II 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Equal Access to 21st Century Communications Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—INCREASING ACCESS 

Sec. 101. Definitions. 

Sec. 102. Hearing aid compatibility. 


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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. 

1 TITLE I—INCREASING ACCESS 

2 SEC. 101. DEFINITIONS. 

3 Section 3 of the Communications Act of 1934 (47 

4 U.S.C. 153) is amended by adding at the end the fol5 lowing: 

6 ‘‘(54) ADVANCED COMMUNICATIONS.—The term 

7 ‘advanced communications’ means Internet-based 

8 protocol, or any successor protocol, based devices 

9 and services that transmit voice, video conferencing, 

10 and text communications, and any application or 

11 service accessed over the Internet that provides for 

12 voice, video conferencing, or text communications, as 

13 determined necessary by the Federal Communica14 tions Commission. 

15 ‘‘(55) DISABILITY.—The term ‘disability’ has 

16 the meaning given such term under section 3(2)(A) 

17 of the Americans with Disabilities Act of 1990 (42 

18 U.S.C. 12102(2)(A)). 


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1 ‘‘(56) INTERCONNECTED VOIP SERVICE.—The 

2 term ‘interconnected VoIP service’ has the meaning 

3 given such term under section 9.3 of the Commis4 sion’s regulations (47 C.F.R. 9.3). 

5 ‘‘(57) INTERNET ACCESS EQUIPMENT.—The 

6 term ‘internet access equipment’ means equipment 

7 that is used to combine computer processing, infor8 mation provision, and computer interactivity with 

9 data transport, enabling users to run a variety of 

10 applications, including email. 

11 ‘‘(58) INTERNET ACCESS SERVICE.—The term 

12 ‘internet access service’ means a service that com13 bines computer processing, information provision, 

14 and computer interactivity with data transport, ena15 bling end users to access the Internet and use a va16 riety of applications, including email.’’. 

17 SEC. 102. HEARING AID COMPATIBILITY. 

18 (a) COMPATIBILITY REQUIREMENTS.—Section 

19 710(b) of the Communications Act of 1934 (47 U.S.C. 

20 610(b)) is amended— 

21 (1) in paragraph (1)— 

22 (A) by striking ‘‘Except as’’ and all that 

23 follows through ‘‘require that’’ and inserting 

24 ‘‘Except as provided in paragraphs (2) and (3) 

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1 mission shall require that the following cus2 tomer premises equipment provide internal 

3 means for effective use with hearing aids that 

4 are designed to be compatible with telephones 

5 which meet established technical standards for 

6 hearing aid compatibility’’; 

7 (B) by striking ‘‘and’’ at the end of sub8 paragraph (A); 

9 (C) by inserting ‘‘and’’ after the comma at 

10 the end of subparagraph (B); and 

11 (D) by inserting the following new sub12 paragraph: 

13 ‘‘(C) all customer premises equipment used 

14 with advanced communications services that is 

15 designed to provide 2-way voice communication 

16 via a built-in speaker intended to be held to the 

17 ear in a manner functionally equivalent to a 

18 telephone, subject to the regulations prescribed 

19 by the Commission under subsection (e)’’; 

20 (2) in paragraph (2)— 

21 (A) in subparagraph (A)— 

22 (i) in the matter preceding clause 

23 (i)— 

24 (I) by striking ‘‘initial’’; 


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1 (II) by striking ‘‘after the date of 

2 enactment of the Hearing Aid Com3 patibility Act of 1988,’’; and 

4 (III) by inserting ‘‘and (1)(C)’’ 

5 after ‘‘paragraph (1)(B)’’; 

6 (ii) by inserting ‘‘and’’ after the end 

7 of clause (ii); 

8 (iii) by striking clause (iii); and 

9 (iv) by redesignating clause (iv) as 

10 clause (iii); 

11 (B) by striking subparagraph (B) and re12 designating subparagraph (C) as subparagraph 

