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[Senate Report 111-386]
[From the U.S. Government Publishing Office]

111th Congress 
 2d Session                      SENATE                          Report
                                                                111-386
_______________________________________________________________________
 
        TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY 

                                ACT OF 2010 

                                 __________

                               R E P O R T

                                  of the 

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                    on

                                 S. 3304

                                     

               December 22, 2010.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     Bruce Andrews, General Counsel
                 Ann Begeman, Republican Staff Director
              Brian Hendricks, Republican General Counsel
                Todd Bertoson, Republican Senior Counsel
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-386

======================================================================

TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010

                                _______
                                

               December 22, 2010.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 3304]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3304), to ensure that 
individuals with disabilities have access to emerging Internet 
Protocol-based communication and video programming technologies 
in the 21st century, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 3304 is to update the communications laws 
to help ensure that individuals with disabilities are able to 
fully utilize communications services and equipment and better 
access video programming.

                          Background and Needs

  Although Congress has previously acted to ensure access to 
communications devices by people with disabilities, these laws 
were last updated in 1996. Since that time, the communications 
marketplace has undergone a fundamental transformation, driven 
by growth in broadband. Internet-based and digital technologies 
are now pervasive, offering innovative and exciting ways to 
communicate and share information.
  Through increased mobility and the use of data, the benefits 
of modern technology have profoundly altered our everyday 
lives, streamlining tasks and allowing mobile access to the 
Internet and a diverse menu of applications and services. Smart 
phones, global positioning systems (GPS), and video 
conferencing are but a few of the many technologies that 
Americans rely on daily. Many of these advances have improved 
the communications capabilities of individuals with 
disabilities. Nevertheless, the extraordinary benefits of these 
technological advances are sometimes not accessible to 
individuals with disabilities.
  Various studies have found that people with disabilities 
suffer disproportionately higher rates of unemployment and 
poverty than those without disabilities. For example, in 2008, 
only 40 percent of working-age people with disabilities were 
employed, while almost 80 percent of those without disabilities 
were working.\1\ If certain current and emerging technologies 
are not accessible to the disabled community, this economic 
disparity may increase. Enhanced accessibility could help 
diminish this economic divide.
---------------------------------------------------------------------------
    \1\ See, e.g., Cornell University, 2008 Disabilities Status Report-
United States, Rehabilitation and Training Center on Disability 
Demographics and Statistics, p.32 (online at http://
www.ilr.cornell.edu/edi/disabilitystatistics/).
---------------------------------------------------------------------------
  Elderly Americans are also affected by this measure. The 
number of people over age 65 living in the United States is 
approximately 40 million, or 13 percent of the total 
population. One estimate shows that by 2050, that number is 
expected to increase to 88.5 million, or an estimated 20 
percent of the population.\2\ This growth may be accompanied by 
a jump in the number of Americans with vision and hearing 
impairments who will need accessible communications products 
and services.
---------------------------------------------------------------------------
    \2\ United States Census Bureau, The Next Four Decades-The Older 
Population in the United States: 2010-2050 (May 2010) (online at 
www.census.gov/prod/2010pubs/p25-1138.pdf).
---------------------------------------------------------------------------
  Access to communications devices and video programming is 
also important to American service members, especially those 
injured in Iraq and Afghanistan. Current studies indicate that 
13 percent of combat troops wounded in hostile operations 
sustain penetrating eye trauma resulting in vision impairment. 
Additionally, between 12 percent and 20 percent of deployed 
forces have traumatic brain injury (TBI), and 64 percent of 
service members who suffer TBI test positive for visual 
dysfunction.\3\ Finally, 58,000 veterans have reported ringing 
in their ears after returning from deployment to Iraq or 
Afghanistan, and the U.S. Department of Veterans Affairs 
reports that hearing loss will affect 800,000 veterans by 
2011.\4\
---------------------------------------------------------------------------
    \3\ Geoffrey Ling et al., Explosive Blast Neurotrauma, Journal of 
Neurotrauma (June 2009).
    \4\ Army Times, War is Hell-On Your Hearing (Apr. 24, 2010) (online 
at www.armytimes.com/news/2010/04/offduty).
---------------------------------------------------------------------------

                         Summary of Provisions

  S. 3304, the Twenty-First Century Communications and Video 
Accessibility Act of 2010 (the ``Act''), will update the 
communications laws to help ensure that individuals with 
visual, auditory, or speech disabilities are able to fully 
utilize communications services and equipment and better access 
video programming.
  The bill provides for amendments to current provisions of the 
Communications Act of 1934. First, the bill would amend section 
710 to require that telephones and two-way voice communications 
equipment functioning as telephones meet certain requirements 
to ensure hearing aid compatibility. Second, the bill would 
amend section 225 to require providers of VoIP-based services 
to contribute to the Telecommunications Relay Services Fund. 
Third, the bill would amend section 225 to clarify that 
telecommunications relay services (TRS) are intended to ensure 
that people with hearing or speech disabilities can use TRS to 
communicate with others who have hearing or speech 
disabilities, as well as people who do not have hearing or 
speech disabilities.
  The bill also would create new sections of the Communications 
Act. New sections 716 and 717 would require that manufacturers 
of advanced communications services (ACS) equipment and 
providers of ACS services make their equipment and services 
accessible to individuals with disabilities if doing so is 
achievable. The bill would require the FCC to consider a set of 
factors when making an achievability determination, weighing 
each factor equally. The bill aims to provide the Commission 
with greater flexibility when it comes to enforcing the 
accessibility requirement, permitting the Commission to waive 
this requirement if, in its judgment, a device incidentally 
provides access to ACS or was designed primarily for another 
purpose.
  Finally, the bill would update the communications laws by 
creating standalone provisions of the Act. These provisions are 
intended to ensure that individuals with disabilities are able 
to utilize fully the essential advanced technologies that have 
developed since the passing of the Americans with Disabilities 
Act and subsequent statutes addressing communications 
accessibility. The bill would grant the FCC the authority to 
financially support programs that distribute specialized 
customer premises equipment to low-income individuals who are 
deaf-blind. The bill also would create an advisory committee to 
assist the Commission by examining the effect of the migration 
to an Internet-protocol network on disabled individuals' access 
to emergency services. The bill would require the advisory 
committee to submit recommendations to the Commission that the 
committee deems necessary for ensuring access to emergency 
services by individuals with disabilities.
  Regarding video programming, the bill would create a second 
advisory committee to assist the FCC by examining technical 
issues related to closed captioning and video description, as 
well as access to equipment user interfaces, programming guides 
and menus, and emergency information provided on video 
programming. The bill would require the committee to submit two 
reports to the FCC, the contents of which would likely form the 
basis of the Commission's rulemakings on these matters. The 
bill also would reinstate the Commission's video description 
rules that were vacated by the United States Court of Appeals 
for the District of Columbia Circuit in 2002, and grant the 
Commission the authority to expand upon those rules. Under the 
bill, the FCC would be required to revise its regulations to 
require the closed captioning of video programming distributed 
using Internet protocol if the programming has been shown on 
television with closed captioning after the effective date of 
the regulations.
  To ensure that devices used to view video programming are 
able to display closed captions, deliver video description 
services, and convey emergency information to blind or visually 
impaired individuals, the bill would require that such devices 
be equipped with built-in capabilities to decode and make 
available the transmission of closed captions, video 
descriptions, and emergency information. The bill also would 
require that devices with screen sizes smaller than 13 inches 
meet these requirements if doing so is achievable. As with the 
accessibility requirement for ACS equipment and services, these 
accessibility requirements can be waived for a device if the 
Commission finds that the device's primary purpose or utility 
is something other than receiving or playing video programming. 
In addition to devices used to view video programming, the bill 
would impose requirements on devices designed to record video 
programming, requiring that these devices enable the rendering 
or pass through of closed captions, video descriptions, and 
emergency information if doing so is achievable.
  To ensure that user interfaces on digital apparatus and on-
screen menus and guides on navigation devices are accessible to 
individuals with disabilities, the bill would require that each 
have built-in closed captioning capability. The bill also would 
require the user interfaces have built-in video description 
features. In each case, the feature or capability would need to 
be accessible through a mechanism that is reasonably comparable 
to a button, key, or icon.

                          Legislative History

  S. 3304 was introduced on May 4, 2010, by Senator Pryor and 
was referred to the Committee on Commerce, Science, and 
Transportation. Senators Conrad, Dorgan, and Kerry are original 
cosponsors. On May 26, 2010, the Committee held a hearing 
entitled ``Innovation and Inclusion: the Americans with 
Disabilities Act at 20.'' On July 15, 2010, the Committee 
considered the bill in an open Executive Session, and, by voice 
vote, ordered S. 3304 reported with an amendment in the nature 
of a substitute.

                            Estimated Costs

  In compliance with subsection (b)(2) of paragraph 11 of rule 
XXVI of the Standing Rules of the Senate, the Committee states 
that, in its opinion, it is necessary to dispense with the 
requirements of paragraph (1) of that subsection in order to 
expedite the business of the Senate.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:
  S. 3304, as reported, would ensure that individuals with 
disabilities have access to emerging Internet Protocol-based 
communication and video programming technologies in the 21st 
century. Implementation of the legislation would update the 
scope of those regulated under communications disability law; 
the bill would not create a burdensome paperwork requirement, 
nor would it adversely impact the economy or individual 
privacy.

                       NUMBER OF PERSONS COVERED

  S. 3304 would update existing communications law so that 
individuals with disabilities would gain access to the devices, 
programming, content, and applications that became available 
through recent technological advances.

                            ECONOMIC IMPACT

  S. 3304 is not expected to have an adverse impact on the 
nation's economy. In fact, the legislation would make 
communications devices, programming, online content, 
applications, and services more accessible to the more than 54 
million Americans with disabilities. This will increase 
consumer demand for these products and spur economic growth.

                                PRIVACY

  S. 3304 will not negatively impact the privacy of 
individuals.

                               PAPERWORK

  S. 3304 would not explicitly require an increase in paperwork 
for those regulated. As part of the legislation, however, the 
Federal Communications Commission (FCC) is charged with 
ensuring the compliance of manufacturers and providers of 
internet-based equipment and services to the bill's provisions, 
so the bill could possibly increase paperwork requirements if 
the FCC deems it the best course of action. S. 3304 would 
require the FCC and the Comptroller General to issue reports on 
the implementation of the bill's provisions in order to ensure 
the goals of the legislation are met.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Title; Table of contents
  Section 1(a) provides that the Act shall be cited as the 
``Twenty-First Century Communications and Video Accessibility 
Act of 2010'' (the ``Act''). Section 1(b) provides the table of 
contents for the Act.
Section 2. Limitation on liability
  Section 2 provides liability protection where an entity is 
acting as a passive conduit of communications made available 
through the provision of advanced communications services by a 
third party or where an entity is providing an information 
location tool through which an end user obtains access to 
services and information. This liability protection does not 
apply to the extent that an entity relies on third-party 
software or hardware to fulfill the requirements of this Act.

