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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3304 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3304

     To increase the access of persons with disabilities to modern 
                communications, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2010

    Mr. Pryor (for himself, Mr. Kerry, Mr. Conrad, and Mr. Dorgan) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
     To increase the access of persons with disabilities to modern 
                communications, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Equal Access to 
21st Century Communications Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--INCREASING ACCESS

Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to Internet-based services and equipment.
Sec. 105. Universal service.
Sec. 106. Emergency access and real-time text support.
Sec. 107. Internet access service interface.
           TITLE II--VIDEO DESCRIPTIONS AND CLOSED CAPTIONING

Sec. 201. Commission inquiry on closed captioning decoder and video 
                            description capability, user interfaces, 
                            and video programming guides and menus.
Sec. 202. Commission inquiry on the definition of consumer generated 
                            media.
Sec. 203. Closed captioning decoder and video description capability.
Sec. 204. Video description and closed captioning.
Sec. 205. User interface regulations.
Sec. 206. Access to video programming guides and menus.

                       TITLE I--INCREASING ACCESS

SEC. 101. DEFINITIONS.

    Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
amended by adding at the end the following:
            ``(54) Advanced communications.--The term `advanced 
        communications' means Internet-based protocol, or any successor 
        protocol, based devices and services that transmit voice, video 
        conferencing, and text communications, and any application or 
        service accessed over the Internet that provides for voice, 
        video conferencing, or text communications, as determined 
        necessary by the Federal Communications Commission.
            ``(55) Disability.--The term `disability' has the meaning 
        given such term under section 3(2)(A) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)).
            ``(56) Interconnected voip service.--The term 
        `interconnected VoIP service' has the meaning given such term 
        under section 9.3 of the Commission's regulations (47 C.F.R. 
        9.3).
            ``(57) Internet access equipment.--The term `internet 
        access equipment' means equipment that is used to combine 
        computer processing, information provision, and computer 
        interactivity with data transport, enabling users to run a 
        variety of applications, including email.
            ``(58) Internet access service.--The term `internet access 
        service' means a service that combines computer processing, 
        information provision, and computer interactivity with data 
        transport, enabling end users to access the Internet and use a 
        variety of applications, including email.''.

SEC. 102. HEARING AID COMPATIBILITY.

    (a) Compatibility Requirements.--Section 710(b) of the 
Communications Act of 1934 (47 U.S.C. 610(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Except as'' and all that follows 
                through ``require that'' and inserting ``Except as 
                provided in paragraphs (2) and (3) of subsection (b) 
                and subsection (c), the Commission shall require that 
                the following customer premises equipment 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) by striking ``and'' at the end of subparagraph 
                (A);
                    (C) by inserting ``and'' after the comma at the end 
                of subparagraph (B); and
                    (D) by inserting the following new subparagraph:
                    ``(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) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i)--
                                    (I) by striking ``initial'';
                                    (II) by striking ``after the date 
                                of enactment of the Hearing Aid 
                                Compatibility Act of 1988,''; and
                                    (III) by inserting ``and (1)(C)'' 
                                after ``paragraph (1)(B)'';
                            (ii) by inserting ``and'' after the end of 
                        clause (ii);
                            (iii) by striking clause (iii); and
                            (iv) by redesignating clause (iv) as clause 
                        (iii);
                    (B) by striking subparagraph (B) and redesignating 
                subparagraph (C) as subparagraph (B); and
                    (C) in subparagraph (B) (as so redesignated)--
                            (i) by striking the first sentence and 
                        inserting ``The Commission shall periodically 
                        assess the appropriateness of continuing in 
                        effect the exemptions for telephones and other 
                        customer premises equipment described in 
                        subparagraph (A) of this paragraph.''; and
                            (ii) in each of clauses (iii) and (iv), by 
                        inserting ``or (1)(C)'' after ``(1)(B)'';
            (3) in paragraph (4)(B)--
                    (A) by inserting ``telephones used with'' before 
                ``public mobile services'';
                    (B) by inserting ``telephones and other customer 
                premises equipment used in whole or in part with'' 
                after ``means'';
                    (C) by striking ``and'' after ``public land mobile 
                telephone service,'' and inserting ``or'';
                    (D) by striking ``part 22 of''; and
                    (E) by inserting after ``Regulations'' the 
                following: ``, or any functionally equivalent 
                unlicensed wireless services''; and
            (4) in paragraph (4)(C)--
                    (A) by inserting ``telephones used with'' before 
                ``private radio services''; and
                    (B) by inserting ``telephones and other customer 
                premises equipment used in whole or in part with'' 
                after ``means''.
    (b) Technical Standards.--Section 710(c) of the Communications Act 
of 1934 (47 U.S.C. 610(c)) is amended by adding at the end the 
following: ``A telephone or other customer premises equipment that is 
compliant with a relevant technical standard developed through a public 
participation process and in consultation with interested consumer 
stakeholders will be deemed hearing aid compatible for purposes of this 
section, until such time as the Commission may deem 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 designate the national consumer 
organizations for purposes of this section and shall remain the final 
arbiter as to whether the standard meets the requirements of this 
section.''.
    (c) Rulemaking.--Section 710(e) of the Communications Act of 1934 
(47 U.S.C. 610(e)) is amended--
            (1) by striking ``impairments'' and inserting ``loss''; and
            (2) by adding at the end the following sentence: ``In 
        implementing the provisions of subsection (b)(1)(C), the 
        Commission shall use appropriate timetables or benchmarks to 
        the extent necessary due to technical feasibility or to ensure 
        the marketability or availability of new technologies to 
        users.''.
    (d) Rule of Construction.--Section 710(h) of the Communications Act 
of 1934 (47 U.S.C. 610(h)) is amended to read as follows:
    ``(h) Rule of Construction.--Nothing in the Equal Access to 21st 
Century Communications Act shall be construed to modify the 
Commission's regulations set forth in section 20.19 of title 47, Code 
of Federal Regulations, in effect as of the date of enactment of such 
Act.''.

