I 

108TH CONGRESS 

2D SESSION H. R. 4311 

To reinstate the Federal Communications Commission’s rules for the 

description of video programming. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2004 

Mr. MARKEY introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To reinstate the Federal Communications Commission’s rules 

for the description of video programming. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Video Description Res5 toration Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) The Federal Communications Commission 

9 promulgated video description rules that became ef10 fective in April of 2002. 
2 

•HR 4311 IH 

1 (2) Those video description rules were con2 sistent with a long line of policies pursued by the 

3 Commission and the Congress to enhance access to 

4 telecommunications technology, news, entertainment, 

5 and information for all Americans. 

6 (3) The video description rules required major 

7 networks and cable channels in the top 25 markets 

8 to present at least 4 hours of described program9 ming per week and required such service in other 

10 markets where equipment was available to provide 

11 video description. 

12 (4) The Commission’s video description rules 

13 were struck down by a court decision citing lack of 

14 authority for the Commission to promulgate such 

15 rules. 

16 (5) The public interest would be served by clari17 fying the Commission’s authority to promulgate such 

18 rules and the intent of Congress that such rules be 

19 restored. 

20 SEC. 3. REINSTATEMENT OF VIDEO DESCRIPTION RULES. 

21 (a) RULES REINSTATED.—The video description 

22 rules of the Federal Communications Commission con23 tained in the report and order identified as Implementa24 tion of Video Description of Video Programming, Report 

25 and Order, 15 F.C.C.R. 15,230 (2000), shall, notwith-
3

•HR 4311 IH 

1 standing the decision of the United States Court of Ap2 peals for the District of Columbia Circuit in Motion Pic3 ture Association of America, Inc., et al., v. Federal Com4 munications Commission, et al. (309 F. 3d 796, November 

5 8, 2002), be considered to be authorized and ratified by 

6 law. 

7 (b) CONTINUING AUTHORITY OF COMMISSION.—The 

8 Federal Communications Commission—

9 (1) shall, within 45 days after the date of en10 actment of this Act, republish its video description 

11 rules contained in the report and order identified as 

12 Implementation of Video Description of Video Pro13 gramming, Report and Order, 15 F.C.C.R. 15,230 

14 (2000); 

15 (2) may amend, repeal, or otherwise modify 

16 such rules; and 

17 (3) shall initiate a proceeding within 180 days 

18 after the date of enactment of this Act to consider 

19 whether it is economically and technically feasible 

20 and consistent with the public interest to include ac21 cessible information in its video description rules. 

22 (c) ACCESSIBLE INFORMATION DEFINED.—In this 

23 section, the term ‘‘accessible information’’ may include 

24 written information displayed on television screens during 

25 regular programming, hazardous warnings and other 
4 

•HR 4311 IH 

1 emergency information, local and national news bulletins, 

2 and any other information the Commission deems appro3 priate. 

Æ