``(a) In general.-- <<NOTE: Deadline. Regulations.>> 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.''.

SEC. 106. <<NOTE: 47 USC 615c.>> EMERGENCY ACCESS ADVISORY COMMITTEE.

    (a) Establishment.-- <<NOTE: Deadline.>> 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--

[[Page 124 STAT. 2763]]

                    (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.-- <<NOTE: Deadline.>> 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

[[Page 124 STAT. 2764]]

        (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.-- <<NOTE: Deadline.>> 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).

                       TITLE II--VIDEO PROGRAMMING

SEC. 201. <<NOTE: 47 USC 613 note.>> VIDEO PROGRAMMING AND EMERGENCY 
            ACCESS ADVISORY COMMITTEE.

    (a) Establishment.-- <<NOTE: Deadline.>> Not later than 60 days 
after the date of enactment of this Act, the Chairman shall establish an 
advisory

[[Page 124 STAT. 2765]]

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).

[[Page 124 STAT. 2766]]

                    (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 <<NOTE: Deadline. Reports.>> 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

[[Page 124 STAT. 2767]]

                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.-- <<NOTE: Deadline.>> 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.-- <<NOTE: Deadline.>> 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.

SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING.

    (a) Video Description.--Section 713 of the Communications Act of 
1934 (47 U.S.C. 613) is amended--
            (1) by striking subsections (f) and (g);
            (2) by redesignating subsection (h) as subsection (j); and
            (3) by inserting after subsection (e) the following:

    ``(f) Video Description.--
            ``(1) Reinstatement of regulations.-- <<NOTE: Deadline.>> 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:

[[Page 124 STAT. 2768]]

                    ``(A) <<NOTE: Applicability.>> 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) <<NOTE: Lists. Deadlines.>> 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 <<NOTE: Deadlines. Reports.>> 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.-- <<NOTE: Determination.>> 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

[[Page 124 STAT. 2769]]

                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.-- <<NOTE: Waiver 
                      authority.>> 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) <<NOTE: Waiver 
                                authority.>> except that the Commission 
                                may grant waivers to entities in 
                                specific designated market areas where 
                                it deems appropriate.

[[Page 124 STAT. 2770]]

    ``(g) Emergency Information.-- <<NOTE: Deadline.>> 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) <<NOTE: Regulations.>> 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 <<NOTE: 47 USC 613.>> 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.-- <<NOTE: Waiver authority.>> 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

[[Page 124 STAT. 2771]]

                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 <<NOTE: 47 USC 
613.>>  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. <<NOTE: Deadline.>>  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.''.

[[Page 124 STAT. 2772]]

SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DESCRIPTION CAPABILITY.

    (a) Authority to Regulate.--Section 303(u) of the Communications Act 
of 1934 (47 U.S.C. 303(u)) is amended to read as follows:
            ``(u) Require that, 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) <<NOTE: Waiver authority.>> 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,

[[Page 124 STAT. 2773]]

                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.-- <<NOTE: 47 USC 303 note.>> 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) <<NOTE: 47 USC 303 note.>>  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.

SEC. 204. USER INTERFACES ON DIGITAL APPARATUS.

    (a) Amendment.--Section 303 of the Communications Act of 1934 (47 
U.S.C. 303) is further amended by adding after subsection (z), as added 
by section 203 of this Act, the following new subsection:
            ``(aa) Require--
                    ``(1) if achievable (as defined in section 716) that 
                digital apparatus designed to receive or play back video 
                programming 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

[[Page 124 STAT. 2774]]

                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.-- <<NOTE: Deadline. 47 USC 303 
note.>> 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) <<NOTE: 47 USC 303 note.>>  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) <<NOTE: 47 USC 303 note.>>  Deferral of Compliance with ATSC 
Mobile DTV Standard A/153.-- <<NOTE: Time period. Federal Register, 
publication.>> A digital apparatus designed and manufactured to receive 
or play back the Advanced Television Systems Committee's Mobile DTV 
Standards A/153 shall not be required to meet the requirements of the 
regulations prescribed under subsection (b) for a period of not less 
than 24 months after the date on which the final regulations are 
published in the Federal Register.

SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS PROVIDED ON 
            NAVIGATION DEVICES.

    (a) Amendment.--Section 303 of the Communications Act of 1934 (47 
U.S.C. 303) is further amended by adding after subsection (aa), as added 
by section 204 of this Act, the following new subsection:
    ``(bb) Require--
            ``(1) if achievable (as defined in section 716), that the 
        on-screen text menus and guides provided by navigation devices 
        (as such term is defined in section 76.1200 of title 47, Code of 
        Federal Regulations) for the display or selection of 
        multichannel video programming are audibly accessible in real-
        time upon request by individuals who are blind or 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

[[Page 124 STAT. 2775]]

        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. <<NOTE: Applicability.>>  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) <<NOTE: 47 USC 303 note.>>  Implementing Regulations.--
            (1) In general.-- <<NOTE: Deadline.>> 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.-- <<NOTE: Deadlines.>> 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).

[[Page 124 STAT. 2776]]

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

SEC. 206. <<NOTE: 47 USC 153 note.>> DEFINITIONS.

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

    Approved October 8, 2010.

LEGISLATIVE HISTORY--S. 3304:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
            Aug. 5, considered and passed Senate.
            Sept. 28, considered and passed House.

                                  <all>
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