SEC. 103. RELAY SERVICES.

    (a) Definition.--Paragraph (3) of section 225(a) of the 
Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended to read as 
follows:
            ``(3) Telecommunications relay services.--The term 
        `telecommunications relay services' means telephone 
        transmission that provides 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 1 
        or more individuals, in a manner that is functionally 
        equivalent to the ability of a hearing individual who does not 
        have a speech disability to communicate using voice 
        communication services by wire or radio.''.
    (b) Internet Protocol-Based Relay Services.--Title VII of the 
Communications Act of 1934 is amended by adding at the end the 
following:

``SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES.

    ``Within 1 year after the date of enactment of the Equal Access to 
21st Century Communications Act, each interconnected VoIP service 
provider shall participate in and contribute to the Telecommunications 
Relay Services Fund established in section 64.404(c)(5)(iii) of the 
Commission's regulations (47 C.F.R. 64.404(c)(5)(iii)) 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 the Fund.''.

SEC. 104. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.

    (a) Title VII Amendment.--Title VII of the Communications Act of 
1934 (47 U.S.C. 601 et seq.) is amended by inserting after section 715 
(as added by section 103) the following:

``SEC. 716. ACCESS TO INTERNET-BASED 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 such regulations, a manufacturer of 
equipment used for advanced communications, including end user 
equipment, network equipment, and software, shall ensure that equipment 
and software that such manufacturer designs, develops, and fabricates 
shall be accessible to, and usable by individuals with disabilities, 
where the requirement of this subsection is achievable.
    ``(b) Service Providers.--With respect to services provided after 
the effective date of the regulations established pursuant to 
subsection (e), and subject to such regulations, a provider of advanced 
communications shall ensure that services offered by such provider are 
accessible to, and usable, by individuals with disabilities, where the 
requirement of this subsection is achievable.
    ``(c) Compatibility.--If the requirements of subsections (a) and 
(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, where the requirement of this 
subsection is achievable.
    ``(d) Network Features, Functions, and Capabilities.--Each provider 
of advanced communications shall not install network features, 
functions, or capabilities that do not comply with the regulations 
established pursuant to this section.
    ``(e) Regulations.--
            ``(1) In general.--Within 18 months after the date of 
        enactment of the Equal Access to 21st Century Communications 
        Act, the Commission shall prescribe such regulations as are 
        necessary to implement this section.
            ``(2) Content of regulations.--In prescribing the 
        regulations required under paragraph (1), the Commission 
        shall--
                    ``(A) include standards to ensure the 
                accessibility, usability, and compatibility of advanced 
                communications and the equipment used for advanced 
                communications by individuals with disabilities; and
                    ``(B) provide that the advanced communications, 
                equipment used for advanced communications, and 
                advanced communications service networks used to 
                provide such advanced communications may not impair or 
                impede the accessibility of information content when 
                accessibility has been incorporated into the content 
                for transmission through advanced communications, 
                equipment used for advanced communications, or advanced 
                communications service networks.
    ``(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 date of enactment of the Equal 
Access to 21st Century Communications Act. Any such exempted services 
and equipment shall remain subject to the requirements of section 255.
    ``(g) Definition.--For the purposes of this section, sections 717, 
718, and 719, the term `achievable' means with reasonable effort or 
expense.

``SEC. 717. ENFORCEMENT AND REPORTING OBLIGATIONS.