13 (B); and 

14 (C) in subparagraph (B) (as so redesig15 nated)— 

16 (i) by striking the first sentence and 

17 inserting ‘‘The Commission shall periodi18 cally assess the appropriateness of con19 tinuing in effect the exemptions for tele20 phones and other customer premises equip21 ment described in subparagraph (A) of this 

22 paragraph.’’; and 

23 (ii) in each of clauses (iii) and (iv), by 

24 inserting ‘‘or (1)(C)’’ after ‘‘(1)(B)’’; 

25 (3) in paragraph (4)(B)— 


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1 (A) by inserting ‘‘telephones used with’’ 

2 before ‘‘public mobile services’’; 

3 (B) by inserting ‘‘telephones and other 

4 customer premises equipment used in whole or 

5 in part with’’ after ‘‘means’’; 

6 (C) by striking ‘‘and’’ after ‘‘public land 

7 mobile telephone service,’’ and inserting ‘‘or’’; 

8 (D) by striking ‘‘part 22 of’’; and 

9 (E) by inserting after ‘‘Regulations’’ the 

10 following: ‘‘, or any functionally equivalent unli11 censed wireless services’’; and 

12 (4) in paragraph (4)(C)— 

13 (A) by inserting ‘‘telephones used with’’ 

14 before ‘‘private radio services’’; and 

15 (B) by inserting ‘‘telephones and other 

16 customer premises equipment used in whole or 

17 in part with’’ after ‘‘means’’. 

18 (b) TECHNICAL STANDARDS.—Section 710(c) of the 

19 Communications Act of 1934 (47 U.S.C. 610(c)) is 

20 amended by adding at the end the following: ‘‘A telephone 

21 or other customer premises equipment that is compliant 

22 with a relevant technical standard developed through a 

23 public participation process and in consultation with inter24 ested consumer stakeholders will be deemed hearing aid 

25 compatible for purposes of this section, until such time 


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1 as the Commission may deem otherwise. The Commission 

2 shall consult with the public, including people with hearing 

3 loss, in establishing or approving such technical standards. 

4 The Commission may delegate this authority to an em5 ployee pursuant to section 5(c). The Commission shall des6 ignate the national consumer organizations for purposes 

7 of this section and shall remain the final arbiter as to 

8 whether the standard meets the requirements of this sec9 tion.’’. 

10 (c) RULEMAKING.—Section 710(e) of the Commu11 nications Act of 1934 (47 U.S.C. 610(e)) is amended— 

12 (1) by striking ‘‘impairments’’ and inserting 

13 ‘‘loss’’; and 

14 (2) by adding at the end the following sentence: 

15 ‘‘In implementing the provisions of subsection 

16 (b)(1)(C), the Commission shall use appropriate 

17 timetables or benchmarks to the extent necessary 

18 due to technical feasibility or to ensure the market19 ability or availability of new technologies to users.’’. 

20 (d) RULE OF CONSTRUCTION.—Section 710(h) of the 

21 Communications Act of 1934 (47 U.S.C. 610(h)) is 

22 amended to read as follows: 

23 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in the 

24 Equal Access to 21st Century Communications Act shall 

25 be construed to modify the Commission’s regulations set 


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1 forth in section 20.19 of title 47, Code of Federal Regula2 tions, in effect as of the date of enactment of such Act.’’. 

3 SEC. 103. RELAY SERVICES. 

4 (a) DEFINITION.—Paragraph (3) of section 225(a) of 

5 the Communications Act of 1934 (47 U.S.C. 225(a)(3)) 

6 is amended to read as follows: 

7 ‘‘(3) TELECOMMUNICATIONS RELAY SERV8 ICES.—The term ‘telecommunications relay services’ 

9 means telephone transmission that provides the abil10 ity for an individual who is deaf, hard of hearing, 

11 deaf-blind, or who has a speech disability to engage 

12 in communication by wire or radio with 1 or more 

13 individuals, in a manner that is functionally equiva14 lent to the ability of a hearing individual who does 

15 not have a speech disability to communicate using 

16 voice communication services by wire or radio.’’. 