                     TITLE I--COMMUNICATIONS ACCESS

Section 101. Definitions
  Section 101 contains several definitions for the Act. The 
definition of ``advanced communications services'' includes 
interconnected Voice over Internet Protocol (VoIP) service, 
non-interconnected VoIP service, electronic messaging service, 
and video conferencing service. The term ``consumer generated 
media'' encompasses content created and made available by 
consumers to Internet websites and venues, including audio, 
video, and multimedia content. The term ``disability'' has the 
meaning given that term in the Americans with Disabilities Act 
of 1990.
  The term ``electronic messaging service'' is defined as ``a 
service that provides non-voice messages in text form between 
individuals over communications networks.'' The Committee's 
primary concerns regarding the accessibility of electronic 
messaging services are focused on more traditional, two-way, 
interactive services such as text messaging, instant messaging, 
and electronic mail, rather than on communications such as blog 
posts, online publishing, or messages posted on social 
networking websites.
  The term ``interconnected VoIP service'' means the same as it 
does in title 47 of the Code of Federal Regulations, as such 
title may be amended from time to time. The definition of 
``non-interconnected VoIP service'' includes a service that 
provides real-time voice communications, where such 
communications originate begin or end at the user's location 
using Internet protocol or any successor protocol. The non-
interconnected service must require the user to have customer 
premises equipment that is Internet protocol compatible. 
``Interconnected VoIP services'' are specifically excluded from 
the group of services classified as ``non-interconnected VoIP 
services'' under the Act.
  The term ``interoperable video conferencing service'' is 
defined as a service that provides ``real-time video 
communications, including audio, to enable users to share 
information of the user's choosing.'' The Committee notes that 
such services may, by themselves, be accessibility solutions. 
The inclusion, however, of these services within the scope of 
the requirements of this act is to ensure, in part, that 
individuals with disabilities are able to access and control 
these services.
Section 102. Hearing aid compatibility
  Section 102 amends section 710 of the Communications Act to 
provide that the Federal Communications Commission (the 
``Commission'') shall require all essential telephones, all 
telephones manufactured in the US more than one year after the 
date of enactment, and all two-way voice communications 
equipment designed to be functionally equivalent to a telephone 
to provide internal equipment that meets established technical 
standards for hearing aid compatibility. It also requires the 
Commission to continually assess exemptions to this section and 
consult with the public in establishing or approving technical 
standards.
Section 103. Relay services
  Section 103 amends section 225 of the Communications Act to 
require providers of VoIP-based services to contribute to the 
Telecommunications Relay Services Fund. The Commission shall 
ensure that contributions are made on an equitable basis, 
taking into account whether such services are offered free to 
the public, and may also consider administrative costs to the 
provider when calculating contributions. Taking these facts 
into account, the Commission may determine that an obligation 
for any one provider could be zero or a de minimis amount. 
Section 103 also clarifies that in addition to defining 
``telecommunications relay services'' (TRS) as the ability of a 
person who is deaf, hard of hearing, deaf-blind or has a speech 
disability to use relay services for the purpose of 
communicating with hearing individuals, these services may be 
used where individuals with disabilities need to communicate 
with other relay users with disabilities, where necessary to 
achieve functionally equivalent communication. This will be the 
case, for example, when two or more individuals to a call each 
have disabilities, but use different types of relay services, 
depending on their communication needs. In order for 
communication between or among such individuals to be achieved, 
more than one type of relay service may be needed to complete 
the call. In administering this section, the Commission shall 
make reasonable efforts to prevent waste, fraud, and abuse.
  Section 103 also amends title VII of the Communications Act 
to require each VoIP service provider, within one year after 
the date of enactment of the Act, to participate and contribute 
to the TRS Fund in conformance with regulations to be 
prescribed by the Commission for the purpose of ensuring that 
the obligations of VoIP service providers ``are consistent with 
and comparable to'' those of other contributors to the TRS 
Fund.
Section 104. Access to internet-based services and equipment
  Section 104, which creates new sections 716 and 717 of the 
Communications Act, requires manufacturers of equipment used 
for advanced communications services and providers of advanced 
communications services to make any such equipment, which they 
design, develop, and fabricate, accessible to individuals with 
disabilities, if doing so is achievable. The Section also 
requires advanced communications services providers to make any 
such services, which they offer, accessible to individuals with 
disabilities, if doing so is achievable. When providing 
accessibility is not achievable, a manufacturer or service 
provider must ensure that such equipment or services are 
compatible with peripheral devices or specialized customer 
premise equipment used by individuals with disabilities to 
achieve access, if doing so is achievable.
  Within one year after the enactment of this Act, the 
Commission shall prescribe regulations as necessary to 
implement new section 716. When prescribing regulations under 
this section, it is the Committee's intention that the 
Commission refrain from imposing mandatory technical standards 
upon advanced communications services equipment manufacturers 
and/or advanced communications service providers, or requiring 
them to use or incorporate specific proprietary technology. 
However, if necessary to aid manufacturers and service 
providers in achieving compliance, the Commission may adopt 
technical standards and allow manufacturers and service 
providers to qualify for a safe harbor by meeting those 
standards.
  New sections 716(a) and 716(b) require that manufacturers and 
service providers, respectively, make their devices and 
services accessible to individuals with disabilities, if 
achievable. It is the Committee's intent that these obligations 
apply to the specific equipment or services to the extent that 
they are used for advanced communications services.
  New section 716(c) provides that if it is not achievable for 
a manufacturer or service provider to make its product 
accessible, the manufacturer or provider shall ensure that the 
product is compatible with peripheral devices or specialized 
customer premises equipment commonly used by persons with 
disabilities to achieve access, unless doing so is not 
achievable.
  New section 716(d) states that each advanced communications 
services provider has a duty not to install network features, 
functions or capabilities that impede the accessibility or 
usability of advanced communications services. The Committee 
intends that the requirements of this section apply where the 
accessibility or usability of advanced communications services 
were incorporated in accordance with recognized industry 
standards.
  New section 716(e) gives the Commission one year from the 
date of enactment to promulgate regulations to implement this 
section. New section 716(e)(2) provides that advanced 
communications services and equipment may not impair or impede 
the accessibility of information content when accessibility has 
been incorporated into that content. The Committee intends that 
requirements of this subsection apply where the accessibility 
of such content has been incorporated in accordance with 
recognized industry standards.
  New section 716(g) enumerates the factors that the Commission 
shall consider when determining whether the provisions of this 
section are achievable for a specific device or service. The 
Committee intends for the Commission to weigh each factor 
equally when making an achievability determination.
  New section 716(g)(1) requires the Commission to consider the 
nature and cost of the steps needed to make the specific 
equipment or service in question accessible. The Committee 
intends for the Commission to consider how such steps, if 
required, would impact the specific equipment or service in 
question. New section 716(g)(2) requires the Commission to 
consider the economic and technical impact of making a product 
or service accessible on the operations of the manufacturer or 
provider, including on the development and deployment of new 
technologies by that manufacturer. New section 716(g)(3) 
requires the Commission to consider the type of operations of 
the manufacturer or provider. This factor permits the 
Commission to consider whether the entity offering the product 
or service has a history of offering advanced communication 
services or equipment or whether the entity has just begun to 
do so. Finally, new section 716(g)(4) directs the Commission to 
consider whether and to what extent the manufacturer or service 
provider in question has made available a range of accessible 
products and services with varying functionality and offered at 
different price points. The Committee intends that the 
Commission interpret this factor in a similar manner to the way 
it has implemented its hearing aid compatibility rules.
  New section 716(h) provides the Commission with the 
flexibility to waive the accessibility requirements for any 
feature or function of a device that is capable of accessing 
advanced communication services but is, in the judgment of the 
Commission, designed primarily for purposes other than 
accessing advanced communications. For example, a device 
designed for a purpose unrelated to accessing advanced 
communications might also provide, on an incidental basis, 
access to such services. In this case, the Commission may find 
that to promote technological innovation the accessibility 
requirements need not apply.
  New section 717(a) sets forth the complaint and enforcement 
procedures for the provisions of section 716. To the extent 
that the Commission finds that a service provider or 
manufacturer has violated these provisions, the Commission 
shall provide such entity a reasonable time to bring the 
service or equipment at issue into compliance. For equipment, 
the Committee notes that many consumer devices and wireless 
devices have relatively short life cycles in the marketplace. 
In these instances, the Committee does not expect the 
Commission to require retrofitting of such equipment that is 
already in the market.
  New section 717(b) requires the Commission to issue a report 
to Congress every two years assessing the level of compliance 
with the requirements of this Act, as well as other matters 
related to the effectiveness of the Commission's complaint 
resolution process.
  New section 717(c) requires the Comptroller General to 
conduct a study to consider and evaluate the Commission's 
compliance with new section 717, including its level of 
compliance with the deadlines established in and in accordance 
with new section 717 and with the deadlines for acting on 
complaints in accordance with subsection (a) of new section 
717. The Comptroller General's study must also consider and 
evaluate whether the Commission's enforcement actions under new 
section 717 have been fitting and successful in ensuring 
compliance with new section 717, whether enforcement provisions 
under the section are sufficient to ensure compliance the 
section, and whether the section's requirements have any effect 
on the development and deployment of new communications 
technologies and the extent of that effect, if any. New section 
717(c) also requires the Comptroller General to submit a report 
on the results of the study to the Senate Committee on 
Commerce, Science, and Transportation and the House Committee 
on Energy and Commerce. The report must include recommendations 
for how the section's enforcement process and measures can be 
improved or modified.
  New section 717(d) requires the Commission to establish a 
clearinghouse of information on the availability of accessible 
products and services and accessibility solutions required 
under sections 255 and 716 of the Communications Act. This 
clearinghouse must be established within one year after the 
date of the Act's enactment and must be made publicly available 
on the Commission's website and by other means. The 
clearinghouse must also include a list of products and services 
with access features, which is to be updated annually. The 
Commission is required to establish the clearinghouse in 
consultation with the Architectural and Transportation Barriers 
Compliance Board, the National Telecommunications and 
Information Administration, trade associations, and 
organizations representing individuals with disabilities.
  New section 717(e) requires the Commission, upon establishing 
the clearinghouse pursuant to subsection (d), to conduct an 
educational and informational program designed to inform the 
public about the clearinghouse and the protections and relief 
available under sections 255 and 716 of the Communications Act. 
This program must be conducted in coordination with the 
National Telecommunications and Information Administration.
Section 105. Relay services for deaf-blind individuals
  This section authorizes the Commission to support programs 
that distribute specialized customer premises equipment at 
subsidized rates to low-income individuals who are deaf-blind. 
The amount of support that the Commission may authorize from 
the interstate relay fund may not exceed $10 million in any 
fiscal year.
Section 106. Emergency Access Advisory Committee
  This section establishes an Emergency Access Advisory 
Committee (Advisory Committee) to examine issues related to 
access to emergency services by individuals with disabilities. 
The Advisory Committee will submit recommendations to the 
Commission regarding the effect of the migration to an 
Internet-protocol network on access to emergency services by 
individuals with disabilities, and taking into account 
technical and economic feasibility, the standards that may be 
necessary to ensure reliable access to emergency services and 
to public safety answering points, the potential replacement of 
TTY technology with more effective next-generation technology, 
and the updating of rules regarding 9-1-1 and E-911 services.
  The Commission has the authority to implement the 
recommendations proposed by the Advisory Committee, as well as 
any other regulations, technical standards, protocols, and 
procedures that are necessary to achieve reliable, 
interoperable communications that ensures access by persons 
with disabilities to emergency services, where achievable and 
technically feasible. Within one year of the completion of the 
member appointment process for the Advisory Committee, the 
Commission shall conduct a national survey of individuals with 
disabilities, soliciting input from the groups described in 
subsection (b)(2), to determine the most effective and 
efficient technologies and methods for enabling access to 
emergency services by persons with disabilities.

                      TITLE II--VIDEO PROGRAMMING

Section 201. Video Programming and Emergency Access Advisory Committee
  Section 201 directs the Chairman of the Commission to 
establish a Video Programming and Emergency Access Advisory 
Committee (Advisory Committee) composed of technical experts 
from entities that produce video programming, entities that 
distribute video programming, entities that manufacture 
equipment used to access video programming, groups representing 
the disabilities community, and any other individual with 
relevant technical expertise. The Committee notes that it may 
be appropriate for the Commission to include an individual from 
the Architectural and Transportation Barriers Compliance Board. 
The Advisory Committee is directed to examine technical and 
performance issues related to closed captioning, video 
description, access to emergency information provided on video 
programming, access to video programming guides and menus, and 
access to video equipment user interfaces. The Committee 
expects that these reports will form the basis of the 
Commission's subsequent rulemakings on these matters, but notes 
that the Commission retains the ability to adopt whatever 
requirements it sees fit to ensure the objectives of this Act 
are met. Specifically, the Commission shall adopt the 
recommendations contained in the reports if the Commission 
finds that the reports' recommendations adequately meet the 
Act's objectives. However, if the Commission finds that the 
reports' recommendations are inadequate in meeting the Act's 
objectives, then the Commission shall adopt the protocols, 
procedures, standards, or other technical requirements it 
determines necessary for fulfilling the Act's objectives. The 
Committee intends that the Commission periodically review and, 
if necessary, modify the standards and procedures adopted 
pursuant to this Act to ensure that Commission's rules keep 
pace with technological advances.
  The Advisory Committee will submit two reports to the 
Commission within 18 months of the date of enactment of this 
Act with findings and recommendations for the adoption of 
performance requirements and procedures.\5\ One report, to be 
submitted within six months of the day of the first meeting of 
the Advisory Committee, will address closed captioning on video 
programming delivered using Internet protocol and shall include 
an identification of the performance requirements for 
protocols, technical capabilities, and technical procedures 
needed to ensure the delivery of closed captions on such 
programming, to the extent that such programming does not 
include consumer generated media, as well as recommendations 
for technical standards to address the abovementioned 
performance requirements and for regulations that may be 
necessary to implement the provisions of this Act.
---------------------------------------------------------------------------
    \5\ Video description is a service that provides an audio 
description of the action or movements occurring on the screen, thereby 
making video programming more accessible to people with visual 
disabilities.
---------------------------------------------------------------------------
  The second report, to be delivered 18 months after the date 
of enactment of this Act, will address video description, 
emergency information, user interfaces, and video programming 
guides and menus. The report shall include a suggested schedule 
of deadlines for the provision of video description and 
emergency information. The report shall also include an 
identification of the performance requirement for protocols, 
technical capabilities, and technical procedures needed to 
ensure the delivery of video description services and emergency 
information using Internet protocol and recommendations for 
technical standards and regulations necessary to ensure access 
to emergency information on programming delivered using 
Internet protocol, excluding consumer generated media. Further, 
with respect to user interfaces, the report shall include 
recommendations for the standards, procedures, and protocols 
used to enable the functions of apparatus that are designed to 
receive and display video programming so that they are 
accessible to individuals with disabilities. Finally, with 
respect to video programming guides and menus, the report shall 
include recommendations for standards, protocols, and 
procedures necessary to ensure that such guides and interfaces 
are accessible.
  Not later than six months after the date on which the 
Advisory Committee submits the first report, the Commission 
shall take all steps necessary to adopt relevant protocols, 
procedures, standards, and other technical requirements needed 
to facilitate access to closed captions for video programming 
delivered using Internet protocol. Additionally, not later than 
18 months after the date on which the Advisory Committee 
submits the second report, the Commission shall take all 
necessary steps to adopt relevant protocols, procedures, 
standards, and other technical requirements needed to 
facilitate access to emergency information and video 
descriptions for video programming-except for consumer 
generated media-delivered using Internet protocol or digital 
broadcast television.
Section 202. Video description and closed captioning
  Section 202(a) amends section 713 of the Communications 
Act\6\ to direct the Commission to reinstate the video 
description rules that were vacated by the United States Court 
of Appeals for the District of Columbia Circuit in 2002, and to 
make only the following modifications to those rules. First, 
the reinstated rules will only apply to video programming that 
is transmitted for display on television in digital format. 
Second, the Commission is directed to update the list of the 
top 25 designated market areas, the list of the top 5 cable 
television networks, and the beginning calendar quarter for 
which compliance will be calculated. Third, the reinstated 
rules may allow providers of video programming or program 
owners to petition the Commission for an exemption from the 
requirements of section 713 upon a showing that those 
requirements would be economically burdensome. Fourth, the 
Commission may exempt from the reinstated rules a service, 
class of services, program, class of programs, equipment, or 
class of equipment for which the Commission has determined that 
the application of those rules would be economically burdensome 
for the provider of such service, program, or equipment. Fifth, 
the reinstated rules must not apply to live or near-live 
programming. Sixth, the reinstated rules must provide for a 
fitting phased schedule of deadlines for compliance. Finally, 
the Commission must consider extending the exemptions and 
limitations contained in the reinstated rules to all video 
programming owners and providers for technical capability 
reasons.
---------------------------------------------------------------------------
    \6\ 47 U.S.C. 613.
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  No later than a year after the completed phase-in of the 
reinstated video description rules, the Commission must 
commence two inquiries. The first inquiry will be for the 
purpose of obtaining information on 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 video description for providers of video 
programming and program owners. The second inquiry will be for 
the purpose of obtaining information on the technical and 
operational issues, costs, and benefits of video description on 
video programming distributed using Internet protocol. No later 
than a year after the above-mentioned deadline for initiating 
the inquiries, the Commission is required to submit a report to 
Congress on its findings for each of the inquiries.
  Section 202(a) also directs the Commission to complete a 
proceeding to identify methods to convey emergency information 
in a manner that is accessible to individuals who are blind or 
have vision impairments and to promulgate regulations that 
require video programming providers, distributors, and owners 
to convey such information in a manner that is accessible to 
individuals who are blind or have a visual impairment. The 
proceeding must be completed no later than one year after the 
date on which the Advisory Committee report is submitted to the 
Commission pursuant to section 201(e)(2) of this Act.
  The Committee is aware that emergency alert information is 
inherently local and time sensitive in nature. Therefore it is 
the intention of the Committee that the Commission have 
flexibility with respect to applying the requirements of new 
section 713(g) to the video programming providers, 
distributors, and owners that convey the type of video 
programming that will contain emergency information.
  Video programming owners must make certain that any closed 
captioning and video description required under this section is 
provided in a manner that conforms to the technical standards, 
protocols and procedures established by the Commission. A video 
programming provider or distributor will be deemed in 
compliance with this section and all of the rules and 
regulations promulgated pursuant to this section if the 
provider or distributor facilitates the rendering or pass 
through of closed captions and video description signals.
  Finally, section 202(a) defines ``video programming'' and 
provides a new definition for ``video description.'' ``Video 
description'' is defined as the placing of audio narrated 
descriptions of a television program's key visual elements into 
natural pauses between the program's dialogue. The term ``video 
programming'' includes programming by a television broadcast 
station and programming comparable to that which is provided by 
a television broadcast station. Consumer-generated media is 
specifically excluded from the definition of ``video 
programming.''
  Section 202(b) further amends section 713 of the 
Communications Act to require the inclusion of an appropriate 
schedule of deadlines for the provision of closed captioning of 
video programming once published or exhibited on television. 
Section 202(b) also directs the Commission to revise its 
regulations to require the closed captioning of video 
programming delivered using Internet protocol. The regulations 
shall apply only to programming that is published or exhibited 
on television with closed captions after the effective date of 
the regulations and also distributed using Internet protocol. 
The regulations must include an appropriate schedule of 
deadlines for the provision of closed captioning, and the 
schedule shall take 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. These regulations may be waived to the 
extent that the Commission finds that their application to live 
programming delivered using Internet protocol with captions 
after the effective date of such regulations would be 
economically burdensome to video programming providers or 
owners. The regulations must contain definitions for ``near-
live programming'' and ``edited for Internet distribution,'' 
and they may exempt any service, class of service, program, 
equipment, or class of equipment for which the Commission has 
determined that the application of the regulations would be 
economically burdensome for the provider of such service, 
program, or equipment. The regulations shall also provide that 
de minimis failure to comply with such regulations by a 
provider or owner of video programming shall not be treated as 
a violation of the regulations. The Committee intends, at this 
time, for the regulations to apply to full-length programming 
and not to video clips or outtakes. The Committee elected to 
apply the captioning requirement only prospectively and only to 
programming that is aired on television with captions and also 
delivered using Internet protocol.
  The Committee recognizes that online video distributors that 
are not multichannel video programming distributors may not be 
able to readily ascertain whether programs were distributed on 
television and thus subject to the closed captioning 
requirement. Accordingly, the Committee encourages the 
Commission to recognize good faith efforts to identify video 
programming subject to the Act. Additionally, the Commission 
may work to encourage the development of technology to 
accurately identify video programming subject to this section.
  Section 202(c) is a conforming amendment. The Committee 
encourages the Commission, in its determination of 
``economically burdensome'' to use the factors listed in 
section 713(e).
Section 203. Closed captioning decoder and video description capability
  Section 203(a) ensures that devices consumers use to view 
video programming are able to display closed captions, decode, 
and make available the transmission of video description 
services, and decode and make available emergency information. 
The Committee recognizes that many devices consumers use to 
view video programming are smaller and often portable. 
Therefore, the Committee provided that devices with screen 
sizes of less than 13 inches need only meet these requirements 
if doing so is achievable.
  The Committee has also given the Commission the express 
authority to waive the requirements of this subsection for any 
device or class of device whose primary purpose or essential 
utility is something other than receiving or playing video 
programming simultaneously transmitted with sound. This waiver 
provision is similar to the waiver provision in new section 
716(h) in that the Commission may, at its discretion, waive the 
requirements where, for instance, a consumer typically 
purchases a product for a primary purpose other than viewing 
video programming, and access to such programming is provided 
on an incidental basis. Waiver may occur on the Commission's 
own motion or in response to a manufacturer's petition.
  Section 203(b) provides that devices designed to record video 
programming enable the rendering or the pass through of closed 
captions, video description, and emergency information, if 
doing so is achievable.
Section 204. User interfaces on digital apparatus
  Section 204(a) requires that user interfaces for devices used 
to view video programming be accessible, if doing so is 
achievable. However, the Commission may not prescribe specific 
technical requirements for meeting this subsection. This 
subsection also requires that a device used to view video 
programming have built-in access to closed captioning and video 
description features and that such access be given by means of 
a key, button, icon, or similar mechanism. The purpose of this 
provision is to ensure ready access to these features by 
individuals with disabilities.
  Section 204(c) provides that devices manufactured to receive 
or play back the Advanced Television Systems Committee's Mobile 
DTV Standard A/153 need not comply with the provisions of this 
subsection for two years after the date on which such 
regulations are published in the Federal Register. The 
Committee notes that the market for mobile broadcast DTV 
services and equipment is nascent, and that a limited delay is 
appropriate in this case. The Committee intends that the 
Commission implement this provision in a technologically 
neutral manner.
Section 205. Access to video programming guides and menus provided on 
        navigation devices
  Section 205(a) requires that on-screen text menus and guides 
provided by navigation devices be audibly accessible to 
individuals who are blind or have a visual impairment and that 
the Commission may not prescribe specific technical 
requirements for meeting this subsection. This section also 
provides that when navigation devices include built-in closed 
captioning capability, access to such capability be available 
through a button, key, icon, or any other reasonably comparable 
mechanism. When dealing with apparatus features and functions 
delivered in software, the requirements of this subsection 
shall apply to the software manufacturer, and when dealing with 
apparatus features and functions delivered in hardware, the 
same requirements shall apply to the hardware manufacturer.
  Section 205(b)(4) provides that an entity providing the 
navigation device to the requesting blind or visually impaired 
individual may satisfy the requirements of this section through 
the use of software, a peripheral device, or any other 
solution, so long the entity provides such solution at no cost 
and in a reasonable amount of time to the requesting 
individual, and the entity ensures that such solution provides 
the access mandated by the regulations that the Commission 
implements pursuant to section 205(b)(1). It is the Committee's 
intent that these provisions allow providers of navigational 
devices great flexibility in meeting these requirements, while 
at the same time ensuring that individuals with disabilities 
are not burdened with additional costs.
Section 206. Definitions
  Section 206 contains definitions.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                       COMMUNICATIONS ACT OF 1934