    ``(a) Complaint and Enforcement Procedures.--
            ``(1) In general.--Within 18 months after the date of 
        enactment of the Equal Access to 21st Century Communications 
        Act, the Commission shall--
                    ``(A) establish regulations that facilitate the 
                filing of complaints that allege a violation of section 
                255, 716, 718, or 719;
                    ``(B) establish formal and informal procedures for 
                enforcement actions by the Commission with respect to 
                such violations; and
                    ``(C) implement the reporting obligations of 
                paragraph (6) for manufacturers and providers subject 
                to such sections.
            ``(2) Required provisions.--The regulations required under 
        paragraph (1) shall include the following provisions:
                    ``(A) No fee.--The Commission shall not charge a 
                fee to an individual who files a complaint alleging a 
                violation of section 255, 716, 718, or 719.
                    ``(B) Receipt of complaints.--The Commission shall 
                establish separate and identifiable electronic, 
                telephonic, and physical receptacles for the receipt of 
                complaints filed under section 255, 716, 718, or 719.
                    ``(C) Complaints to the commission.--Any person 
                alleging a violation of section 255, 716, 718, or 719 
                by a manufacturer of equipment or provider of service 
                subject to such sections may file a complaint with the 
                Commission. The Commission shall investigate the 
                allegations in such complaint and issue a final order 
                concluding the investigation within 180 days of the 
                date on which such complaint is filed with the 
                Commission, unless such complaint is resolved before 
                such time. The Commission may consolidate for 
                investigation and resolution such complaints alleging 
                substantially the same violation by the same 
                manufacturer or provider. Such final order shall 
                include a determination as to whether any violation has 
                occurred and, if the Commission determines that a 
                violation has occurred, address the manner in which the 
                manufacturer or service provider will achieve 
                accessibility, compatibility, or usability required by 
                section 255, 716, 718, or 719. If a determination is 
                made that a violation has not occurred, the Commission 
                shall provide the basis for such determination, 
                including the basis for determining that an 
                accessibility feature requested is not readily 
                achievable under section 255 or is achievable under 
                section 716, 718, or 719.
                    ``(D) Opportunity to respond.--Before the 
                Commission makes a determination pursuant to 
                subparagraph (C), the party that is the subject of the 
                complaint shall have the opportunity to respond to such 
                complaint, and may include in such response any factors 
                that it deems relevant to such determination and any 
                available alternatives that might constitute an 
                effective substitute for the equipment or service that 
                is the subject of such complaint.
                    ``(E) Cease and desist orders.--If the Commission's 
                investigation pursuant to subparagraph (C) determines 
                that a manufacturer of equipment or provider of service 
                is engaged in an act prohibited by section 255, 716, 
                718, or 719, or is failing to perform any act required 
                by section 255, 716, 718, or 719, the Commission shall 
                have the authority to order such manufacturer or 
                provider to cease from violating such section.
                    ``(F) Reporting.--Each manufacturer of equipment 
                used for advanced communications and each provider of 
                advanced communications shall--
                            ``(i) file a report with the Commission, on 
                        an annual basis, that describes the steps that 
                        have been taken by such manufacturer or 
                        provider during the preceding year to implement 
                        sections 255 and 716, including--
                                    ``(I) information about the 
                                manufacturer's or provider's efforts to 
                                consult with people with disabilities;
                                    ``(II) descriptions of the 
                                accessibility features of its products 
                                and services; and
                                    ``(III) information about the 
                                compatibility of their products and 
                                services with peripheral devices or 
                                specialized customer premise equipment 
                                commonly used by people with 
                                disabilities to achieve access; and
                            ``(ii) maintain, in the ordinary course of 
                        business, records of the efforts taken by such 
                        manufacturer or provider to implement sections 
                        255 and 716.
                    ``(G) Failure to act.--If the Commission fails to 
                carry out any of its responsibilities to act upon a 
                complaint in the manner prescribed in subparagraph (C), 
                the person that filed such complaint may bring an 
                action in the nature of mandamus in an appropriate 
                Federal district court to compel the Commission to 
                carry out any such responsibility.
                    ``(H) Commission jurisdiction.--The limitations of 
                section 255(f) shall apply to any claim that alleges a 
                violation of section 255, 716, 718, or 719. Nothing in 
                this paragraph affects or limits any action for 
                mandamus under subparagraph (G) or any appeal pursuant 
                to section 402(b)(10).
                    ``(I) 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.--Not later than 2 years after the date of 
        enactment of the Equal Access to 21st Century Communications 
        Act, and every 2 years thereafter, the Commission shall submit 
        a report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives that assesses the 
        level of compliance with section 255 or 716 and evaluates the 
        extent to which any accessibility barriers still exist with 
        respect to new technologies.
            ``(2) Public comment.--The Commission shall seek public 
        comment on the tentative findings of the report required under 
        paragraph (1) prior to the submission of such report to the 
        Committees described in paragraph (1).
            ``(3) Required content.--The report required under 
        paragraph (1) shall include the following:
                    ``(A) The number and nature of complaints received 
                pursuant to subsection (a) during the 2 years that are 
                the subject of the report.
                    ``(B) Actions taken to resolve such complaints 
                under this section, including cease and desist orders 
                issued and forfeiture penalties assessed.
                    ``(C) The length of time that was taken by the 
                Commission to resolve each such complaint.
                    ``(D) The number, status, nature, and outcome of 
                any actions of mandamus filed pursuant to subsection 
                (a)(2)(G) and the number, status, and outcome of any 
                appeals filed pursuant to section 402(b)(10).
    ``(c) Comptroller General Enforcement Study.--
            ``(1) In general.--The Comptroller General shall conduct a 
        study to consider and evaluate--
                    ``(A) the Commission's compliance with the 
                requirements of the Equal Access to 21st Century 
                Communications Act, including the Commission's level of 
                compliance with deadlines (including deadlines for 
                acting on complaints) established in such Act;
                    ``(B) whether the enforcement actions taken by the 
                Commission pursuant to such Act have been appropriate 
                and effective in ensuring compliance with such 
                requirements; and
                    ``(C) whether the enforcement provisions 
                established in such Act are adequate to ensure 
                compliance with such requirements.
            ``(2) Report.--Not later than 5 years after the date of 
        enactment of the Equal Access to 21st Century Communications 
        Act, the Comptroller General shall submit a report to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives on the results of the study required by 
        paragraph (1), with the recommendations for how the enforcement 
        process and measures with respect to such Act may be modified 
        or improved.
    ``(d) Clearinghouse.--Within 18 months after the date of enactment 
of the Equal Access to 21st Century Communications Act, the Commission 
shall, in consultation with the Architectural and Transportation 
Barriers Compliance Board, the National Telecommunications and 
Information Administration, trade associations, and organizations 
representing people 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 or solutions.
    ``(e) Outreach and Education.--Upon establishment of the 
clearinghouse of the information required under section 717(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.''.
    (b) Title V Amendments.--Section 503(b)(2) of the Communications 
Act of 1934 (47 U.S.C. 503(b)(2)) (47 U.S.C. 503(b)(2)) is amended--
            (1) by redesignating subparagraphs (C), (D), and (E) as 
        subparagraphs (D), (E), and (F), respectively;
            (2) by inserting after subparagraph (B) the following:
                    ``(C) If the violator is a manufacturer of 
                telecommunications equipment, a manufacturer of 
                equipment used for advanced communications, or a 
                provider of advanced communications, who is subject to 
                the requirements of section 255, 716, 718, or 719, and 
                who is determined by the Commission to have violated 
                any such requirement, the manufacturer of 
                telecommunications equipment, the manufacturer of 
                equipment used for advanced communications, or the 
                provider of advanced communications shall be liable to 
                the United States for a forfeiture penalty. The amount 
                of any penalty determined under this subparagraph shall 
                not exceed $100,000 for each violation of 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.''; 
                and
            (3) in subparagraph (D) (as so redesignated) by striking 
        subparagraph ``(A) or (B)'' and inserting ``subparagraph (A), 
        (B), or (C).''
    (c) Review of Commission Determinations.--Section 402(b) of the 
Communications Act of 1934 (47 U.S.C. 402(b)) is amended by adding at 
the end the following:
            ``(10) By any person who is aggrieved or whose interests 
        are adversely affected by a determination made by the 
        Commission under section 717(a)(3).''.