17 (b) INTERNET PROTOCOL-BASED RELAY SERV18 ICES.—Title VII of the Communications Act of 1934 is 

19 amended by adding at the end the following: 

20 ‘‘SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES. 

21 ‘‘Within 1 year after the date of enactment of the 

22 Equal Access to 21st Century Communications Act, each 

23 interconnected VoIP service provider shall participate in 

24 and contribute to the Telecommunications Relay Services 

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1 mission’s regulations (47 C.F.R. 64.404(c)(5)(iii)) as in 

2 effect on the date of enactment of such Act, in a manner 

3 prescribed by the Commission by regulation to provide for 

4 obligations of such providers that are consistent with and 

5 comparable to the obligations of other contributors to the 

6 Fund.’’. 

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

8 EQUIPMENT. 

9 (a) TITLE VII AMENDMENT.—Title VII of the Com10 munications Act of 1934 (47 U.S.C. 601 et seq.) is 

11 amended by inserting after section 715 (as added by sec12 tion 103) the following: 

13 ‘‘SEC. 716. ACCESS TO INTERNET-BASED SERVICES AND 

14 EQUIPMENT. 

15 ‘‘(a) MANUFACTURING.—With respect to equipment 

16 manufactured after the effective date of the regulations 

17 established pursuant to subsection (e), and subject to such 

18 regulations, a manufacturer of equipment used for ad19 vanced communications, including end user equipment, 

20 network equipment, and software, shall ensure that equip21 ment and software that such manufacturer designs, devel22 ops, and fabricates shall be accessible to, and usable by 

23 individuals with disabilities, where the requirement of this 

24 subsection is achievable. 


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1 ‘‘(b) SERVICE PROVIDERS.—With respect to services 

2 provided after the effective date of the regulations estab3 lished pursuant to subsection (e), and subject to such reg4 ulations, a provider of advanced communications shall en5 sure that services offered by such provider are accessible 

6 to, and usable, by individuals with disabilities, where the 

7 requirement of this subsection is achievable. 

8 ‘‘(c) COMPATIBILITY.—If the requirements of sub9 sections (a) and (b) are not achievable, a manufacturer 

10 or provider shall ensure that its equipment or service is 

11 compatible with existing peripheral devices or specialized 

12 customer premises equipment commonly used by individ13 uals with disabilities to achieve access, where the require14 ment of this subsection is achievable. 

15 ‘‘(d) NETWORK FEATURES, FUNCTIONS, AND CAPA16 BILITIES.—Each provider of advanced communications 

17 shall not install network features, functions, or capabilities 

18 that do not comply with the regulations established pursu19 ant to this section. 

20 ‘‘(e) REGULATIONS.— 

21 ‘‘(1) IN GENERAL.—Within 18 months after the 

22 date of enactment of the Equal Access to 21st Cen23 tury Communications Act, the Commission shall pre24 scribe such regulations as are necessary to imple25 ment this section. 


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1 ‘‘(2) CONTENT OF REGULATIONS.—In pre2 scribing the regulations required under paragraph 

3 (1), the Commission shall— 

4 ‘‘(A) include standards to ensure the acces5 sibility, usability, and compatibility of advanced 

6 communications and the equipment used for ad7 vanced communications by individuals with dis8 abilities; and 

9 ‘‘(B) provide that the advanced commu10 nications, equipment used for advanced commu11 nications, and advanced communications service 

12 networks used to provide such advanced com13 munications may not impair or impede the ac14 cessibility of information content when accessi15 bility has been incorporated into the content for 

16 transmission through advanced communica17 tions, equipment used for advanced communica18 tions, or advanced communications service net19 works. 

20 ‘‘(f) SERVICES AND EQUIPMENT SUBJECT TO SEC21 TION 255.—The requirements of this section shall not 

22 apply to any equipment or services, including inter23 connected VoIP service, that are subject to the require24 ments of section 255 on the date of enactment of the 

25 Equal Access to 21st Century Communications Act. Any 


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1 such exempted services and equipment shall remain sub2 ject to the requirements of section 255. 

