II 

109TH CONGRESS 

1ST SESSION S. 900 

To reinstate the Federal Communications Commission’s rules for the 

description of video programming. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2005 

Mr. MCCAIN (for himself, Mr. HARKIN, Mr. STEVENS, and Mr. SMITH) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

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 ‘‘Television Information5 Enhancement for the Visually Impaired Act’’ or the ‘‘TIVI 

6 Act’’. 

7 SEC. 2. FINDINGS. 

8 The Congress finds the following: 
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1 (1) The Federal Communications Commission 

2 promulgated video description rules that became ef3 fective in April of 2002. 

4 (2) Those video description rules were con5 sistent with a long line of policies pursued by the 

6 Commission and the Congress to enhance access to 

7 telecommunications technology, news, entertainment, 

8 and information for all Americans. 

9 (3) The video description rules required major 

10 networks and cable channels in the top 25 markets 

11 to present at least 4 hours of described program12 ming per week and required such service in other 

13 markets where equipment was available to provide 

14 video description. 

15 (4) The Commission’s video description rules 

16 were struck down by a court decision citing lack of 

17 authority for the Commission to promulgate such 

18 rules. 

19 (5) The public interest would be served by clari20 fying the Commission’s authority to promulgate such 

21 rules and the intent of Congress that such rules be 

22 restored. 

23 SEC. 3. REINSTATEMENT OF VIDEO DESCRIPTION RULES. 

24 (a) RULES REINSTATED.—The video description 

25 rules of the Federal Communications Commission con-
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1 tained in the report and order identified as Implementa2 tion of Video Description of Video Programming, Report 

3 and Order, 15 F.C.C.R. 15,230 (2000), shall, notwith4 standing the decision of the United States Court of Ap5 peals for the District of Columbia Circuit in Motion Pic6 ture Association of America, Inc., et al., v. Federal Com7 munications Commission, et al. (309 F. 3d 796, November 

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

9 law. 

10 (b) CONTINUING AUTHORITY OF COMMISSION.—The 

11 Federal Communications Commission— 

12 (1) shall, within 45 days after the date of en13 actment of this Act, republish its video description 

14 rules contained in the report and order identified as 

15 Implementation of Video Description of Video Pro16 gramming, Report and Order, 15 F.C.C.R. 15,230 

17 (2000); 

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

19 such rules; and 

20 (3) shall initiate a proceeding within 180 days 

21 after the date of enactment of this Act to consider 

22 whether it is economically and technically feasible 

23 and consistent with the public interest to include ac24 cessible information in its video description rules. 
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1 (c) ACCESSIBLE INFORMATION DEFINED.—In this 

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

3 written information displayed on television screens during 

4 regular programming, hazardous warnings and other 

5 emergency information, local and national news bulletins, 

6 and any other information the Commission deems appro7 priate.

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