SEC. 105. UNIVERSAL SERVICE.

    (a) Consumers With Disabilities.--Section 254(c) of the 
Communications Act of 1934 (47 U.S.C. 254(c)) is amended by adding at 
the end the following:
            ``(4) Individuals with disabilities.--Notwithstanding 
        subsection (j), the Commission shall authorize Lifeline and 
        Link-Up assistance programs and other Federal universal service 
        support mechanisms to be used for those telecommunications 
        services, Internet access services, and advanced communications 
        that are needed by individuals with disabilities, who are 
        otherwise qualified for such programs or mechanisms, to engage 
        in communication with 1 or more other individuals in a manner 
        that is functionally equivalent to the ability of individuals 
        without disabilities to engage in such communication.''.
    (b) Allocation of USF for Services for Individuals With 
Disabilities.--Section 254 of the Communications Act of 1934 (47 U.S.C. 
254) is further amended--
            (1) by redesignating subsections (i) through (l) as 
        subsections (j) through (m), respectively; and
            (2) by inserting after subsection (h) the following:
    ``(i) Individuals Who Are Deaf-Blind.--
            ``(1) 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 universal service support those programs that are 
        certified by a State commission or 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.
            ``(2) Definition.--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)).
            ``(3) Annual amount.--The total amount of universal service 
        support that may be obligated or expanded under this subsection 
        for any fiscal year may not exceed $10,000,000.''.

SEC. 106. EMERGENCY ACCESS AND REAL-TIME TEXT SUPPORT.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) 
is further amended by adding after section 717 (as added by section 
104) the following:

``SEC. 718. EMERGENCY ACCESS AND REAL-TIME TEXT ADVISORY COMMITTEE.