3 ‘‘(g) DEFINITION.—For the purposes of this section, 

4 sections 717, 718, and 719, the term ‘achievable’ means 

5 with reasonable effort or expense. 

6 ‘‘SEC. 717. ENFORCEMENT AND REPORTING OBLIGATIONS. 

7 ‘‘(a) COMPLAINT AND ENFORCEMENT PROCE8 DURES.— 

9 ‘‘(1) IN GENERAL.—Within 18 months after the 

10 date of enactment of the Equal Access to 21st Cen11 tury Communications Act, the Commission shall— 

12 ‘‘(A) establish regulations that facilitate 

13 the filing of complaints that allege a violation of 

14 section 255, 716, 718, or 719; 

15 ‘‘(B) establish formal and informal proce16 dures for enforcement actions by the Commis17 sion with respect to such violations; and 

18 ‘‘(C) implement the reporting obligations 

19 of paragraph (6) for manufacturers and pro20 viders subject to such sections. 

21 ‘‘(2) REQUIRED PROVISIONS.—The regulations 

22 required under paragraph (1) shall include the fol23 lowing provisions: 

24 ‘‘(A) NO FEE.—The Commission shall not 

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1 plaint alleging a violation of section 255, 716, 

2 718, or 719. 

3 ‘‘(B) RECEIPT OF COMPLAINTS.—The 

4 Commission shall establish separate and identi5 fiable electronic, telephonic, and physical recep6 tacles for the receipt of complaints filed under 

7 section 255, 716, 718, or 719. 

8 ‘‘(C) COMPLAINTS TO THE COMMISSION.— 

9 Any person alleging a violation of section 255, 

10 716, 718, or 719 by a manufacturer of equip11 ment or provider of service subject to such sec12 tions may file a complaint with the Commission. 

13 The Commission shall investigate the allega14 tions in such complaint and issue a final order 

15 concluding the investigation within 180 days of 

16 the date on which such complaint is filed with 

17 the Commission, unless such complaint is re18 solved before such time. The Commission may 

19 consolidate for investigation and resolution such 

20 complaints alleging substantially the same viola21 tion by the same manufacturer or provider. 

22 Such final order shall include a determination 

23 as to whether any violation has occurred and, if 

24 the Commission determines that a violation has 

25 occurred, address the manner in which the 


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1 manufacturer or service provider will achieve 

2 accessibility, compatibility, or usability required 

3 by section 255, 716, 718, or 719. If a deter4 mination is made that a violation has not oc5 curred, the Commission shall provide the basis 

6 for such determination, including the basis for 

7 determining that an accessibility feature re8 quested is not readily achievable under section 

9 255 or is achievable under section 716, 718, or 

10 719. 

11 ‘‘(D) OPPORTUNITY TO RESPOND.—Before 

12 the Commission makes a determination pursu13 ant to subparagraph (C), the party that is the 

14 subject of the complaint shall have the oppor15 tunity to respond to such complaint, and may 

16 include in such response any factors that it 

17 deems relevant to such determination and any 

18 available alternatives that might constitute an 

19 effective substitute for the equipment or service 

20 that is the subject of such complaint. 

21 ‘‘(E) CEASE AND DESIST ORDERS.—If the 

22 Commission’s investigation pursuant to sub23 paragraph (C) determines that a manufacturer 

24 of equipment or provider of service is engaged 

25 in an act prohibited by section 255, 716, 718, 


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1 or 719, or is failing to perform any act required 

2 by section 255, 716, 718, or 719, the Commis3 sion shall have the authority to order such man4 ufacturer or provider to cease from violating 

5 such section. 

6 ‘‘(F) REPORTING.—Each manufacturer of 

7 equipment used for advanced communications 

8 and each provider of advanced communications 

9 shall— 

10 ‘‘(i) file a report with the Commission, 

11 on an annual basis, that describes the 

12 steps that have been taken by such manu13 facturer or provider during the preceding 

14 year to implement sections 255 and 716, 

15 including— 

16 ‘‘(I) information about the manu17 facturer’s or provider’s efforts to con18 sult with people with disabilities; 

19 ‘‘(II) descriptions of the accessi20 bility features of its products and 

21 services; and 

22 ‘‘(III) information about the 

23 compatibility of their products and 

24 services with peripheral devices or 

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1 ment commonly used by people with 

2 disabilities to achieve access; and 

3 ‘‘(ii) maintain, in the ordinary course 

4 of business, records of the efforts taken by 

5 such manufacturer or provider to imple6 ment sections 255 and 716. 