SEC. 3. DEFINITIONS

                            [47 U.S.C. 153]

  For the purposes of this Act, unless the context otherwise 
requires--
          (1) 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.
          (2) Affiliate.--The term ``affiliate'' means a person 
        that (directly or indirectly) owns or controls, is 
        owned or controlled by, or is under common ownership or 
        control with, another person. For purposes of this 
        paragraph.--The term ``own'' means to own an equity 
        interest (or the equivalent thereof) of more than 10 
        percent.
          (3) Amateur station.--The term ``amateur station'' 
        means a radio station operated by a duly authorized 
        person interested in radio technique solely with a 
        personal aim and without pecuniary interest.
          (4) AT&T Consent Decree.--The term ``AT&T Consent 
        Decree'' means the order entered August 24, 1982, in 
        the antitrust action styled United States v. Western 
        Electric, Civil Action No. 82-0192, in the United 
        States District Court for the District of Columbia, and 
        includes any judgment or order with respect to such 
        action entered on or after August 24, 1982.
          (5) Bell operating company.--The term ``Bell 
        operating company''--
                  (A) means any of the following companies: 
                Bell Telephone Company of Nevada, Illinois Bell 
                Telephone Company, Indiana Bell Telephone 
                Company, Incorporated, Michigan Bell Telephone 
                Company, New England Telephone and Telegraph 
                Company, New Jersey Bell Telephone Company, New 
                York Telephone Company, U S West Communications 
                Company, South Central Bell Telephone Company, 
                Southern Bell Telephone and Telegraph Company, 
                Southwestern Bell Telephone Company, The Bell 
                Telephone Company of Pennsylvania, The 
                Chesapeake and Potomac Telephone Company, The 
                Chesapeake and Potomac Telephone Company of 
                Maryland, The Chesapeake and Potomac Telephone 
                Company of Virginia, The Chesapeake and Potomac 
                Telephone Company of West Virginia, The Diamond 
                State Telephone Company, The Ohio Bell 
                Telephone Company, The Pacific Telephone and 
                Telegraph Company, or Wisconsin Telephone 
                Company; and
                  (B) includes any successor or assign of any 
                such company that provides wireline telephone 
                exchange service; but
                  (C) does not include an affiliate of any such 
                company, other than an affiliate described in 
                subparagraph (A) or (B).
          (6) Broadcast station.--The term ``broadcast 
        station'', ``broadcasting station'', or ``radio 
        broadcast station'' means a radio station equipped to 
        engage in broadcasting as herein defined.
          (7) Broadcasting.--The term ``broadcasting'' means 
        the dissemination of radio communications intended to 
        be received by the public, directly or by the 
        intermediary of relay stations.
          (8) Cable service.--he term ``cable service'' has the 
        meaning given such term in section 602.
          (9) Cable system.--the term ``cable system'' has the 
        meaning given such term in section 602.
          (10) Chain broadcasting.--The term ``chain 
        broadcasting'' means simultaneous broadcasting of an 
        identical program by two or more connected stations.
          (11) Common carrier.--The term ``common carrier'' or 
        ``carrier'' means any person engaged as a common 
        carrier for hire, in interstate or foreign 
        communication by wire or radio or in interstate or 
        foreign radio transmission of energy, except where 
        reference is made to common carriers not subject to 
        this Act; but a person engaged in radio broadcasting 
        shall not, insofar as such person is so engaged, be 
        deemed a common carrier.
          (12) Connecting carrier.--The term ``connecting 
        carrier'' means a carrier described in clauses (2), 
        (3), or (4) of section 2(b).
          (13) Construction permit.--The term ``construction 
        permit'' or ``permit for construction'' means that 
        instrument of authorization required by this Act or the 
        rules and regulations of the Commission made pursuant 
        to this Act for the construction of a station, or the 
        installation of apparatus, for the transmission of 
        energy, or communications, or signals by radio, by 
        whatever name the instrument may be designated by the 
        Commission.
          (14) Consumer generated media.--The term ``consumer 
        generated media'' means content created and made 
        available by consumers to online sites and venues on 
        the Internet, including video, audio, and multimedia 
        content.
          (13) Corporation.--The term ``corporation'' includes 
        any corporation, joint-stock company, or association.
          (14) Customer premises equipment.--The term 
        ``customer premises equipment'' means equipment 
        employed on the premises of a person (other than a 
        carrier) to originate, route, or terminate 
        telecommunications.
          (15) Dialing parity.--The term ``dialing parity'' 
        means that a person that is not an affiliate of a local 
        exchange carrier is able to provide telecommunications 
        services in such a manner that customers have the 
        ability to route automatically, without the use of any 
        access code, their telecommunications to the 
        telecommunications services provider of the customer's 
        designation from among 2 or more telecommunications 
        services providers (including such local exchange 
        carrier).
          (16) 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).
          (17) 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 persons over communications 
        networks.
          (18) Exchange access.--The term ``exchange access'' 
        means the offering of access to telephone exchange 
        services or facilities for the purpose of the 
        origination or termination of telephone toll services.
          (19) Foreign communication.--The term ``foreign 
        communication'' or ``foreign transmission'' means 
        communication or transmission from or to any place in 
        the United States to or from a foreign country, or 
        between a station in the United States and a mobile 
        station located outside the United States.
          (20) Great Lakes Agreement.--The term ``Great Lakes 
        Agreement'' means the Agreement for the Promotion of 
        Safety on the Great Lakes by Means of Radio in force 
        and the regulations referred to therein.
          (21) Harbor.--The term ``harbor'' or ``port'' means 
        any place to which ships may resort for shelter or to 
        load or unload passengers or goods, or to obtain fuel, 
        water, or supplies. This term shall apply to such 
        places whether proclaimed public or not and whether 
        natural or artificial.
          (22) Information service.--The term ``information 
        service'' means the offering of a capability for 
        generating, acquiring, storing, transforming, 
        processing, retrieving, utilizing, or making available 
        information via telecommunications, and includes 
        electronic publishing, but does not include any use of 
        any such capability for the management, control, or 
        operation of a telecommunications system or the 
        management of a telecommunications service.
          (23) 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.
          (24) InterLATA service.--The term ``interLATA 
        service'' means telecommunications between a point 
        located in a local access and transport area and a 
        point located outside such area.
          (25) Interoperable video conferencing service.--The 
        term ``interoperable video conferencing service'' means 
        a service that provides real-time video communications, 
        including audio, to enable users to share information 
        of the user's choosing.''; and
          (26) Interstate communication.--The term ``interstate 
        communication'' or ``interstate transmission'' means 
        communication or transmission (A) from any State, 
        Territory, or possession of the United States (other 
        than the the Canal Zone), or the District of Columbia, 
        to any other State, Territory, or possession of the 
        United States (other than the Canal Zone), or the 
        District of Columbia, (B) from or to the United States 
        to or from the Canal Zone, insofar as such 
        communication or transmission takes place within the 
        United States, or (C) between points within the United 
        States but through a foreign country; but shall not, 
        with respect to the provisions of title II of this Act 
        (other than section 223 thereof) include wire or radio 
        communication between points in the same State, 
        Territory, or possession of the United States, or the 
        District of Columbia, through any place outside 
        thereof, if such communication is regulated by a State 
        commission.
          (27) Land station.--The term ``land station'' means a 
        station, other than a mobile station, used for radio 
        communication with mobile stations.
          (28) Licensee.--The term ``licensee'' means the 
        holder of a radio station license granted or continued 
        in force under authority of this Act.
          (29) Local access and transport area.--The term 
        ``local access and transport area'' or ``LATA'' means a 
        contiguous geographic area--
                  (A) established before the date of enactment 
                of the Telecommunications Act of 1996 by a Bell 
                operating company such that no exchange area 
                includes points within more than 1 metropolitan 
                statistical area, consolidated metropolitan 
                statistical area, or State, except as expressly 
                permitted under the AT&T Consent Decree; or
                  (B) established or modified by a Bell 
                operating company after such date of enactment 
                and approved by the Commission.
          (30) Local exchange carrier.--The term ``local 
        exchange carrier'' means any person that is engaged in 
        the provision of telephone exchange service or exchange 
        access. Such term does not include a person insofar as 
        such person is engaged in the provision of a commercial 
        mobile service under section 332(c), except to the 
        extent that the Commission finds that such service 
        should be included in the definition of such term.
          (31) Mobile service.--The term ``mobile service'' 
        means a radio communication service carried on between 
        mobile stations or receivers and land stations, and by 
        mobile stations communicating among themselves, and 
        includes (A) both one-way and two-way radio 
        communication services, (B) a mobile service which 
        provides a regularly interacting group of base, mobile, 
        portable, and associated control and relay stations 
        (whether licensed on an individual, cooperative, or 
        multiple basis) for private one-way or two-way land 
        mobile radio communications by eligible users over 
        designated areas of operation, and (C) any service for 
        which a license is required in a personal 
        communications service established pursuant to the 
        proceeding entitled ``Amendment to the Commission's 
        Rules to Establish New Personal Communications 
        Services'' (GEN Docket No. 90-314; ET Docket No. 92-
        100), or any successor proceeding.
          (32) Mobile station.--The term ``mobile station'' 
        means a radio-communication station capable of being 
        moved and which ordinarily does move.
          (33) Network element.--The term ``network element'' 
        means a facility or equipment used in the provision of 
        a telecommunications service. Such term also includes 
        features, functions, and capabilities that are provided 
        by means of such facility or equipment, including 
        subscriber numbers, databases, signaling systems, and 
        information sufficient for billing and collection or 
        used in the transmission, routing, or other provision 
        of a telecommunications service.
          (34) 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.
          (35) Number portability.--The term ``number 
        portability'' means the ability of users of 
        telecommunications services to retain, at the same 
        location, existing telecommunications numbers without 
        impairment of quality, reliability, or convenience when 
        switching from one telecommunications carrier to 
        another.
          (36) Operator.--
                  (A) ``Operator'' on a ship of the United 
                States means, for the purpose of parts II and 
                III of title III of this Act a person holding a 
                radio operator's license of the proper class as 
                prescribed and issued by the Commission.
                  (B) ``Operator'' on a foreign ship means, for 
                the purpose of part II of title III of this 
                Act, a person holding a certificate as such of 
                the proper class complying with the provisions 
                of the radio regulations annexed to the 
                International Telecommunication Convention in 
                force, or complying with an agreement or treaty 
                between the United States and the country in 
                which the ship is registered.
          (37) Person.--The term ``person'' includes an 
        individual, partnership, association, joint-stock 
        company, trust, or corporation.
          (38) Radio communication.--The term ``radio 
        communication'' or ``communication by radio'' means the 
        transmission by radio of writing, signs, signals, 
        pictures, and sounds of all kinds, including all 
        instrumentalities, facilities, apparatus, and services 
        (among other things, the receipt, forwarding, and 
        delivery of communications) incidental to such 
        transmission.
          (39) Radio officer.--
                  (A) ``Radio officer'' on a ship of the United 
                States means, for the purpose of part II of 
                title III of this Act, a person holding at 
                least a first or second class radiotelegraph 
                operator's license as prescribed and issued by 
                the Commission. When such person is employed to 
                operate a radiotelegraph station aboard a ship 
                of the United States, he is also required to be 
                licensed as a ``radio officer'' in accordance 
                with the Act of May 12, 1948 (46 USC 229a-h).
                  (B) ``Radio officer'' on a foreign ship 
                means, for the purpose of part II of title III 
                of this Act, a person holding at least a first 
                or second class radiotelegraph operator's 
                certificate complying with the provisions of 
                the radio regulations annexed to the 
                International Telecommunication Convention in 
                force.
          (40) Radio station.--The term ``radio station'' or 
        ``station'' means a station equipped to engage in radio 
        communication or radio transmission of energy.
          (41) Radiotelegraph auto alarm.--The term 
        ``radiotelegraph auto alarm'' on a ship of the United 
        States subject to the provisions of part II of title 
        III of this Act means an automatic alarm receiving 
        apparatus which responds to the radiotelegraph alarm 
        signal and has been approved by the Commission. 
        ``Radiotelegraph auto alarm'' on a foreign ship means 
        an automatic alarm receiving apparatus which responds 
        to the radiotelegraph alarm signal and has been 
        approved by the government of the country in which the 
        ship is registered: Provided, That the United States 
        and the country in which the ship is registered are 
        parties to the same treaty, convention, or agreement 
        prescribing the requirements for such apparatus. 
        Nothing in this Act or in any other provision of law 
        shall be construed to require the recognition of a 
        radiotelegraph auto alarm as complying with part II of 
        title III of this Act, on a foreign ship subject to 
        such part, where the country in which the ship is 
        registered and the United States are not parties to the 
        same treaty, convention, or agreement prescribing the 
        requirements for such apparatus.
          (42) Rural telephone company.--The term ``rural 
        telephone company'' means a local exchange carrier 
        operating entity to the extent that such entity--
                  (A) provides common carrier service to any 
                local exchange carrier study area that does not 
                include either--
                          (i) any incorporated place of 10,000 
                        inhabitants or more, or any part 
                        thereof, based on the most recently 
                        available population statistics of the 
                        Bureau of the Census; or
                          (ii) any territory, incorporated or 
                        unincorporated, included in an 
                        urbanized area, as defined by the 
                        Bureau of the Census as of August 10, 
                        1993;
                  (B) provides telephone exchange service, 
                including exchange access, to fewer than 50,000 
                access lines;
                  (C) provides telephone exchange service to 
                any local exchange carrier study area with 
                fewer than 100,000 access lines; or
                  (D) has less than 15 percent of its access 
                lines in communities of more than 50,000 on the 
                date of enactment of the Telecommunications Act 
                of 1996.
          (43) Safety convention.--The term ``safety 
        convention'' means the International Convention for the 
        Safety of Life at Sea in force and the regulations 
        referred to therein.
          (44) Ship.--
                  (A) ``Ship'' or ``vessel'' includes every 
                description of watercraft or other artificial 
                contrivance, except aircraft, used or capable 
                of being used as a means of transportation on 
                water, whether or not it is actually afloat.
                  (B) A ship shall be considered a passenger 
                ship if it carries or is licensed or 
                certificated to carry more than twelve 
                passengers.
                  (C) A cargo ship means any ship not a 
                passenger ship.
                  (D) A passenger is any person carried on 
                board a ship or vessel except (1) the officers 
                and crew actually employed to man and operate 
                the ship, (2) persons employed to carry on the 
                business of the ship, and (3) persons on board 
                a ship when they are carried, either because of 
                the obligation laid upon the master to carry 
                shipwrecked, distressed, or other persons in 
                like or similar situations or by reason of any 
                circumstance over which neither the master, the 
                owner, nor the charterer (if any) has control.
                  (E) ``Nuclear ship'' means a ship provided 
                with a nuclear powerplant.
          (45) State.--The term ``State'' includes the District 
        of Columbia and the Territories and possessions.
          (41) State commission.--The term ``State commission'' 
        means the commission, board, or official (by whatever 
        name designated) which under the laws of any State has 
        regulatory jurisdiction with respect to intrastate 
        operations of carriers.
          (46) Station license.--The term ``station license'', 
        ``radio station license'', or ``license'' means that 
        instrument of authorization required by this Act or the 
        rules and regulations of the Commission made pursuant 
        to this Act, for the use or operation of apparatus for 
        transmission of energy, or communications, or signals 
        by radio, by whatever name the instrument may be 
        designated by the Commission.
          (47) Telecommunications.--The term 
        ``telecommunications'' means the transmission, between 
        or among points specified by the user, of information 
        of the user's choosing, without change in the form or 
        content of the information as sent and received.
          (48) Telecommunications carrier.--The term 
        ``telecommunications carrier'' means any provider of 
        telecommunications services, except that such term does 
        not include aggregators of telecommunications services 
        (as defined in section 226). A telecommunications 
        carrier shall be treated as a common carrier under this 
        Act only to the extent that it is engaged in providing 
        telecommunications services, except that the Commission 
        shall determine whether the provision of fixed and 
        mobile satellite service shall be treated as common 
        carriage.
          (49) Telecommunications equipment.--The term 
        ``telecommunications equipment'' means equipment, other 
        than customer premises equipment, used by a carrier to 
        provide telecommunications services, and includes 
        software integral to such equipment (including 
        upgrades).
          (50) Telecommunications service.--The term 
        ``telecommunications service'' means the offering of 
        telecommunications for a fee directly to the public, or 
        to such classes of users as to be effectively available 
        directly to the public, regardless of the facilities 
        used.
          (51) Telephone exchange service.--The term 
        ``telephone exchange service'' means (A) service within 
        a telephone exchange, or within a connected system of 
        telephone exchanges within the same exchange area 
        operated to furnish to subscribers intercommunicating 
        service of the character ordinarily furnished by a 
        single exchange, and which is covered by the exchange 
        service charge, or (B) comparable service provided 
        through a system of switches, transmission equipment, 
        or other facilities (or combination thereof) by which a 
        subscriber can originate and terminate a 
        telecommunications service.
          (52) Telephone toll service.--The term ``telephone 
        toll service'' means telephone service between stations 
        in different exchange areas for which there is made a 
        separate charge not included in contracts with 
        subscribers for exchange service.
          (53) Television service.
                  (A) Analog television service.--The term 
                ``analog television service'' means television 
                service provided pursuant to the transmission 
                standards prescribed by the Commission in 
                section 73.682(a) of its regulations (47 C.F.R. 
                73.682(a)).
                  (B) Digital television service.--The term 
                ``digital television service'' means television 
                service provided pursuant to the transmission 
                standards prescribed by the Commission in 
                section 73.682(d) of its regulations (47 C.F.R. 
                73.682(d)).
          (54) Transmission of energy by radio.--The term 
        ``transmission of energy by radio'' or ``radio 
        transmission of energy'' includes both such 
        transmission and all instrumentalities, facilities, and 
        services incidental to such transmission.
          (55) United States.--The term ``United States'' means 
        the several States and Territories, the District of 
        Columbia, and the possessions of the United States, but 
        does not include the Canal Zone.
          (56) Wire communication.--The term ``wire 
        communication or ``communication by wire'' means the 
        transmission of writing, signs, signals, pictures, and 
        sounds of all kinds by aid of wire, cable, or other 
        like connection between the points of origin and 
        reception of such transmission, including all 
        instrumentalities, facilities, apparatus, and services 
        (among other things, the receipt, forwarding, and 
        delivery of communications) incidental to such 
        transmission.

SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED AND SPEECH-
                    IMPAIRED INDIVIDUALS .

                            [47 U.S.C. 225]

  (a) Definitions.--As used in this section--
          (1) Common carrier or carrier.--The term ``common 
        carrier'' or ``carrier'' includes any common carrier 
        engaged in interstate communication by wire or radio as 
        defined in section 3 and any common carrier engaged in 
        intrastate communication by wire or radio, 
        notwithstanding sections 2(b) and 221(b).
          (2) TDD.--The term ``TDD'' means a Telecommunications 
        Device for the Deaf, which is a machine that employs 
        graphic communication in the transmission of coded 
        signals through a wire or radio communication system.
          [(3) Telecommunications relay services.--The term 
        ``telecommunications relay services'' means telephone 
        transmission services that provide the ability for an 
        individual who has a hearing impairment or speech 
        impairment to engage in communication by wire or radio 
        with a hearing individual in a manner that is 
        functionally equivalent to the ability of an individual 
        who does not have a hearing impairment or speech 
        impairment to communicate using voice communication 
        services by wire or radio. Such term includes services 
        that enable two-way communication between an individual 
        who uses a TDD or other nonvoice terminal device and an 
        individual who does not use such a device.]
          (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) Availability of Telecommunications Relay Services.--
          (1) In general.--In order to carry out the purposes 
        established under section 1, to make available to all 
        individuals in the United States a rapid, efficient 
        nationwide communication service, and to increase the 
        utility of the telephone system of the Nation, the 
        Commission shall ensure that interstate and intrastate 
        telecommunications relay services are available to the 
        extent possible and in the most efficient manner, to 
        hearing-impaired and speech-impaired individuals in the 
        United States.
          (2) Use of general authority and remedies.--For the 
        purposes of administering and enforcing the provisions 
        of this section and the regulations prescribed 
        thereunder, the Commission shall have the same 
        authority, power, and functions with respect to common 
        carriers engaged in intrastate communication as the 
        Commission has in administering and enforcing the 
        provisions of this title with respect to any common 
        carrier engaged in interstate communication. Any 
        violation of this section by any common carrier engaged 
        in intrastate communication shall be subject to the 
        same remedies, penalties, and procedures as are 
        applicable to a violation of this Act by a common 
        carrier engaged in interstate communication.
  (c) Provision of Services.--Each common carrier providing 
telephone voice transmission services shall, not later than 3 
years after the date of enactment of this section, provide in 
compliance with the regulations prescribed under this section, 
throughout the area in which it offers service, 
telecommunications relay services, individually, through 
designees, through a competitively selected vendor, or in 
concert with other carriers. A common carrier shall be 
considered to be in compliance with such regulations--
          (1) with respect to intrastate telecommunications 
        relay services in any State that does not have a 
        certified program under subsection (f) and with respect 
        to interstate telecommunications relay services, if 
        such common carrier (or other entity through which the 
        carrier is providing such relay services) is in 
        compliance with the Commission's regulations under 
        subsection (d); or
          (2) with respect to intrastate telecommunications 
        relay services in any State that has a certified 
        program under subsection (f) for such State, if such 
        common carrier (or other entity through which the 
        carrier is providing such relay services) is in 
        compliance with the program certified under subsection 
        (f) for such State.
  (d) Regulations.--
          (1) In general.--The Commission shall, not later than 
        1 year after the date of enactment of this section, 
        prescribe regulations to implement this section, 
        including regulations that--
                  (A) establish functional requirements, 
                guidelines, and operations procedures for 
                telecommunications relay services;
                  (B) establish minimum standards that shall be 
                met in carrying out subsection (c);
                  (C) require that telecommunications relay 
                services operate every day for 24 hours per 
                day;
                  (D) require that users of telecommunications 
                relay services pay rates no greater than the 
                rates paid for functionally equivalent voice 
                communication services with respect to such 
                factors as the duration of the call, the time 
                of day, and the distance from point of 
                origination to point of termination;
                  (E) prohibit relay operators from failing to 
                fulfill the obligations of common carriers by 
                refusing calls or limiting the length of calls 
                that use telecommunications relay services;
                  (F) prohibit relay operators from disclosing 
                the content of any relayed conversation and 
                from keeping records of the content of any such 
                conversation beyond the duration of the call; 
                and
                  (G) prohibit relay operators from 
                intentionally altering a relayed conversation.
          (2) Technology.--The Commission shall ensure that 
        regulations prescribed to implement this section 
        encourage, consistent with section 7(a) of this Act, 
        the use of existing technology and do not discourage or 
        impair the development of improved technology.
          (3) Jurisdictional separation of costs.
                  (A) In general.--Consistent with the 
                provisions of section 410 of this Act, the 
                Commission shall prescribe regulations 
                governing the jurisdictional separation of 
                costs for the services provided pursuant to 
                this section.
                  (B) Recovering costs.--Such regulations shall 
                generally provide that costs caused by 
                interstate telecommunications relay services 
                shall be recovered from all subscribers for 
                every interstate service and costs caused by 
                intrastate telecommunications relay services 
                shall be recovered from the intrastate 
                jurisdiction. In a State that has a certified 
                program under subsection (f), a State 
                commission shall permit a common carrier to 
                recover the costs incurred in providing 
                intrastate telecommunications relay services by 
                a method consistent with the requirements of 
                this section.
  (e) Enforcement.--
          (1) In general.--Subject to subsections (f) and (g), 
        the Commission shall enforce this section.
          (2) Complaint.--The Commission shall resolve, by 
        final order, a complaint alleging a violation of this 
        section within 180 days after the date such complaint 
        is filed.
  (f) Certification.--
          (1) State documentation.-- Any State desiring to 
        establish a State program under this section shall 
        submit documentation to the Commission that describes 
        the program of such State for implementing intrastate 
        telecommunications relay services and the procedures 
        and remedies available for enforcing any requirements 
        imposed by the State program.
          (2) Requirements for certification.--After review of 
        such documentation, the Commission shall certify the 
        State program if the Commission determines that--
                  (A) the program makes available to hearing-
                impaired and speech-impaired individuals, 
                either directly, through designees, through a 
                competitively selected vendor, or through 
                regulation of intrastate common carriers, 
                intrastate telecommunications relay services in 
                such State in a manner that meets or exceeds 
                the requirements of regulations prescribed by 
                the Commission under subsection (d); and
                  (B) the program makes available adequate 
                procedures and remedies for enforcing the 
                requirements of the State program.
          (3) Method of funding.--Except as provided in 
        subsection (d), the Commission shall not refuse to 
        certify a State program based solely on the method such 
        State will implement for funding intrastate 
        telecommunication relay services.
          (4) Suspension or revocation of certification.--The 
        Commission may suspend or revoke such certification if, 
        after notice and opportunity for hearing, the 
        Commission determines that such certification is no 
        longer warranted. In a State whose program has been 
        suspended or revoked, the Commission shall take such 
        steps as may be necessary, consistent with this 
        section, to ensure continuity of telecommunications 
        relay services.
  (g) Complaint.--
          (1) Referral of complaint.--If a complaint to the 
        Commission alleges a violation of this section with 
        respect to intrastate telecommunications relay services 
        within a State and certification of the program of such 
        State under subsection (f) is in effect, the Commission 
        shall refer such complaint to such State.
          (2) Jurisdiction of Commission.--After referring a 
        complaint to a State under paragraph (1), the 
        Commission shall exercise jurisdiction over such 
        complaint only if--
                  (A) final action under such State program has 
                not been taken on such complaint by such 
                State--
                          (i) within 180 days after the 
                        complaint is filed with such State; or
                          (ii) within a shorter period as 
                        prescribed by the regulations of such 
                        State; or
                  (B) the Commission determines that such State 
                program is no longer qualified for 
                certification under subsection (f).