    ``(a) Establishment.--For the purpose of achieving equal access to 
emergency services by individuals with disabilities, as part of the 
migration to a national Internet protocol-enabled emergency network, 
not later than 120 days after the date of enactment of the Equal Access 
to 21st Century Communications Act, the Chairman shall establish an 
advisory committee, to be known as the Emergency Access and Real-Time 
Text Advisory Committee (referred to in this section as the `Advisory 
Committee').
    ``(b) Membership.--As soon as practicable after the date of 
enactment of the Equal Access to 21st Century Communications Act, the 
Chairman of the Commission shall appoint the members of the Advisory 
Committee, ensuring an equal balance between potential real-time text 
consumers and other stakeholders, and designate 2 such members as the 
co-chairs of the Committee. Members of the Advisory Committee shall be 
selected from the following groups:
            ``(1) State and local government and emergency responder 
        representatives.--Representatives of State and local 
        governments and representatives of emergency response 
        providers, selected from among individuals nominated by 
        national organizations representing such governments and 
        personnel.
            ``(2) Subject matter experts.--Individuals who have the 
        requisite technical knowledge and expertise to serve on the 
        Advisory Committee in the fulfillment of its duties, including 
        representatives of--
                    ``(A) providers of interconnected VoIP services;
                    ``(B) vendors, developers, and manufacturers of 
                systems, facilities, equipment, and capabilities for 
                the provision of interconnected VoIP services;
                    ``(C) national organizations representing people 
                with disabilities and senior citizens;
                    ``(D) Federal agencies or departments responsible 
                for the implementation of the Next Generation E 9-1-1 
                system;
                    ``(E) the National Institute of Standards and 
                Technology; and
                    ``(F) other individuals with relevant technical 
                expertise.
            ``(3) Qualified representatives of other stakeholders and 
        interested parties.--Qualified representatives of such other 
        stakeholders and interested and affected parties as the 
        Chairman of the Commission determines appropriate.
    ``(c) Development of Recommendations.--Within 12 months after the 
completion of the member appointment process by the Chairman of the 
Commission pursuant to subsection (b), the Advisory Committee shall 
develop and submit to the Commission recommendations--
            ``(1) with respect to the definition of real-time text;
            ``(2) with respect to what actions are necessary as a part 
        of the migration to a national Internet protocol-enabled 
        network to achieve reliable, interoperable real-time text 
        communication transmitted over such network that will ensure 
        access to emergency services by people with disabilities;
            ``(3) for protocols, technical capabilities, and technical 
        requirements to ensure reliable, interoperable real-time text 
        communications necessary to ensure access to emergency services 
        by people with disabilities;
            ``(4) for the establishment of technical standards for use 
        by public safety answering points, designated default answering 
        points and local emergency authorities;
            ``(5) for relevant technical standards and requirements for 
        communication devices and equipment and technologies to enable 
        to the use of reliable, interoperable real-time text 
        communications;
            ``(6) for procedures to be followed by IP-enabled network 
        providers to ensure that such providers do not install 
        features, functions, or capabilities that would conflict with 
        technical standards; and
            ``(7) for deadlines by which providers of interconnected 
        VoIP services and manufacturers of equipment used for such 
        services shall achieve the actions required in paragraphs (1) 
        through (6), and for the possible phase out of the use of 
        current-generation TTY technology to the extent that this 
        technology is replaced with real-time text.
    ``(d) Meetings.--
            ``(1) Initial meeting.--The initial meeting of the Advisory 
        Committee shall take place not later than 90 days after the 
        completion of the member appointment process by the Chairman of 
        the Commission pursuant to subsection (b).
            ``(2) Other meetings.--After the initial meeting, the 
        Advisory Committee shall meet at the call of the chairs, but no 
        less than monthly until the recommendations required pursuant 
        to subsection (c) are completed and submitted.
            ``(3) Notice; open meetings.--Any meetings held by the 
        Advisory Committee shall be duly noticed at least 14 days in 
        advance and shall be open to the public.
    ``(e) Rules.--
            ``(1) Quorum.--One-third of the members of the Advisory 
        Committee shall constitute a quorum for conducting business of 
        the Advisory Committee.
            ``(2) Subcommittees.--To assist the Advisory Committee in 
        carrying out its functions, the Chair may establish appropriate 
        subcommittees composed of members of the Advisory Committee and 
        other subject matter experts as deemed necessary.
            ``(3) Additional rules.--The advisory committee may adopt 
        other rules as needed.
    ``(f) Federal Advisory Committee Act.--Neither the Federal Advisory 
Committee Act (5 U.S.C. App.) nor any rule, order, or regulation 
promulgated under that Act shall apply to the Advisory Committee.
    ``(g) Implementing Recommendations.--The Commission shall have the 
authority to promulgate regulations to implement the recommendations 
proposed by the Advisory Committee, as well as any other regulations, 
technical standards, protocols, and procedures as are necessary to 
achieve reliable, interoperable real-time text communication that 
ensures access by people with disabilities to an Internet protocol-
enabled emergency network.''.

SEC. 107. INTERNET ACCESS SERVICE INTERFACE.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) 
is further amended by adding after section 718 (as added by section 
106) the following:

``SEC. 719. INTERNET ACCESS SERVICE USER INTERFACE.

    ``Every provider of Internet access service and every manufacturer 
of Internet access equipment shall, where achievable, make user 
interfaces for such service and equipment accessible to individuals 
with disabilities, including those interfaces used to initiate, 
monitor, and control such service.''.