7 ‘‘(G) FAILURE TO ACT.—If the Commis8 sion fails to carry out any of its responsibilities 

9 to act upon a complaint in the manner pre10 scribed in subparagraph (C), the person that 

11 filed such complaint may bring an action in the 

12 nature of mandamus in an appropriate Federal 

13 district court to compel the Commission to 

14 carry out any such responsibility. 

15 ‘‘(H) COMMISSION JURISDICTION.—The 

16 limitations of section 255(f) shall apply to any 

17 claim that alleges a violation of section 255, 

18 716, 718, or 719. Nothing in this paragraph af19 fects or limits any action for mandamus under 

20 subparagraph (G) or any appeal pursuant to 

21 section 402(b)(10). 

22 ‘‘(I) PRIVATE RESOLUTIONS OF COM23 PLAINTS.—Nothing in the Commission’s rules 

24 or this Act shall be construed to preclude a per25 son who files a complaint and a manufacturer 


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1 or provider from resolving a formal or informal 

2 complaint prior to the Commission’s final deter3 mination in a complaint proceeding. In the 

4 event of such a resolution, the parties shall 

5 jointly request dismissal of the complaint and 

6 the Commission shall grant such request. 

7 ‘‘(b) REPORTS TO CONGRESS.— 

8 ‘‘(1) IN GENERAL.—Not later than 2 years 

9 after the date of enactment of the Equal Access to 

10 21st Century Communications Act, and every 2 

11 years thereafter, the Commission shall submit a re12 port to the Committee on Commerce, Science, and 

13 Transportation of the Senate and the Committee on 

14 Energy and Commerce of the House of Representa15 tives that assesses the level of compliance with sec16 tion 255 or 716 and evaluates the extent to which 

17 any accessibility barriers still exist with respect to 

18 new technologies. 

19 ‘‘(2) PUBLIC COMMENT.—The Commission shall 

20 seek public comment on the tentative findings of the 

21 report required under paragraph (1) prior to the 

22 submission of such report to the Committees de23 scribed in paragraph (1). 


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1 ‘‘(3) REQUIRED CONTENT.—The report re2 quired under paragraph (1) shall include the fol3 lowing: 

4 ‘‘(A) The number and nature of complaints 

5 received pursuant to subsection (a) during the 

6 2 years that are the subject of the report. 

7 ‘‘(B) Actions taken to resolve such com8 plaints under this section, including cease and 

9 desist orders issued and forfeiture penalties as10 sessed. 

11 ‘‘(C) The length of time that was taken by 

12 the Commission to resolve each such complaint. 

13 ‘‘(D) The number, status, nature, and out14 come of any actions of mandamus filed pursu15 ant to subsection (a)(2)(G) and the number, 

16 status, and outcome of any appeals filed pursu17 ant to section 402(b)(10). 

18 ‘‘(c) COMPTROLLER GENERAL ENFORCEMENT

19 STUDY.— 

20 ‘‘(1) IN GENERAL.—The Comptroller General 

21 shall conduct a study to consider and evaluate— 

22 ‘‘(A) the Commission’s compliance with the 

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1 cluding deadlines for acting on complaints) es2 tablished in such Act; 

3 ‘‘(B) whether the enforcement actions 

4 taken by the Commission pursuant to such Act 

5 have been appropriate and effective in ensuring 

6 compliance with such requirements; and 

7 ‘‘(C) whether the enforcement provisions 

8 established in such Act are adequate to ensure 

9 compliance with such requirements. 