SEC. 303. POWERS AND DUTIES OF COMMISSION.

                            [47 U.S.C. 303]

  Except as otherwise provided in this Act, the Commission from 
time to time, as public convenience, interest, or necessity 
requires, shall--
          (a) Classify radio stations;
          (b) Prescribe the nature of the service to be 
        rendered by each class of licensed stations and each 
        station within any class;
          (c) Assign bands of frequencies to the various 
        classes of stations, and assign frequencies for each 
        individual station and determine the power which each 
        station shall use and the time during which it may 
        operate;
          (d) Determine the location of classes of stations or 
        individual stations;
          (e) Regulate the kind of apparatus to be used with 
        respect to its external effects and the purity and 
        sharpness of the emissions from each station and from 
        the apparatus therein;
          (f) Make such regulations not inconsistent with law 
        as it may deem necessary to prevent interference 
        between stations and to carry out the provisions of 
        this Act: Provided, however, That changes in the 
        frequencies, authorized power, or in the times of 
        operation of any station, shall not be made without the 
        consent of the station licensee unless the Commission 
        shall determine that such changes will promote public 
        convenience or interest or will serve public necessity, 
        or the provisions of this Act will be more fully 
        complied with;
          (g) Study new uses for radio, provide for 
        experimental uses of frequencies, and generally 
        encourage the larger and more effective use of radio in 
        the public interest;
          (h) Have authority to establish areas or zones to be 
        served by any station;
          (i) Have authority to make special regulations 
        applicable to radio stations engaged in chain 
        broadcasting;
          (j) Have authority to make general rules and 
        regulations requiring stations to keep such records of 
        programs, transmissions of energy, communications, or 
        signals as it may deem desirable;
          (k) Have authority to exclude from the requirements 
        of any regulations in whole or in part any radio 
        station upon railroad rolling stock, or to modify such 
        regulations in its discretion;
          (l)(1) Have authority to prescribe the qualifications 
        of station operators, to classify them according to the 
        duties to be performed, to fix the forms of such 
        licenses, and to issue them to persons who are found to 
        be qualified by the Commission and who otherwise are 
        legally eligible for employment in the United States; 
        except that such requirement relating to eligibility 
        for employment in the United States shall not apply in 
        the case of licenses issued by the Commission to (A) 
        persons holding United States pilot certificates; or 
        (B) persons holding foreign aircraft pilot certificates 
        which are valid in the United States, if the foreign 
        government involved has entered into a reciprocal 
        agreement under which such foreign government does not 
        impose any similar requirement relating to eligibility 
        for employment upon citizens of the United States;
          (2) Notwithstanding paragraph (1) of this subsection, 
        an individual to whom a radio station is licensed under 
        the provisions of this Act may be issued an operator's 
        license to operate that station.
          (3) In addition to amateur operator licenses which 
        the Commission may issue to aliens pursuant to 
        paragraph (2) of this subsection, and notwithstanding 
        section 301 of this Act and paragraph (1) of this 
        subsection, the Commission may issue authorizations, 
        under such conditions and terms as it may prescribe, to 
        permit an alien licensed by his government as an 
        amateur radio operator to operate his amateur radio 
        station licensed by his government in the United 
        States, its possessions, and the Commonwealth of Puerto 
        Rico provided there is in effect a multilateral or 
        bilateral agreement, to which the United States and the 
        alien's government are parties, for such operation on a 
        reciprocal basis by United States amateur radio 
        operators. Other provisions of this Act and of the 
        Administrative Procedure Act shall not be applicable to 
        any request or application for or modification, 
        suspension, or cancellation of any such authorization.
          (m)(1) Have authority to suspend the license of any 
        operator upon proof sufficient to satisfy the 
        Commission that the licensee--
                  (A) has violated, or caused, aided, or 
                abetted the violation of, any provision of any 
                Act, treaty, or convention binding on the 
                United States, which the Commission is 
                authorized to administer, or any regulation 
                made by the Commission under any such Act, 
                treaty, or convention; or
                  (B) has failed to carry out a lawful order of 
                the master or person lawfully in charge of the 
                ship or aircraft on which he is employed; or
                  (C) has willfully damaged or permitted radio 
                apparatus or installations to be damaged; or
                  (D) has transmitted superfluous radio 
                communications or signals or communications 
                containing profane or obscene words, language, 
                or meaning, or has knowingly transmitted--
                          (1) false or deceptive signals or 
                        communications, or
                          (2) a call signal or letter which has 
                        not been assigned by proper authority 
                        to the station he is operating; or
                  (E) has willfully or maliciously interfered 
                with any other radio communications or signals; 
                or
                  (F) has obtained or attempted to obtain, or 
                has assisted another to obtain or attempt to 
                obtain, an operator's license by fraudulent 
                means.
          (2) No order of suspension of any operator's license 
        shall take effect until fifteen days' notice in writing 
        thereof, stating the cause for the proposed suspension, 
        has been given to the operator licensee who may make 
        written application to the Commission at any time 
        within said fifteen days for a hearing upon such order. 
        The notice to the operator licensee shall not be 
        effective until actually received by him, and from that 
        time he shall have fifteen days in which to mail the 
        said application. In the event that physical conditions 
        prevent mailing of the application at the expiration of 
        the fifteen-day period, the application shall then be 
        mailed as soon as possible thereafter, accompanied by a 
        satisfactory explanation of the delay. Upon receipt by 
        the Commission of such application for hearing, said 
        order of suspension shall be held in abeyance until the 
        conclusion of the hearing which shall be conducted 
        under such rules as the Commission may prescribe. Upon 
        the conclusion of said hearing the Commission may 
        affirm, modify, or revoke said order of suspension.
          (n) Have authority to inspect all radio installations 
        associated with stations required to be licensed by any 
        Act, or which the Commission by rule has authorized to 
        operate without a license under section 307(e)(1); or 
        which are subject to the provisions of any Act, treaty, 
        or convention binding on the United States, to 
        ascertain whether in construction, installation, and 
        operation they conform to the requirements of the rules 
        and regulations of the Commission, the provisions of 
        any Act.--The terms of any treaty or convention binding 
        on the United States, and the conditions of the license 
        or other instrument of authorization under which they 
        are constructed, installed, or operated.
          (o) Have authority to designate call letters of all 
        stations;
          (p) Have authority to cause to be published such call 
        letters and such other announcements and data as in the 
        judgment of the Commission may be required for the 
        efficient operation of radio stations subject to the 
        jurisdiction of the United States and for the proper 
        enforcement of this Act;
          (q) Have authority to require the painting and/or 
        illumination of radio towers if and when in its 
        judgment such towers constitute, or there is a 
        reasonable possibility that they may constitute, a 
        menace to air navigation. The permittee or licensee, 
        and the tower owner in any case in which the owner is 
        not the permittee or licensee, shall maintain the 
        painting and/or illumination of the tower as prescribed 
        by the Commission pursuant to this section. In the 
        event that the tower ceases to be licensed by the 
        Commission for the transmission of radio energy, the 
        owner of the tower shall maintain the prescribed 
        painting and/or illumination of such tower until it is 
        dismantled, and the Commission may require the owner to 
        dismantle and remove the tower when the Administrator 
        of the Federal Aviation Agency determines that there is 
        a reasonable possibility that it may constitute a 
        menace to air navigation.
          (r) Make such rules and regulations and prescribe 
        such restrictions and conditions, not inconsistent with 
        law, as may be necessary to carry out the provisions of 
        this Act, or any international radio or wire 
        communications treaty or convention, or regulations 
        annexed thereto, including any treaty or convention 
        insofar as it relates to the use of radio, to which the 
        United States is or may hereafter become a party.
          (s) Have authority to require that apparatus designed 
        to receive television pictures broadcast simultaneously 
        with sound be capable of adequately receiving all 
        frequencies allocated by the Commission to television 
        broadcasting when such apparatus is shipped in 
        interstate commerce, or is imported from any foreign 
        country into the United States, for sale or resale to 
        the public.
          (t) Notwithstanding the provisions of section 301(e), 
        have authority, in any case in which an aircraft 
        registered in the United States is operated (pursuant 
        to a lease, charter, or similar arrangement) by an 
        aircraft operator who is subject to regulation by the 
        government of a foreign nation, to enter into an 
        agreement with such government under which the 
        Commission shall recognize and accept any radio station 
        licenses and radio operator licenses issued by such 
        government with respect to such aircraft.
          [(u) Require that apparatus designed to receive 
        television pictures broadcast simultaneously with sound 
        be equipped with built-in decoder circuitry designed to 
        display closed-captioned television transmissions when 
        such apparatus is manufactured in the United States or 
        imported for use in the United States, and its 
        television picture screen is 13 inches or greater in 
        size.]
          (u) Require that--
                  (1) apparatus designed to receive or play 
                back video programming transmitted 
                simultaneously with sound, if such apparatus is 
                manufactured in the United States or imported 
                for use in the United States and uses a picture 
                screen of any size--
                          (A) be equipped with built-in closed 
                        caption decoder circuitry or capability 
                        designed to display closed-captioned 
                        video programming;
                          (B) have the capability to decode and 
                        make available the transmission and 
                        delivery of video description services 
                        as required by regulations reinstated 
                        and modified pursuant to section 
                        713(f); and
                          (C) have the capability to decode and 
                        make available emergency information 
                        (as that term is defined in section 
                        79.2 of the Commission's regulations 
                        (47 CFR 79.2)) in a manner that is 
                        accessible to individuals who are blind 
                        or visually impaired; and
                  (2) notwithstanding paragraph (1) of this 
                subsection--
                          (A) apparatus described in such 
                        paragraph that use a picture screen 
                        that is less than 13 inches in size 
                        meet the requirements of subparagraph 
                        (A), (B), or (C) of such paragraph only 
                        if the requirements of such 
                        subparagraphs are achievable (as 
                        defined in section 716);
                          (B) any apparatus or class of 
                        apparatus that are display-only video 
                        monitors with no playback capability 
                        are exempt from the requirements of 
                        such paragraph; and
                          (C) the Commission shall have the 
                        authority, on its own motion or in 
                        response to a petition by a 
                        manufacturer, to waive the requirements 
                        of this subsection for any apparatus or 
                        class of apparatus--
                                  (i) primarily designed for 
                                activities other than receiving 
                                or playing back video 
                                programming transmitted 
                                simultaneously with sound; or
                                  (ii0 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.
          (v) Have exclusive jurisdiction to regulate the 
        provision of direct-to-home satellite services. As used 
        in this subsection.--The term ``direct-to-home 
        satellite services'' means the distribution or 
        broadcasting of programming or services by satellite 
        directly to the subscriber's premises without the use 
        of ground receiving or distribution equipment, except 
        at the subscriber's premises or in the uplink process 
        to the satellite.
          (w) [Note: This paragraph did not take effect. See 
        section 551(e)(1) of the Telecommunications Act of 
        1996; 47 U.S.C. 303 note]
          (x) Require, in the case of an apparatus designed to 
        receive television signals that are shipped in 
        interstate commerce or manufactured in the United 
        States and that have a picture screen 13 inches or 
        greater in size (measured diagonally), that such 
        apparatus be equipped with a feature designed to enable 
        viewers to block display of all programs with a common 
        rating, except as otherwise permitted by regulations 
        pursuant to section 330(c)(4).
          (y) Have authority to allocate electromagnetic 
        spectrum so as to provide flexibility of use, if--
                  (1) such use is consistent with international 
                agreements to which the United States is a 
                party; and
                  (2) the Commission finds, after notice and an 
                opportunity for public comment, that--
                          (A) such an allocation would be in 
                        the public interest;
                          (B) such use would not deter 
                        investment in communications services 
                        and systems, or technology development; 
                        and
                          (C) such use would not result in 
                        harmful interference among users.
          (z) Require that--
                  (1) if achievable (as defined in section 
                716), apparatus designed to record video 
                programming transmitted simultaneously with 
                sound, if such apparatus is manufactured in the 
                United States or imported for use in the United 
                States, enable the rendering or the pass 
                through of closed captions, video description 
                signals, and emergency information (as that 
                term is defined in section 79.2 of title 47, 
                Code of Federal Regulations) such that viewers 
                are able to activate and de-activate the closed 
                captions and video description as the video 
                programming is played back on a picture screen 
                of any size; and
                  (2) interconnection mechanisms and standards 
                for digital video source devices are available 
                to carry from the source device to the consumer 
                equipment the information necessary to permit 
                or render the display of closed captions and to 
                make encoded video description and emergency 
                information audible.
          (aa) Require--
                  (1) if achievable (as defined in section 716) 
                that digital apparatus designed to receive or 
                play back video programming transmitted in 
                digital format simultaneously with sound, 
                including apparatus designed to receive or 
                display video programming transmitted in 
                digital format using Internet protocol, be 
                designed, developed, and fabricated so that 
                control of appropriate built-in apparatus 
                functions are accessible to and usable by 
                individuals who are blind or visually impaired, 
                except that the Commission may not specify the 
                technical standards, protocols, procedures, and 
                other technical requirements for meeting this 
                requirement;
                  (2) that if on-screen text menus or other 
                visual indicators built in to the digital 
                apparatus are used to access the functions of 
                the apparatus described in paragraph (1), such 
                functions shall be accompanied by audio output 
                that is either integrated or peripheral to the 
                apparatus, so that such menus or indicators are 
                accessible to and usable by individuals who are 
                blind or visually impaired in real-time;
                  (3) that for such apparatus equipped with the 
                functions described in paragraphs (1) and (2) 
                built in access to those closed captioning and 
                video description features through a mechanism 
                that is reasonably comparable to a button, key, 
                or icon designated by activating the closed 
                captioning or accessibility features; and
                  (4) that in applying this subsection the term 
                ``apparatus'' does not include a navigation 
                device, as such term is defined in section 
                76.1200 of the Commission's rules (47 CFR 
                76.1200).
  (bb) Require--
          (1) if achievable (as defined in section 716), that 
        the on-screen text menus and guides provided by 
        navigation devices (as such term is defined in section 
        76.1200 of title 47, Code of Federal Regulations) for 
        the display or selection of multichannel video 
        programming are audibly accessible in real-time upon 
        request by individuals who are blind or visually 
        impaired, except that the Commission may not specify 
        the technical standards, protocols, procedures, and 
        other technical requirements for meeting this 
        requirement; and
          (2) for navigation devices with built-in closed 
        captioning capability, that access to that capability 
        through a mechanism is reasonably comparable to a 
        button, key, or icon designated for activating the 
        closed captioning, or accessibility features.
With respect to apparatus features and functions delivered in 
software, the requirements set forth in this subsection shall 
apply to the manufacturer of such software. With respect to 
apparatus features and functions delivered in hardware, the 
requirements set forth in this subsection shall apply to the 
manufacturer of such hardware.