           TITLE II--VIDEO DESCRIPTIONS AND CLOSED CAPTIONING

SEC. 201. COMMISSION INQUIRY ON CLOSED CAPTIONING DECODER AND VIDEO 
              DESCRIPTION CAPABILITY, USER INTERFACES, AND VIDEO 
              PROGRAMMING GUIDES AND MENUS.

    (a) Inquiry Required.--The Federal Communications Commission shall 
conduct an inquiry on the following subjects:
            (1) Closed-captioning decoder and video description 
        capability.--With respect to closed captioning decoder and 
        video description capability, the Federal Communications 
        Commission shall--
                    (A) describe--
                            (i) the formats and software commonly used 
                        by video programming providers or owners for 
                        exhibition on new technologies, including those 
                        using the Internet protocol (or successor 
                        protocol) and digital wireless services; and
                            (ii) the related technical issues 
                        associated with the implementation of closed 
                        captioning and video description by means of 
                        new technologies;
                    (B) describe the technical standards, protocols, 
                and procedures needed for the transmission of closed 
                captioning and video description by means of services 
                using the Internet protocol (or a successor protocol) 
                and digital wireless services and equipment; and
                    (C) describe--
                            (i) technical standards, protocols, and 
                        procedures needed to enable video programming 
                        providers and owners to transmit emergency 
                        information in a manner that is accessible to 
                        individuals who are blind or visually impaired; 
                        and
                            (ii) the persons or parties obligated to 
                        create, receive, and transmit such emergency 
                        information in accordance with such standards, 
                        protocols, and procedures.
            (2) User interfaces.--With respect to user interfaces, the 
        Federal Communications Commission shall--
                    (A) describe the technical standards, protocols, 
                and procedures needed to enable apparatus designed to 
                receive or display video programming transmitted 
                simultaneously with sound (including apparatus designed 
                to receive or display video programming transmitted by 
                means of services using the Internet protocol (or a 
                successor protocol) to be capable of making the 
                apparatus functions, necessary for the receipt, 
                display, navigation, or selection of video programming 
                (and any other functions shared by, related to, or 
                necessary to access such apparatus functions), 
                accessible to and useable by individuals with 
                disabilities; and
                    (B) describe the technical standards, protocols, 
                and procedures needed to enable onscreen text menus and 
                other visual indicators used to access the functions 
                described in subparagraph (A) to be accompanied by 
                audio output so that such menus or indicators are 
                accessible to and usable by individuals who are blind 
                or visually impaired.
            (3) Video programming guides and menus.--With respect to 
        video programming guides and menus, the Federal Communications 
        Commission shall describe the technical standards, protocols, 
        and procedures needed to enable video programming information 
        and selection provided by means of a navigational device, 
        guide, or menu to be accessible in real-time by individuals 
        with disabilities who are unable to read the visual display.
    (b) Report on Inquiry.--Within 18 months after the date of 
enactment of this Act, the Federal Communications Commission shall 
submit to the Congress a report on the results of such inquiry.
    (c) Definitions.--For the purposes of this section, the terms 
``video description'' and ``video programming'' have the meanings 
provided by section 713(g) of the Communications Act of 1934 (47 U.S.C. 
613(g)).

SEC. 202. COMMISSION INQUIRY ON THE DEFINITION OF CONSUMER GENERATED 
              MEDIA.

    Not later than 120 days after the date of enactment of this Act, 
the Federal Communications Commission shall develop through an inquiry 
an appropriate definition of consumer generated media.