10 ‘‘(2) REPORT.—Not later than 5 years after the 

11 date of enactment of the Equal Access to 21st Cen12 tury Communications Act, the Comptroller General 

13 shall submit a report to the Committee on Com14 merce, Science, and Transportation of the Senate 

15 and the Committee on Energy and Commerce of the 

16 House of Representatives on the results of the study 

17 required by paragraph (1), with the recommenda18 tions for how the enforcement process and measures 

19 with respect to such Act may be modified or im20 proved. 

21 ‘‘(d) CLEARINGHOUSE.—Within 18 months after the 

22 date of enactment of the Equal Access to 21st Century 

23 Communications Act, the Commission shall, in consulta24 tion with the Architectural and Transportation Barriers 

25 Compliance Board, the National Telecommunications and 


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1 Information Administration, trade associations, and orga2 nizations representing people with disabilities, establish a 

3 clearinghouse of information on the availability of acces4 sible products and services and accessibility solutions re5 quired under sections 255 and 716. Such information shall 

6 be made publicly available on the Commission’s website 

7 and by other means, and shall include an annually updated 

8 list of products and services with access features or solu9 tions. 

10 ‘‘(e) OUTREACH AND EDUCATION.—Upon establish11 ment of the clearinghouse of the information required 

12 under section 717(d), the Commission, in coordination 

13 with the National Telecommunications and Information 

14 Administration, shall conduct an informational and edu15 cational program designed to inform the public about the 

16 availability of the clearinghouse, and the protections and 

17 remedies available under sections 255 and 716.’’. 

18 (b) TITLE V AMENDMENTS.—Section 503(b)(2) of 

19 the Communications Act of 1934 (47 U.S.C. 503(b)(2)) 

20 (47 U.S.C. 503(b)(2)) is amended— 

21 (1) by redesignating subparagraphs (C), (D), 

22 and (E) as subparagraphs (D), (E), and (F), respec23 tively; 

24 (2) by inserting after subparagraph (B) the fol25 lowing: 


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1 ‘‘(C) If the violator is a manufacturer of 

2 telecommunications equipment, a manufacturer 

3 of equipment used for advanced communica4 tions, or a provider of advanced communica5 tions, who is subject to the requirements of sec6 tion 255, 716, 718, or 719, and who is deter7 mined by the Commission to have violated any 

8 such requirement, the manufacturer of tele9 communications equipment, the manufacturer 

10 of equipment used for advanced communica11 tions, or the provider of advanced communica12 tions shall be liable to the United States for a 

13 forfeiture penalty. The amount of any penalty 

14 determined under this subparagraph shall not 

15 exceed $100,000 for each violation of each day 

16 of a continuing violation, except that the 

17 amount assessed for any continuing violation 

18 shall not exceed a total of $1,000,000 for any 

19 single act or failure to act.’’; and 

20 (3) in subparagraph (D) (as so redesignated) 

21 by striking subparagraph ‘‘(A) or (B)’’ and inserting 

22 ‘‘subparagraph (A), (B), or (C).’’ 

23 (c) REVIEW OF COMMISSION DETERMINATIONS.— 

24 Section 402(b) of the Communications Act of 1934 (47 


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1 U.S.C. 402(b)) is amended by adding at the end the fol2 lowing: 

3 ‘‘(10) By any person who is aggrieved or whose 

4 interests are adversely affected by a determination 

5 made by the Commission under section 717(a)(3).’’. 

6 SEC. 105. UNIVERSAL SERVICE. 

7 (a) CONSUMERS WITH DISABILITIES.—Section 

8 254(c) of the Communications Act of 1934 (47 U.S.C. 

9 254(c)) is amended by adding at the end the following: 

10 ‘‘(4) INDIVIDUALS WITH DISABILITIES.—Not11 withstanding subsection (j), the Commission shall 

12 authorize Lifeline and Link-Up assistance programs 

13 and other Federal universal service support mecha14 nisms to be used for those telecommunications serv15 ices, Internet access services, and advanced commu16 nications that are needed by individuals with disabil17 ities, who are otherwise qualified for such programs 

18 or mechanisms, to engage in communication with 1 

19 or more other individuals in a manner that is func20 tionally equivalent to the ability of individuals with21 out disabilities to engage in such communication.’’. 