SEC. 330. PROHIBITION AGAINST SHIPMENT OF CERTAIN TELEVISION RECEIVERS.

                            [47 U.S.C. 330]

  (a) No person shall ship in interstate commerce, or import 
from any foreign country into the United States, for sale or 
resale to the public, apparatus described in paragraph (s) of 
section 303 unless it complies with rules prescribed by the 
Commission pursuant to the authority granted by that paragraph: 
Provided, That this section shall not apply to carriers 
transporting such apparatus without trading in it.
  (b) No person shall ship in interstate commerce, manufacture, 
assemble, or import from any foreign country into the United 
States, any apparatus described in section [303(u)] 303(u) and 
(z) of this Act except in accordance with rules prescribed by 
the Commission pursuant to the authority granted by that 
section. [Such rules shall provide performance and display 
standards for such built-in decoder circuitry.] 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. Such rules 
shall further require that all such apparatus be able to 
receive and display closed captioning which have been 
transmitted by way of line 21 of the vertical blanking interval 
and which conform to the signal and display specifications set 
forth in the Public Broadcasting System engineering report 
numbered E-7709-C dated May 1980, as amended by the Telecaption 
II Decoder Module Performance Specification published by the 
National Captioning Institute, November 1985. As new video 
technology is developed, the Commission shall take such action 
as the Commission determines appropriate to ensure that 
[closed-captioning service continues] closed-captioning service 
and video description service continue to be available to 
consumers. This subsection shall not apply to carriers 
transporting such apparatus without trading it.
  (c)(1) Except as provided in paragraph (2), no person shall 
ship in interstate commerce or manufacture in the United States 
any apparatus described in section 303(x) of this Act except in 
accordance with rules prescribed by the Commission pursuant to 
the authority granted by that section.
  (2) This subsection shall not apply to carriers transporting 
apparatus referred to in paragraph (1) without trading in it.
  (3) The rules prescribed by the Commission under this 
subsection shall provide for the oversight by the Commission of 
the adoption of standards by industry for blocking technology. 
Such rules shall require that all such apparatus be able to 
receive the rating signals which have been transmitted by way 
of line 21 of the vertical blanking interval and which conform 
to the signal and blocking specifications established by 
industry under the supervision of the Commission.
  (4) As new video technology is developed, the Commission 
shall take such action as the Commission determines appropriate 
to ensure that blocking service continues to be available to 
consumers. If the Commission determines that an alternative 
blocking technology exists that--
          (A) enables parents to block programming based on 
        identifying programs without ratings,
          (B) is available to consumers at a cost which is 
        comparable to the cost of technology that allows 
        parents to block programming based on common ratings, 
        and
          (C) will allow parents to block a broad range of 
        programs on a multichannel system as effectively and as 
        easily as technology that allows parents to block 
        programming based on common ratings,
the Commission shall amend the rules prescribed pursuant to 
section 303(x) to require that the apparatus described in such 
section be equipped with either the blocking technology 
described in such section or the alternative blocking 
technology described in this paragraph.
  (d) For the purposes of this section, and sections 303(s), 
303(u), and 303(x)--
          (1) The term ``interstate commerce'' means (A) 
        commerce between any State, the District of Columbia, 
        the Commonwealth of Puerto Rico, or any possession of 
        the United States and any place outside thereof which 
        is within the United States, (B) commerce between 
        points in the same State, the District of Columbia, the 
        Commonwealth of Puerto Rico, or possession of the 
        United States but through any place outside thereof, or 
        (C) commerce wholly within the District of Columbia or 
        any possession of the United States.
          (2) The term ``United States'' means the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and the possessions of the United States, 
        but does not include the Canal Zone.

SEC. 402. JUDICIAL REVIEW OF COMMISSION'S ORDERS AND DECISIONS.

                            [47 U.S.C. 402]

  (a) Procedure.--Any proceeding to enjoin, set aside, annul or 
suspend any order of the Commission under this Act (except 
those appealable under subsection (b) of this section) shall be 
brought as provided by and in the manner prescribed in chapter 
158 of title 28, United States Code.
  (b) Right to Appeal.--Appeals may be taken from decisions and 
orders of the Commission to the United States Court of Appeals 
for the District of Columbia in any of the following cases:
          (1) By any applicant for a construction permit or 
        station license, whose application is denied by the 
        Commission.
          (2) By any applicant for the renewal or modification 
        of any such instrument of authorization whose 
        application is denied by the Commission.
          (3) By any party to an application for authority to 
        transfer, assign, or dispose of any such instrument of 
        authorization, or any rights thereunder, whose 
        application is denied by the Commission.
          (4) By any applicant for the permit required by 
        section 325 of this Act whose application has been 
        denied by the Commission, or by any permittee under 
        said section whose permit has been revoked by the 
        Commission.
          (5) By the holder of any construction permit or 
        station license which has been modified or revoked by 
        the Commission.
          (6) By any other person who is aggrieved or whose 
        interests are adversely affected by any order of the 
        Commission granting or denying any application 
        described in paragraphs (1), (2), (3), (4), and (9) 
        hereof.
          (7) By any person upon whom an order to cease and 
        desist has been served under section 312 of this Act.
          (8) By any radio operator whose license has been 
        suspended by the Commission.
          (9) By any applicant for authority to provide 
        interLATA services under section 271 of this Act whose 
        application is denied by the Commission.
          (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).
  (c) Filing Notice of Appeal; Contents; Jurisdiction; 
Temporary Orders.--Such appeal shall be taken by filing a 
notice of appeal with the court within thirty days from the 
date upon which public notice is given of the decision or order 
complained of. Such notice of appeal shall contain a concise 
statement of the nature of the proceedings as to which the 
appeal is taken; a concise statement of the reasons on which 
the appellant intends to rely, separately stated and numbered; 
and proof of service of a true copy of said notice and 
statement upon the Commission. Upon filing of such notice, the 
court shall have jurisdiction of the proceedings and of the 
questions determined therein and shall have power, by order, 
directed to the Commission or any other party to the appeal, to 
grant such temporary relief as it may deem just and proper. 
Orders granting temporary relief may be either affirmative or 
negative in their scope and application so as to permit either 
the maintenance of the status quo in the matter in which the 
appeal is taken or the restoration of a position or status 
terminated or adversely affected by the order appealed from and 
shall, unless otherwise ordered by the court, be effective 
pending hearing and determination of said appeal and compliance 
by the Commission with the final judgment of the court rendered 
in said appeal.
  (d) Notice to Interested Parties; Filing of Record.--Upon the 
filing of any such notice of appeal the appellant shall, not 
later than five days after the filing of such notice, notify 
each person shown by the records of the Commission to be 
interested in said appeal of the filing and pendency of the 
same. The Commission shall file with the court the record upon 
which the order complained of was entered, as provided in 
section 2112 of Title 28, United States Code.
  (e) Intervention.--Within thirty days after the filing of any 
such appeal any interested person may intervene and participate 
in the proceedings had upon said appeal by filing with the 
court a notice of intention to intervene and a verified 
statement showing the nature of the interest of such party, 
together with proof of service of true copies of said notice 
and statement, both upon appellant and upon the Commission. Any 
person who would be aggrieved or whose interest would be 
adversely affected by a reversal or modification of the order 
of the Commission complained of shall be considered an 
interested party.
  (f) Records and Briefs.--The record and briefs upon which any 
such appeal shall be heard and determined by the court shall 
contain such information and material, and shall be prepared 
within such time and in such manner as the court may by rule 
prescribe.
  (g) Time of Hearing; Procedure.--The court shall hear and 
determine the appeal upon the record before it in the manner 
prescribed by section 706 of title 5, United States Code.
  (h) Remand.--In the event that the court shall render a 
decision and enter an order reversing the order of the 
Commission, it shall remand the case to the Commission to carry 
out the judgment of the court and it shall be the duty of the 
Commission, in the absence of the proceedings to review such 
judgment, to forthwith give effect thereto, and unless 
otherwise ordered by the court, to do so upon the basis of the 
proceedings already had and the record upon which said appeal 
was heard and determined.
  (i) Judgment for costs.--The court may, in its discretion, 
enter judgment for costs in favor of or against an appellant, 
or other interested parties intervening in said appeal, but not 
against the Commission, depending upon the nature of the issues 
involved upon said appeal and the outcome thereof.
  (j) Finality of decision; review by Supreme Court.--The 
court's judgment shall be final, subject, however, to review by 
the Supreme Court of the United States upon writ of certiorari 
on petition therefor under section 1254 of title 28 of the 
United States Code, by the appellant, by the Commission, or by 
any interested party intervening in the appeal, or by 
certification by the court pursuant to the provisions of that 
section.

SEC. 503. FORFEITURES.

                            [47 U.S.C. 503]

  (a) Rebates and Offsets.--Any person who shall deliver 
messages for interstate or foreign transmission to any carrier, 
or for whom as sender or receiver, any such carrier shall 
transmit any interstate or foreign wire or radio communication, 
who shall knowingly by employee, agent, officer, or otherwise, 
directly or indirectly, by or through any means or device 
whatsoever, receive or accept from such common carrier any sum 
of money or any other valuable consideration as a rebate or 
offset against the regular charges for transmission of such 
messages as fixed by the schedules of charges provided for in 
this Act, shall in addition to any other penalty provided by 
this Act forfeit to the United States a sum of money three 
times the value of any other consideration so received or 
accepted, to be ascertained by the trial court; and in the 
trial of said action all such rebates or other considerations 
so received or accepted for a period of six years prior to the 
commencement of the action, may be included therein, and the 
amount recovered shall be three times the total amount of 
money, or three times the total value of such consideration, so 
received or accepted, or both, as the case may be.
  (b) Activities Constituting Violations Authorizing Imposition 
of Forfeiture Penalty; Amount of Penalty; Procedures 
Applicable; Persons Subject to Penalty; Liability Exemption 
Period.--
          (1) Any person who is determined by the Commission, 
        in accordance with paragraph (3) or (4) of this 
        subsection, to have--
                  (A) willfully or repeatedly failed to comply 
                substantially with.--The terms and conditions 
                of any license, permit, certificate, or other 
                instrument or authorization issued by the 
                Commission;
                  (B) willfully or repeatedly failed to comply 
                with any of the provisions of this Act or of 
                any rule, regulation, or order issued by the 
                Commission under this Act or under any treaty, 
                convention, or other agreement to which the 
                United States is a party and which is binding 
                upon the United States;
                  (C) violated any provision of section 317(c) 
                or 508(a) of this Act; or
                  (D) violated any provision of section 1304, 
                1343, 1464, or 2252 of title 18, United States 
                Code;
        shall be liable to the United States for a forfeiture 
        penalty. A forfeiture penalty under this subsection 
        shall be in addition to any other penalty provided for 
        by this Act; except that this subsection shall not 
        apply to any conduct which is subject to forfeiture 
        under title II, part II or III of title III, or section 
        506 of this Act.
          (2)(A) If the violator is (i) a broadcast station 
        licensee or permittee, (ii) a cable television 
        operator, or (iii) an applicant for any broadcast or 
        cable television operator license, permit, certificate, 
        or other instrument or authorization issued by the 
        Commission, the amount of any forfeiture penalty 
        determined under this section shall not exceed $25,000 
        for each violation or each day of a continuing 
        violation, except that the amount assessed for any 
        continuing violation shall not exceed a total of 
        $250,000 for any single act or failure to act described 
        in paragraph (1) of this subsection.
          (B) If the violator is a common carrier subject to 
        the provisions of this Act or an applicant for any 
        common carrier license, permit, certificate, or other 
        instrument of authorization issued by the Commission, 
        the amount of any forfeiture penalty determined under 
        this subsection shall not exceed $100,000 for each 
        violation or each day of a continuing violation, except 
        that the amount assessed for any continuing violation 
        shall not exceed a total of $1,000,000 for any single 
        act or failure to act described in paragraph (1) of 
        this subsection.
          (C) Notwithstanding subparagraph (A), if the violator 
        is--
                  (i)(I) a broadcast station licensee or 
                permittee; or
                          (II) an applicant for any broadcast 
                        license, permit, certificate, or other 
                        instrument or authorization issued by 
                        the Commission; and
                  (ii) determined by the Commission under 
                paragraph (1) to have broadcast obscene, 
                indecent, or profane language, the amount of 
                any forfeiture penalty determined under this 
                subsection shall not exceed $325,000 for each 
                violation or each day of a continuing 
                violation, except that the amount assessed for 
                any continuing violation shall not exceed a 
                total of $3,000,000 for any single act or 
                failure to act.
          (D) In any case not covered in subparagraph (A), (B), 
        or (C), the amount of any forfeiture penalty determined 
        under this subsection shall not exceed $10,000 for each 
        violation or each day of a continuing violation, except 
        that the amount assessed for any continuing violation 
        shall not exceed a total of $75,000 for any single act 
        or failure to act described in paragraph (1) of this 
        subsection.
          (E) The amount of such forfeiture penalty shall be 
        assessed by the Commission, or its designee, by written 
        notice. In determining the amount of such a forfeiture 
        penalty, the Commission or its designee shall take into 
        account the nature, circumstances, extent, and gravity 
        of the violation and, with respect to the violator, the 
        degree of culpability, any history of prior offenses, 
        ability to pay, and such other matters as justice may 
        require.
          (F) Subject to paragraph (5) of this section, if the 
        violator is a manufacturer or service provider subject 
        to the requirements of section 255 or 716, and is 
        determined by the Commission to have violated any such 
        requirement, the manufacturer or provider shall be 
        liable to the United States for a forfeiture penalty of 
        not more than $100,000 for each violation or each day 
        of a continuing violation, except that the amount 
        assessed for any continuing violation shall not exceed 
        a total of $1,000,000 for any single act or failure to 
        act.
          (3)(A) At the discretion of the Commission, a 
        forfeiture penalty may be determined against a person 
        under this subsection after notice and an opportunity 
        for a hearing before the Commission or an 
        administrative law judge thereof in accordance with 
        section 554 of title 5, United States Code. Any person 
        against whom a forfeiture penalty is determined under 
        this paragraph may obtain review thereof pursuant to 
        section 402(a).
          (B) If any person fails to pay an assessment of a 
        forfeiture penalty determined under subparagraph (A) of 
        this paragraph, after it has become a final and 
        unappealable order or after the appropriate court has 
        entered final judgment in favor of the Commission, the 
        Commission shall refer the matter to the Attorney 
        General of the United States, who shall recover the 
        amount assessed in any appropriate district court of 
        the United States. In such action, the validity and 
        appropriateness of the final order imposing the 
        forfeiture penalty shall not be subject to review.
          (4) Except as provided in paragraph (3) of this 
        subsection, no forfeiture penalty shall be imposed 
        under this subsection against any person unless and 
        until--
                  (A) the Commission issues a notice of 
                apparent liability, in writing, with respect to 
                such person;
                  (B) such notice has been received by such 
                person, or until the Commission has sent such 
                notice to the last known address of such 
                person, by registered or certified mail; and
                  (C) such person is granted an opportunity to 
                show, in writing, within such reasonable period 
                of time as the Commission prescribes by rule or 
                regulation, why no such forfeiture penalty 
                should be imposed.
         Such a notice shall (i) identify each specific 
        provision, term, and condition of any Act, rule, 
        regulation, order, treaty, convention, or other 
        agreement, license, permit, certificate, instrument, or 
        authorization which such person apparently violated or 
        with which such person apparently failed to comply; 
        (ii) set forth the nature of the act or omission 
        charged against such person and the facts upon which 
        such charge is based; and (iii) state the date on which 
        such conduct occurred. Any forfeiture penalty 
        determined under this paragraph shall be recoverable 
        pursuant to section 504(a) of this Act.
          (5) No forfeiture liability shall be determined under 
        this subsection against any person, if such person does 
        not hold a license, permit, certificate, or other 
        authorization issued by the Commission, and if such 
        person is not an applicant for a license, permit, 
        certificate, or other authorization issued by the 
        Commission, unless, prior to the notice required by 
        paragraph (3) of this subsection or the notice of 
        apparent liability required by paragraph (4) of this 
        subsection, such person (A) is sent a citation of the 
        violation charged; (B) is given a reasonable 
        opportunity for a personal interview with an official 
        of the Commission, at the field office of the 
        Commission which is nearest to such person's place of 
        residence; and (C) subsequently engages in conduct of 
        the type described in such citation. The provisions of 
        this paragraph shall not apply, however, if the person 
        involved is engaging in activities for which a license, 
        permit, certificate, or other authorization is 
        required, or is a cable television system operator, if 
        the person involved is transmitting on frequencies 
        assigned for use in a service in which individual 
        station operation is authorized by rule pursuant to 
        section 307(e), or in the case of violations of section 
        303(q), if the person involved is a nonlicensee tower 
        owner who has previously received notice of the 
        obligations imposed by section 303(q) from the 
        Commission or the permittee or licensee who uses that 
        tower. Whenever the requirements of this paragraph are 
        satisfied with respect to a particular person, such 
        person shall not be entitled to receive any additional 
        citation of the violation charged, with respect to any 
        conduct of the type described in the citation sent 
        under this paragraph.
          (6) No forfeiture penalty shall be determined or 
        imposed against any person under this subsection if--
                  (A) such person holds a broadcast station 
                license issued under title III of this Act and 
                if the violation charged occurred--
                          (i) more than 1 year prior to the 
                        date of issuance of the required notice 
                        or notice of apparent liability; or
                          (ii) prior to the date of 
                        commencement of the current term of 
                        such license,
                whichever is earlier; or
                  (B) such person does not hold a broadcast 
                station license issued under title III of this 
                Act and if the violation charged occurred more 
                than 1 year prior to the date of issuance of 
                the required notice or notice of apparent 
                liability.
          For purposes of this paragraph, ``date of 
        commencement of the current term of such license'' 
        means the date of commencement of the last term of 
        license for which the licensee has been granted a 
        license by the Commission. A separate license term 
        shall not be deemed to have commenced as a result of 
        continuing a license in effect under section 307(c) 
        pending decision on an application for renewal of the 
        license.