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

    (a) Authority To Regulate.--Section 303(u) of the Communications 
Act of 1934 (47 U.S.C. 303(u)) is amended to read as follows:
    ``(u) Require that apparatus designed to receive or play back video 
programming (as such term is defined in section 713(g)) transmitted 
simultaneously with sound, when such apparatus is manufactured in the 
United States or imported for use in the United States and uses a 
picture screen that is 13 inches or greater in size--
            ``(1) be equipped with built-in closed-caption decoder 
        circuitry or capability designed to display closed-captioned 
        video programming;
            ``(2) have the capability to make available the 
        transmission and delivery of video description services as 
        required by section 713(f); and
            ``(3) have the capability to convey emergency information 
        (as that term is defined in section 79.2 of the Commission's 
        regulations (47 C.F.R. 73.2)) in a manner that is accessible to 
        individuals who are blind or visually impaired.''.
    (b) Other Devices.--Section 303 of the Communications Act of 1934 
(47 U.S.C. 303) is further amended--
            (1) by redesignating subsections (v) through (y) as 
        subsections (y) through (bb), respectively; and
            (2) by inserting after subsection (u) the following:
    ``(v) Require, after inquiry, that apparatus designed to receive or 
play back video programming (as such term is defined in section 713(g)) 
transmitted simultaneously with sound, when such apparatus is 
manufactured in the United States or imported for use in the United 
States and uses a picture screen that is less than 13 inches in size--
            ``(1) be equipped with built-in closed-caption decoder 
        circuitry or capability designed to display closed-captioned 
        video programming;
            ``(2) have the capability to make available the 
        transmission and delivery of video description services as 
        required by section 713(f); and
            ``(3) have the capability to convey emergency information 
        (as that term is defined in section 79.2 of the Commission's 
        regulations (47 C.F.R. 79.2)), in a manner that is accessible 
        to individuals who are blind or visually impaired.
    ``(w) Require, after inquiry, that apparatus manufactured in the 
United States or imported for use in the United States that is designed 
to record video programming (as such term is defined in section 713(g)) 
transmitted simultaneously with sound, retain and permit the pass 
through of closed captions and video description signals such that 
viewers will be able to activate and deactivate the closed captions and 
video description when the video programming is played back on a 
picture screen of any size. Interconnection mechanisms and standards 
for digital video source devices must be able to carry program related 
accessibility data for people with disabilities from the source device 
to the consumer equipment so that the consumer is able to display 
closed captions and make encoded video description audible.
    ``(x) Exempt from requirements of subsections (u) and (v) any 
apparatus or class of apparatus that are display-only video monitors, 
with no playback capability and shall have the authority to waive the 
requirements of such subsections for any apparatus or class of 
apparatus.''.
    (c) Shipment in Commerce.--Section 330(b) of the Communications Act 
of 1934 (47 U.S.C. 330(b)) is amended--
            (1) by striking ``section 303(u)'' and inserting 
        ``subsections (u), (v), and (w) of section 303'';
            (2) by striking the second sentence and inserting the 
        following: ``Such rules shall provide performance and display 
        standards for such built-in decoder circuitry or capability 
        designed to display closed-captioned video programming, the 
        transmission and delivery of video description services and the 
        conveyance of emergency information as required by section 303 
        of this Act.''; and
            (3) in the fourth sentence, by inserting ``and video 
        description service'' after ``closed-captioning service.''
    (d) Implementing Regulations.--The Federal Communications 
Commission shall prescribe such regulations as are necessary to 
implement the requirements of this section, including any technical 
standards, protocols, and procedures needed for the transmission of 
closed captioning, video description, and emergency information, within 
18 months after the submission of the report to Congress required by 
section 201(b) of this Act.

SEC. 204. VIDEO DESCRIPTION AND CLOSED CAPTIONING.

    (a) Video Description.--Section 713 of the Communications Act of 
1934 (47 U.S.C. 613) is amended by striking subsections (f) and (g) and 
inserting the following:
    ``(f) Video Description.--
            ``(1) Reinstatement of the rules.--The video description 
        regulations of the Commission contained in the report and order 
        identified as Implementation of Video Description of Video 
        Programming, Report and Order (15 F.C.C.R. 15230) (July 21, 
        2000), when such rules are republished and refreshed pursuant 
        to paragraph (2), shall--
                    ``(A) be considered to be in full force and effect 
                and ratified by law; and
                    ``(B) apply to video programming that is first 
                published or exhibited after the date of enactment of 
                the Equal Access to 21st Century Communications Act.
            ``(2) Continuing authority of the commission.--The 
        Commission shall--
                    ``(A) within 90 days after the date of enactment of 
                the Equal Access to 21st Century Communications Act--
                            ``(i) publish and refresh its video 
                        description regulations contained in the report 
                        and order identified as Implementation of Video 
                        Description of Video Programming, Report and 
                        Order (15 F.C.C.R. 15230) (July 21, 2000) in a 
                        manner that provides the same or an improved 
                        level of video description service; and
                            ``(ii) apply the requirements of such 
                        report and order to owners of and providers of 
                        video programming;
                    ``(B) initiate a proceeding, to be completed within 
                18 months after the submission of the report to 
                Congress required by section 201(b) of the Equal Access 
                to 21st Century Communications Act--
                            ``(i) identify methods to convey emergency 
                        information (as that term is defined in section 
                        79.2 of the Commission's regulations (47 C.F.R. 
                        79.2)) in a manner accessible to individuals 
                        who are blind or visually impaired; and
                            ``(ii) promulgate regulations that require 
                        video programming providers and video 
                        programming distributors (as those terms are 
                        defined in section 79.1 of the Commission's 
                        regulations (47 C.F.R. 79.1)) and owners of 
                        video programming to convey such emergency 
                        information in a manner accessible to 
                        individuals who are blind or visually impaired, 
                        consistent with the requirements of such 
                        section of such regulations; and
                    ``(C) promulgate any other regulation that the 
                Commission may find necessary to implement, enforce, or 
                otherwise carry out the provisions of this section, 
                including regulations to increase the amount of video 
                description required to achieve full access to video 
                programming for individuals who are blind or visually 
                impaired.
            ``(3) Requirements for rules.--
                    ``(A) The regulations described in paragraph (1) 
                and republished and refreshed, or otherwise increased 
                or enhanced, pursuant to subparagraph (A) or (C) of 
                paragraph (2) shall include an appropriate schedule of 
                deadlines for the provision of video description of 
                video programming.
                    ``(B) Such regulations may permit a provider of 
                video programming or 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 are not achievable. A 
                provider shall be exempt from such requirements only 
                after the Commission decides to grant any such 
                petition.
                    ``(C) The Commission may exempt from the 
                regulations established pursuant to paragraph (2)(C) 
                services, classes of services, programs, classes of 
                programs, equipment, or classes of equipment for which 
                the Commission has determined that the application of 
                such regulations would be economically burdensome to 
                the providers of such services.
    ``(g) Definitions.--For purposes of this section:
            ``(1) Video description.--The term `video description' 
        means the insertion of audio narrated descriptions of the video 
        programming's key visual elements in natural pauses between the 
        program's dialogue.
            ``(2) Video programming.--The term `video programming' 
        means programming provided by, or generally considered 
        comparable to programming provided by, a television broadcast 
        station, even if such programming is distributed over the 
        Internet or by some other means.''.
    (b) Closed Captioning on Video Programming Distributed Over the 
Internet.--Section 713 of the Communication Act of 1934 (47 U.S.C. 613) 
is further amended by striking subsection (c) and inserting the 
following:
    ``(c) Deadlines for Captioning.--
            ``(1) In general.--The regulations prescribed pursuant to 
        subsection (b) shall include an appropriate schedule of 
        deadlines for the provision of closed captioning of video 
        programming.
            ``(2) Deadlines for internet-distributed programming.--
                    ``(A) Within 18 months after the submission of the 
                report to Congress required by section 201(b) of the 
                Equal Access to 21st Century Communications Act, the 
                Commission shall prescribe regulations that include an 
                appropriate schedule of deadlines for the provision of 
                closed captioning of video programming distributed to 
                the public over the Internet.
                    ``(B) Consistent with the regulations promulgated 
                under subsection (b), the regulations prescribed under 
                this paragraph shall ensure the accessibility of video 
                programming, except for consumer generated media (as 
                such term is to be defined by the Commission), through 
                the provision of captions on--
                            ``(i) preproduced video programming that 
                        was previously captioned for television 
                        viewing;
                            ``(ii) live video programming; and
                            ``(iii) video programming first published 
                        or exhibited after the effective date of such 
                        regulations provided by or generally considered 
                        to be comparable to programming provided by 
                        multichannel programming distributors.''.
    (c) Conforming Amendment.--Section 713(d) of the Communications Act 
of 1934 (47 U.S.C. 613(d)) is amended by striking paragraph (3) and 
inserting the following:
            ``(3) a provider of video programming or program owner may 
        petition the Commission for an exemption from the requirements 
        of this section and--
                    ``(A) the Commission may grant such petition upon 
                showing that the requirements contained in this section 
                would result in an undue burden; and
                    ``(B) such exemptions shall be effective only after 
                the Commission grants such petition.''.