22 (b) ALLOCATION OF USF FOR SERVICES FOR INDI23 VIDUALS WITH DISABILITIES.—Section 254 of the Com24 munications Act of 1934 (47 U.S.C. 254) is further 

25 amended— 


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1 (1) by redesignating subsections (i) through (l) 

2 as subsections (j) through (m), respectively; and 

3 (2) by inserting after subsection (h) the fol4 lowing: 

5 ‘‘(i) INDIVIDUALS WHO ARE DEAF-BLIND.— 

6 ‘‘(1) IN GENERAL.—Within 6 months after the 

7 date of enactment of the Equal Access to 21st Cen8 tury Communications Act, the Commission shall es9 tablish rules that define as eligible for universal 

10 service support those programs that are certified by 

11 a State commission or approved by the Commission 

12 for the distribution of specialized customer premises 

13 equipment designed to make telecommunications 

14 service, Internet access service, and advanced com15 munications, including interexchange services and 

16 advanced telecommunications and information serv17 ices, accessible by individuals who are deaf-blind. 

18 ‘‘(2) DEFINITION.—For purposes of this sub19 section, the term ‘individuals who are deaf-blind’ has 

20 the same meaning given such term in the Helen Kel21 ler National Center Act, as amended by the Reha22 bilitation Act Amendments of 1992 (29 U.S.C. 

23 1905(2)). 

24 ‘‘(3) ANNUAL AMOUNT.—The total amount of 

25 universal service support that may be obligated or 


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1 expanded under this subsection for any fiscal year 

2 may not exceed $10,000,000.’’. 

3 SEC. 106. EMERGENCY ACCESS AND REAL-TIME TEXT SUP4 PORT. 

5 Title VII of the Communications Act of 1934 (47 

6 U.S.C. 601 et seq.) is further amended by adding after 

7 section 717 (as added by section 104) the following: 

8 ‘‘SEC. 718. EMERGENCY ACCESS AND REAL-TIME TEXT AD9 VISORY COMMITTEE. 

10 ‘‘(a) ESTABLISHMENT.—For the purpose of achieving 

11 equal access to emergency services by individuals with dis12 abilities, as part of the migration to a national Internet 

13 protocol-enabled emergency network, not later than 120 

14 days after the date of enactment of the Equal Access to 

15 21st Century Communications Act, the Chairman shall es16 tablish an advisory committee, to be known as the Emer17 gency Access and Real-Time Text Advisory Committee 

18 (referred to in this section as the ‘Advisory Committee’). 

19 ‘‘(b) MEMBERSHIP.—As soon as practicable after the 

20 date of enactment of the Equal Access to 21st Century 

21 Communications Act, the Chairman of the Commission 

22 shall appoint the members of the Advisory Committee, en23 suring an equal balance between potential real-time text 

24 consumers and other stakeholders, and designate 2 such 

25 members as the co-chairs of the Committee. Members of 


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1 the Advisory Committee shall be selected from the fol2 lowing groups: 

3 ‘‘(1) STATE AND LOCAL GOVERNMENT AND

4 EMERGENCY RESPONDER REPRESENTATIVES.—Rep5 resentatives of State and local governments and rep6 resentatives of emergency response providers, se7 lected from among individuals nominated by national 

8 organizations representing such governments and 

9 personnel. 

10 ‘‘(2) SUBJECT MATTER EXPERTS.—Individuals 

11 who have the requisite technical knowledge and ex12 pertise to serve on the Advisory Committee in the 

13 fulfillment of its duties, including representatives 

14 of— 

15 ‘‘(A) providers of interconnected VoIP 

16 services; 

17 ‘‘(B) vendors, developers, and manufactur18 ers of systems, facilities, equipment, and capa19 bilities for the provision of interconnected VoIP 

20 services; 

21 ‘‘(C) national organizations representing 

22 people with disabilities and senior citizens; 

23 ‘‘(D) Federal agencies or departments re24 sponsible for the implementation of the Next 

25 Generation E 9–1–1 system; 


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1 ‘‘(E) the National Institute of Standards 

2 and Technology; and 

3 ‘‘(F) other individuals with relevant tech4 nical expertise. 