SEC. 710. TELEPHONE SERVICE FOR DISABLED.

                            [47 U.S.C. 610]

  (a) Establishment of Regulations.--The Commission shall 
establish such regulations as are necessary to ensure 
reasonable access to telephone service by persons with impaired 
hearing.
  [(b)(1) Except as provided in paragraphs (2) and (3), the 
Commission shall require that--
          [(A) all essential telephones, and
          [(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,
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.]
  (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)(A) The [initial] regulations prescribed by the Commission 
under paragraph (1) [of this subsection after the date of 
enactment of the Hearing Aid Compatibility Act of 1988] shall 
exempt from the requirements established pursuant to [paragraph 
(1)(B) of this subsection] subparagraphs (B) and (C) of 
paragraph (1) only--
          (i) telephones used with public mobile services;
          (ii) telephones used with private radio services; and
          [(iii) cordless telephones; and]
          [(iv)] (iii) secure telephones.
  [(B) The exemption provided by such regulations for cordless 
telephones shall not apply with respect to cordless telephones 
manufactured or imported more than three years after the date 
of enactment of the Hearing Aid Compatibility Act of 1988.]
  [(C)] (B) [The Commission shall periodically assess the 
appropriateness of continuing in effect the exemptions provided 
by such regulations for telephones used with public mobile 
services and telephones used with private radio services.] The 
Commission shall periodically assess the appropriateness of 
continuing in effect the exemptions for telephones and other 
customer premises equipment described in subparagraph (A) of 
this paragraph. The Commission shall revoke or otherwise limit 
any such exemption if the Commission determines that--
          (i) such revocation or limitation is in the public 
        interest;
          (ii) continuation of the exemption without such 
        revocation or limitation would have an adverse effect 
        on hearing-impaired individuals;
          (iii) compliance with the requirements of [paragraph 
        (1)(B)] subparagraph (B) or (C) of paragraph (1) is 
        technologically feasible for the telephones to which 
        the exemption applies; and
          (iv) compliance with the requirements of [paragraph 
        (1)(B)] subparagraph (B) or (C) of paragraph (1) would 
        not increase costs to such an extent that the 
        telephones to which the exemption applies could not be 
        successfully marketed.
  (3) The Commission may, upon the application of any 
interested person, initiate a proceeding to waive the 
requirements of paragraph (1)(B) of this subsection with 
respect to new telephones, or telephones associated with a new 
technology or service. The Commission shall not grant such a 
waiver unless the Commission determines, on the basis of 
evidence in the record of such proceeding, that such 
telephones, or such technology or service, are in the public 
interest, and that (A) compliance with the requirements of 
paragraph (1)(B) is technologically infeasible, or (B) 
compliance with such requirements would increase the costs of 
the telephones, or of the technology or service, to such an 
extent that such telephones, technology, or service could not 
be successfully marketed. In any proceeding under this 
paragraph to grant a waiver from the requirements of paragraph 
(1)(B), the Commission shall consider the effect on hearing-
impaired individuals of granting the waiver. The Commission 
shall periodically review and determine the continuing need for 
any waiver granted pursuant to this paragraph.
  (4) For purposes of this subsection--
          (A) The term ``essential telephones'' means only 
        coin-operated telephones, telephones provided for 
        emergency use, and other telephones frequently needed 
        for use by persons using such hearing aids;
          (B) The term ``[public mobile] telephones used with 
        public mobile services'' means telephones and other 
        customer premises equipment used in whole or in part 
        withair-to-ground radiotelephone services, cellular 
        radio telecommunications services, offshore radio, 
        rural radio service, public land mobile telephone 
        service, [and] or other common carrier radio 
        communication services covered by [part 22 of] title 47 
        of the Code of Federal [Regulations] Regulations, or 
        any functionally equivalent unlicensed wireless 
        services;
          (C) The [term ``private radio services''] term 
        ``telephones used with private radio services'' means 
        telphones and other customer premises equipment used in 
        whole or in part with private land mobile radio 
        services and other communications services 
        characterized by the Commission in its rules as private 
        radio services; and
          (D) The term ``secure telephones'' means telephones 
        that are approved by the United States Government for 
        the transmission of classified or sensitive voice 
        communications.
  (c) The Commission shall establish or approve such technical 
standards as are required to enforce this section. A telephone 
or other customer premises equipment that is compliant with 
relevant technical standards developed through a public 
participation process and in consultation with interested 
consumer stakeholders (designated by the Commission for the 
purposes of this section) will be considered hearing aid 
compatible for purposes of this section, until such time as the 
Commission may determine otherwise. The Commission shall 
consult with the public, including people with hearing loss, in 
establishing or approving such technical standards. The 
Commission may delegate this authority to an employee pursuant 
to section 5(c). The Commission shall remain the final arbiter 
as to whether the standards meet the requirements of this 
section.
  (d) The Commission shall establish such requirements for the 
labeling of packaging materials for equipment as are needed to 
provide adequate information to consumers on the compatibility 
between telephones and hearing aids.
  (e) In any rulemaking to implement the provisions of this 
section, the Commission shall specifically consider the costs 
and benefits to all telephone users, including persons with and 
without hearing [impairments] loss. The Commission shall ensure 
that regulations adopted to implement this section encourage 
the use of currently available technology and do not discourage 
or impair the development of improved technology. 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.
  (f) The Commission shall periodically review the regulations 
established pursuant to this section. Except for coin-operated 
telephones and telephones provided for emergency use, the 
Commission may not require the retrofitting of equipment to 
achieve the purposes of this section.
  (g) Any common carrier or connecting carrier may provide 
specialized terminal equipment needed by persons whose hearing, 
speech, vision, or mobility is impaired. The State commission 
may allow the carrier to recover in its tariffs for regulated 
service reasonable and prudent costs not charged directly to 
users of such equipment.
  [(h) The Commission shall delegate to each State commission 
the authority to enforce within such State compliance with the 
specific regulations that the Commission issues under 
subsections (a) and (b), conditioned upon the adoption and 
enforcement of such regulations by the State commission.]
  (h) Rule of Construction.--Nothing in the Twenty-First 
Century Communications and Video Accessibility Act of 2010 
shall be construed to modify the Commission's regulations set 
forth in section 20.19 of title 47 of the Code of Federal 
Regulations, as in effect on the date of enactment of such Act.

SEC. 713. VIDEO PROGRAMMING ACCESSIBILITY.

                            [47 U.S.C. 613]