SEC. 205. USER INTERFACE REGULATIONS.

    (a) Amendment.--Section 303 of the Communications Act of 1934 (47 
U.S.C. 303) is further amended by adding at the end of the following 
new subsection:
    ``(cc)(1) Require, after inquiry--
            ``(A) that apparatus designed to receive or play back video 
        programming transmitted simultaneously with sound, including 
        apparatus designed to receive or display video programming 
        transmitted by means of services using the Internet protocol 
        (or a successor protocol), be designed, developed, or 
        fabricated so that control of all apparatus functions enabling 
        the receipt, display, navigation, or selection of video 
        programming (and any other functions shared by, related to, or 
        necessary to access such apparatus functions), are accessible 
        to and usable by individuals with disabilities;
            ``(B) that where on-screen text menus or other visual 
        indicators are used to access the functions described in 
        subparagraph (A), such functions 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; 
        and
            ``(C) that user controls needed to access closed captioning 
        and video description, including--
                    ``(i) a button, key, or icon on the remote control 
                of such apparatus (where a remote control is provided 
                with the apparatus) designated for activating the 
                closed captioning function; and
                    ``(ii) the inclusion of `closed-captions' and 
                `video description' on the first menu that appears when 
                on-screen menus are displayed on such apparatus.
    ``(2) For purposes of this subsection, the terms `video 
description' and `video programming' have the meanings given such terms 
in section 713(g).''.
    (b) Implementing Regulations.--Within 18 months after the 
submission of the report to Congress required by section 201(b) of this 
Act, the Federal Communications Commission shall prescribe such 
regulations as are necessary to implement the amendments made by 
subsection (a).

SEC. 206. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS.

    (a) Amendment.--Section 303 of the Communications Act of 1934 (47 
U.S.C. 303) is further amended by adding after subsection (cc), as 
added by section 205, the following:
    ``(dd) Require each provider or owner of video programming (as such 
term is defined in section 713(g)), with the exception of consumer 
generated media (as such term is to be defined by the Commission) and 
each multichannel programming distributor to ensure that video 
programming information and selection provided by means of a 
navigational device, guide, or menu is accessible in real-time by 
individuals with disabilities who are unable to read the visual 
display.''.
    (b) Implementing Regulations.--Within 18 months after the 
submission of the report to Congress required by section 201(b), the 
Federal Communications Commission shall prescribe such regulations as 
are necessary to implement the amendments made by subsection (a).
                                 <all>
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