  (a) Commission Inquiry.--Within 180 days after the date of 
enactment of the Telecommunications Act of 1996, the Federal 
Communications Commission shall complete an inquiry to 
ascertain the level at which video programming is closed 
captioned. Such inquiry shall examine the extent to which 
existing or previously published programming is closed 
captioned, the size of the video programming provider or 
programming owner providing closed captioning, the size of the 
market served, the relative audience shares achieved, or any 
other related factors. The Commission shall submit to the 
Congress a report on the results of such inquiry.
  (b) Accountability Criteria.--Within 18 months after such 
date of enactment, the Commission shall prescribe such 
regulations as are necessary to implement this section. Such 
regulations shall ensure that--
          (1) video programming first published or exhibited 
        after the effective date of such regulations is fully 
        accessible through the provision of closed captions, 
        except as provided in subsection (d); and
          (2) video programming providers or owners maximize 
        the accessibility of video programming first published 
        or exhibited prior to the effective date of such 
        regulations through the provision of closed captions, 
        except as provided in subsection (d).
  [(c) Deadlines for Captioning.--Such regulations shall 
include an appropriate schedule of deadlines for the provision 
of closed captioning of video programming.]
  (c) Deadlines for Captioning.--
          (1) In general.--The regulations prescribed pursuant 
        to subsection (b) shall include an appropriate schedule 
        of deadlines for the provision of closed captioning of 
        video programming once published or exhibited on 
        television.
          (2) Deadlines for programming delivered using 
        internet protocol.--
                  (A) Regulations on closed captioning on video 
                programming delivered using internet 
                protocol.--Not later than 6 months after the 
                submission of the report to the Commission 
                required by subsection (e)(1) of the Twenty-
                First Century Communications and Video 
                Accessibility Act of 2010, the Commission shall 
                revise its regulations to require the provision 
                of closed captioning on video programming 
                delivered using Internet protocol that was 
                published or exhibited on television with 
                captions after the effective date of such 
                regulations.
                  (B) Schedule.--The regulations prescribed 
                under this paragraph shall include an 
                appropriate schedule of deadlines for the 
                provision of closed captioning, taking into 
                account whether such programming is prerecorded 
                and edited for Internet distribution, or 
                whether such programming is live or near-live 
                and not edited for Internet distribution.
                  (C) Cost.--The Commission may delay or waive 
                the regulation promulgated under subparagraph 
                (A) to the extent the Commission finds that the 
                application of the regulation to live video 
                programming delivered using Internet protocol 
                with captions after the effective date of such 
                regulations would be economically burdensome to 
                providers of video programming or program 
                owners.
                  (D) Requirements for regulations.--The 
                regulations prescribed under this paragraph--
                          (i) shall contain a definition of 
                        ``near-live programming'' and ``edited 
                        for Internet distribution'';
                          (ii) may exempt any service, class of 
                        service, program, class of program, 
                        equipment, or class of equipment for 
                        which the Commission has determined 
                        that the application of such 
                        regulations would be economically 
                        burdensome for the provider of such 
                        service, program, or equipment; and
                          (iii) 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.
  (d) Exemptions.--Notwithstanding subsection (b)--
          (1) the Commission may exempt by regulation programs, 
        classes of programs, or services for which the 
        Commission has determined that the provision of closed 
        captioning would be economically burdensome to the 
        provider or owner of such programming;
          (2) a provider of video programming or the owner of 
        any program carried by the provider shall not be 
        obligated to supply closed captions if such action 
        would be inconsistent with contracts in effect on the 
        date of enactment of the Telecommunications Act of 
        1996, except that nothing in this section shall be 
        construed to relieve a video programming provider of 
        its obligations to provide services required by Federal 
        law; and
          [(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 result in 
        an undue burden.]
          (3) a provider of video programming or program owner 
        may petition the Commission for an exemption from the 
        requirements of this section, and the Commission may 
        grant such petition upon a showing that the 
        requirements contained in this section would be 
        economically burdensome. During the pendency of such a 
        petition, such provider or owner shall be exempt from 
        the requirements of this section. The Commission shall 
        act to grant or deny any such petition, in whole or in 
        part, within 6 months after the Commission receives 
        such petition, unless the Commission finds that an 
        extension of the 6-month period is necessary to 
        determine whether such requirements are economically 
        burdensome.
  (e) Undue Burden.--The term ``undue burden'' means 
significant difficulty or expense. In determining whether the 
closed captions necessary to comply with the requirements of 
this paragraph would result in an undue economic burden, the 
factors to be considered include--
          (1) the nature and cost of the closed captions for 
        the programming;
          (2) the impact on the operation of the provider or 
        program owner;
          (3) the financial resources of the provider or 
        program owner; and
          (4) the type of operations of the provider or program 
        owner.
  (f) Video Description.--
          (1) Reinstatement of regulations.--On the day that is 
        1 year after the date of enactment of the Twenty-First 
        Century Communications and Video Accessibility Act of 
        2010, the Commission shall, after a rulemaking, 
        reinstate its video description regulations contained 
        in the Implementation of Video Description of Video 
        Programming Report and Order (15 F.C.C.R. 15,230 
        (2000)), modified as provided in paragraph (2).
          (2) Modifications to reinstated regulations.--Such 
        regulations shall be modified only as follows:
                  (A) The regulations shall apply to video 
                programming, as defined in subsection (h), that 
                is transmitted for display on television in 
                digital format.
                  (B) The Commission shall update the list of 
                the top 25 designated market areas, the list of 
                the top 5 national nonbroadcast networks, and 
                the beginning calendar quarter for which 
                compliance shall be calculated.
                  (C) The regulations may permit a provider of 
                video programming or a program owner to 
                petition the Commission for an exemption from 
                the requirements of this section upon a showing 
                that the requirements contained in this section 
                be economically burdensome.
                  (D) The Commission may exempt from the 
                regulations established pursuant to paragraph 
                (1) a service, class of services, program, 
                class of programs, equipment, or class of 
                equipment for which the Commission has 
                determined that the application of such 
                regulations would be economically burdensome 
                for the provider of such service, program, or 
                equipment.
                  (E) The regulations shall not apply to live 
                or near-live programming.
                  (F) The regulations shall provide for an 
                appropriate phased schedule of deadlines for 
                compliance.
                  (G) The Commission shall consider extending 
                the exemptions and limitations in the 
                reinstated regulations for technical capability 
                reasons to all providers and owners of video 
                programming.
          (3) Inquiries on further video description 
        requirements.--The Commission shall commence the 
        following inquiries not later than 1 year after the 
        completion of the phase-in of the reinstated 
        regulations and shall report to Congress 1 year 
        thereafter on the findings for each of the following:
                  (A) Video description in television 
                programming.--The availability, use, and 
                benefits of video description on video 
                programming distributed on television, the 
                technical and creative issues associated with 
                providing such video description, and the 
                financial costs of providing such video 
                description for providers of video programming 
                and program owners.
                  (B) Video description in video programming 
                distributed on the internet.--The technical and 
                operational issues, costs, and benefits of 
                providing video descriptions for video 
                programming that is delivered using Internet 
                protocol.
  (g) Emergency Information.--Not later than 1 year after the 
Advisory Committee report under subsection (e)(2) is submitted 
to the Commission, the Commission shall complete a proceeding 
to--
          (1) identify methods to convey emergency information 
        (as that term is defined in section 79.2 of title 47, 
        Code of Federal Regulations) in a manner accessible to 
        individuals who are blind or visually impaired; and
          (2) promulgate regulations that require video 
        programming providers and video programming 
        distributors (as those terms are defined in section 
        79.1 of title 47, Code of Federal Regulations) and 
        program owners to convey such emergency information in 
        a manner accessible to individuals who are blind or 
        visually impaired.
  (h) Responsibilities.--
          (1) Video programming owner.--A video programming 
        owner shall ensure that any closed captioning and video 
        description required pursuant to this section is 
        provided in accordance with the technical standards, 
        protocols and procedures established by the Commission.
          (2) Video programming provider or distributor.--A 
        video programming provider or video programming 
        distributor shall be deemed in compliance with this 
        section and the rules and regulation promulgated 
        thereunder if such entity enables the rendering or the 
        pass through of closed captions and video description 
        signals.
  (i) Definitions.--For purposes of this section, section 303, 
and section 330:
          (1) Video description.--The term ``video 
        description'' means the insertion of audio narrated 
        descriptions of a television program's key visual 
        elements into natural pauses between the program's 
        dialogue.
          (2) Video programming.--The term ``video 
        programming'' 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).
  [(f) Video Descriptions Inquiry.--Within 6 months after the 
date of enactment of the Telecommunications Act of 1996, the 
Commission shall commence an inquiry to examine the use of 
video descriptions on video programming in order to ensure the 
accessibility of video programming to persons with visual 
impairments, and report to Congress on its findings. The 
Commission's report shall assess appropriate methods and 
schedules for phasing video descriptions into the marketplace, 
technical and quality standards for video descriptions, a 
definition of programming for which video descriptions would 
apply, and other technical and legal issues that the Commission 
deems appropriate.
  [(g) Video Description.--For purposes of this section, 
``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.]
  [(h)] (j) Private rights of actions prohibited.--Nothing in 
this section shall be construed to authorize any private right 
of action to enforce any requirement of this section or any 
regulation thereunder. The Commission shall have exclusive 
jurisdiction with respect to any complaint under this section.

SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES.

  Within one year after the date of enactment of the Twenty-
First Century Communications and Video Accessibility Act of 
2010, each interconnected VoIP service provider and each 
provider of non-interconnected VoIP service shall participate 
in and contribute to the Telecommunications Relay Services Fund 
established in section 64.604(c)(5)(iii) of title 47, Code of 
Federal Regulations, as in effect on the date of enactment of 
such Act, in a manner prescribed by the Commission by 
regulation to provide for obligations of such providers that 
are consistent with and comparable to the obligations of other 
contributors to such Fund.

SEC. 716. ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT.

  (a) Manufacturing.--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 designs, develops, and fabricates shall be 
accessible to and usable by individuals with disabilities, 
unless the requirement of this subsection is not achievable.
  (b) Service Providers.--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 are accessible to and 
usable by individuals with disabilities, unless the requirement 
of this subsection is not achievable.
  (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.--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--
          (1) include performance requirements to ensure the 
        accessibility, usability, and compatibility of advanced 
        communications services and the equipment used for 
        advanced communications services by individuals with 
        disabilities;
          (2) 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;
          (3) determine the obligations under this section of 
        manufacturers, service providers, and providers of 
        applications or services accessed over service provider 
        networks;
          (4) 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); and
          (5) not mandate the use or incorporation of specific 
        proprietary technology.
  (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, 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.--The Commission shall have the 
authority, on its own motion or in response to a petition by a 
manufacturer or provider, to waive the requirements of this 
section for any feature or function of equipment used to 
provide or access advanced communications services, or for any 
class of such equipment, that--
          (1) is capable of accessing an advanced 
        communications service; and
          (2) is designed for multiple purposes, but is 
        designed primarily for purposes other than using 
        advanced communications services.

SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGATIONS.

  (a) Complaint and Enforcement Procedures.--Within one year 
after the date of enactment of the Twenty-First Century 
Communications and Video Accessibility Act of 2010, the 
Commission shall establish regulations that facilitate the 
filing of formal and informal complaints that allege a 
violation of section 255 or 716, establish procedures for 
enforcement actions by the Commission with respect to such 
violations, and implement the recordkeeping obligations of 
paragraph (5) for manufacturers and providers subject to such 
sections. Such regulations shall include the following 
provisions:
          (1) No fee.--The Commission shall not charge any fee 
        to an individual who files a complaint alleging a 
        violation of section 255 or 716.
          (2) Receipt of complaints.--The Commission shall 
        establish separate and identifiable electronic, 
        telephonic, and physical receptacles for the receipt of 
        complaints filed under section 255 or 716.
          (3) Complaints to the commission.--
                  (A) In general.--Any person alleging a 
                violation of section 255 or 716 by a 
                manufacturer of equipment or provider of 
                service subject to such sections may file a 
                formal or informal complaint with the 
                Commission.
                  (B) Investigation of informal complaint.--The 
                Commission shall investigate the allegations in 
                an informal complaint and, within 180 days 
                after the date on which such complaint was 
                filed with the Commission, issue an order 
                concluding the investigation, unless such 
                complaint is resolved before such time. The 
                order shall include a determination whether any 
                violation occurred.
                          (i) Violation.--If the Commission 
                        determines that a violation has 
                        occurred, the Commission may, in the 
                        order issued under this subparagraph or 
                        in a subsequent order, require the 
                        manufacturer or service provider to 
                        take such remedial action as is 
                        necessary to comply with the 
                        requirements of this section.
                          (ii) No violation.--If a 
                        determination is made that a violation 
                        has not occurred, the Commission shall 
                        provide the basis for such 
                        determination.
                  (C) Consolidation of complaints.--The 
                Commission may consolidate for investigation 
                and resolution complaints alleging 
                substantially the same violation.
          (4) Opportunity to respond.--Before the Commission 
        makes a determination pursuant to paragraph (3), the 
        party that is the subject of the complaint shall have a 
        reasonable opportunity to respond to such complaint, 
        and may include in such response any factors that are 
        relevant to such determination.
          (5) Recordkeeping.--(A) Beginning one year after the 
        effective date of regulations promulgated pursuant to 
        section 716(e), each manufacturer and provider subject 
        to sections 255 and 716 shall maintain, in the ordinary 
        course of business and for a reasonable period, records 
        of the efforts taken by such manufacturer or provider 
        to implement sections 255 and 716, including the 
        following:
                          (i) Information about the 
                        manufacturer's or provider's efforts to 
                        consult with individuals with 
                        disabilities.
                          (ii) Descriptions of the 
                        accessibility features of its products 
                        and services.
                          (iii) Information about the 
                        compatibility of such products and 
                        services with peripheral devices or 
                        specialized customer premise equipment 
                        commonly used by individuals with 
                        disabilities to achieve access.
          (B) An officer of a manufacturer or provider shall 
        submit to the Commission an annual certification that 
        records are being kept in accordance with subparagraph 
        (A).
          (C) After the filing of a formal or informal 
        complaint against a manufacturer or provider in the 
        manner prescribed in paragraph (3), the Commission may 
        request, and shall keep confidential, a copy of the 
        records maintained by such manufacturer or provider 
        pursuant to subparagraph (A) of this paragraph that are 
        directly relevant to the equipment or service that is 
        the subject of such complaint.
          (6) Failure to act.--If the Commission fails to carry 
        out any of its responsibilities to act upon a complaint 
        in the manner prescribed in paragraph (3), the person 
        that filed such complaint may bring an action in the 
        nature of mandamus in the United States Court of 
        Appeals for the District of Columbia to compel the 
        Commission to carry out any such responsibility.
          (7) Commission jurisdiction.--The limitations of 
        section 255(f) shall apply to any claim that alleges a 
        violation of section 255 or 716. Nothing in this 
        paragraph affects or limits any action for mandamus 
        under paragraph (6) or any appeal pursuant to section 
        402(b)(10).
          (8) Private resolutions of complaints.--Nothing in 
        the Commission's rules or this Act shall be construed 
        to preclude a person who files a complaint and a 
        manufacturer or provider from resolving a formal or 
        informal complaint prior to the Commission's final 
        determination in a complaint proceeding. In the event 
        of such a resolution, the parties shall jointly request 
        dismissal of the complaint and the Commission shall 
        grant such request.
  (b) Reports to Congress.--
          (1) In general.--Every two years after the date of 
        enactment of the Twenty-First Century Communications 
        and Video Accessibility Act of 2010, the Commission 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Energy and Commerce of the House of Representatives a 
        report that includes the following:
                  (A) An assessment of the level of compliance 
                with section 255 and 716.
                  (B) An evaluation of the extent to which any 
                accessibility barriers still exist with respect 
                to new communications technologies.
                  (C) The number and nature of complaints 
                received pursuant to subsection (a) during the 
                two years that are the subject of the report.
                  (D) A description of the actions taken to 
                resolve such complaints under this section, 
                including forfeiture penalties assessed.
                  (E) The length of time that was taken by the 
                Commission to resolve each such complaint.
                  (F) The number, status, nature, and outcome 
                of any actions for mandamus filed pursuant to 
                subsection (a)(6) and the number, status, 
                nature, and outcome of any appeals filed 
                pursuant to section 402(b)(10).
                  (G) An assessment of the effect of the 
                requirements of this section on the development 
                and deployment of new communications 
                technologies.
          (2) Public comment required.--The Commission shall 
        seek public comment on its tentative findings prior to 
        submission to the Committees of the report under this 
        subsection.
  (c) Comptroller General Enforcement Study.--
          (1) In general.--The Comptroller General shall 
        conduct a study to consider and evaluate the following:
                  (A) The Commission's compliance with the 
                requirements of this section, including the 
                Commission's level of compliance with the 
                deadlines established under and pursuant to 
                this section and deadlines for acting on 
                complaints pursuant to subsection (a).
                  (B) Whether the enforcement actions taken by 
                the Commission pursuant to this section have 
                been appropriate and effective in ensuring 
                compliance with this section.
                  (C) Whether the enforcement provisions under 
                this section are adequate to ensure compliance 
                with this section.
                  (D) Whether, and to what extent (if any), the 
                requirements of this section have an effect on 
                the development and deployment of new 
                communications technologies.
          (2) Report.--Not later than 5 years after the date of 
        enactment of the Twenty-First Century Communications 
        and Video Accessibility Act of 2010, the Comptroller 
        General shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report on the results of the study 
        required by paragraph (1), with recommendations for how 
        the enforcement process and measures under this section 
        may be modified or improved.
  (d) Clearinghouse.--Within one year after the date of 
enactment of the Twenty-First Century Communications and Video 
Accessibility Act of 2010, the Commission shall, in 
consultation with the Architectural and Transportation Barriers 
Compliance Board, the National Telecommunications and 
Information Administration, trade associations, and 
organizations representing individuals with disabilities, 
establish a clearinghouse of information on the availability of 
accessible products and services and accessibility solutions 
required under sections 255 and 716. Such information shall be 
made publicly available on the Commission's website and by 
other means, and shall include an annually updated list of 
products and services with access features.
  (e) Outreach and Education.--Upon establishment of the 
clearinghouse of information required under subsection (d), the 
Commission, in coordination with the National 
Telecommunications and Information Administration, shall 
conduct an informational and educational program designed to 
inform the public about the availability of the clearinghouse 
and the protections and remedies available under sections 255 
and 716.''.

SEC. 718. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.

  (a) In General.--Within 6 months after the date of enactment 
of the Equal Access to 21st Century Communications Act, the 
Commission shall establish rules that define as eligible for 
relay service support those programs that are approved by the 
Commission for the distribution of specialized customer 
premises equipment designed to make telecommunications service, 
Internet access service, and advanced communications, including 
interexchange services and advanced telecommunications and 
information services, accessible by individuals who are deaf-
blind.
  (b) Individuals Who Are Deaf-blind Defined.--For purposes of 
this subsection, the term ``individuals who are deaf-blind'' 
has the same meaning given such term in the Helen Keller 
National Center Act, as amended by the Rehabilitation Act 
Amendments of 1992 (29 U.S.C. 1905(2)).
  (c) Annual Amount.--The total amount of support the 
Commission may provide from its interstate relay fund for any 
fiscal year may not exceed $10,000,000.

                                  
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