5 ‘‘(3) QUALIFIED REPRESENTATIVES OF OTHER

6 STAKEHOLDERS AND INTERESTED PARTIES.—Quali7 fied representatives of such other stakeholders and 

8 interested and affected parties as the Chairman of 

9 the Commission determines appropriate. 

10 ‘‘(c) DEVELOPMENT OF RECOMMENDATIONS.—With11 in 12 months after the completion of the member appoint12 ment process by the Chairman of the Commission pursu13 ant to subsection (b), the Advisory Committee shall de14 velop and submit to the Commission recommendations— 

15 ‘‘(1) with respect to the definition of real-time 

16 text; 

17 ‘‘(2) with respect to what actions are necessary 

18 as a part of the migration to a national Internet 

19 protocol-enabled network to achieve reliable, inter20 operable real-time text communication transmitted 

21 over such network that will ensure access to emer22 gency services by people with disabilities; 

23 ‘‘(3) for protocols, technical capabilities, and 

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1 sure access to emergency services by people with dis2 abilities; 

3 ‘‘(4) for the establishment of technical stand4 ards for use by public safety answering points, des5 ignated default answering points and local emer6 gency authorities; 

7 ‘‘(5) for relevant technical standards and re8 quirements for communication devices and equip9 ment and technologies to enable to the use of reli10 able, interoperable real-time text communications; 

11 ‘‘(6) for procedures to be followed by IP-en12 abled network providers to ensure that such pro13 viders do not install features, functions, or capabili14 ties that would conflict with technical standards; and 

15 ‘‘(7) for deadlines by which providers of inter16 connected VoIP services and manufacturers of 

17 equipment used for such services shall achieve the 

18 actions required in paragraphs (1) through (6), and 

19 for the possible phase out of the use of current-gen20 eration TTY technology to the extent that this tech21 nology is replaced with real-time text. 

22 ‘‘(d) MEETINGS.— 

23 ‘‘(1) INITIAL MEETING.—The initial meeting of 

24 the Advisory Committee shall take place not later 

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1 pointment process by the Chairman of the Commis2 sion pursuant to subsection (b). 

3 ‘‘(2) OTHER MEETINGS.—After the initial meet4 ing, the Advisory Committee shall meet at the call 

5 of the chairs, but no less than monthly until the rec6 ommendations required pursuant to subsection (c) 

7 are completed and submitted. 

8 ‘‘(3) NOTICE; OPEN MEETINGS.—Any meetings 

9 held by the Advisory Committee shall be duly no10 ticed at least 14 days in advance and shall be open 

11 to the public. 

12 ‘‘(e) RULES.— 

13 ‘‘(1) QUORUM.—One-third of the members of 

14 the Advisory Committee shall constitute a quorum 

15 for conducting business of the Advisory Committee. 

16 ‘‘(2) SUBCOMMITTEES.—To assist the Advisory 

17 Committee in carrying out its functions, the Chair 

18 may establish appropriate subcommittees composed 

19 of members of the Advisory Committee and other 

20 subject matter experts as deemed necessary. 

21 ‘‘(3) ADDITIONAL RULES.—The advisory com22 mittee may adopt other rules as needed. 

23 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—Neither 

24 the Federal Advisory Committee Act (5 U.S.C. App.) nor 


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1 any rule, order, or regulation promulgated under that Act 

2 shall apply to the Advisory Committee. 

3 ‘‘(g) IMPLEMENTING RECOMMENDATIONS.—The 

4 Commission shall have the authority to promulgate regula5 tions to implement the recommendations proposed by the 

6 Advisory Committee, as well as any other regulations, 

7 technical standards, protocols, and procedures as are nec8 essary to achieve reliable, interoperable real-time text com9 munication that ensures access by people with disabilities 

10 to an Internet protocol-enabled emergency network.’’. 

11 SEC. 107. INTERNET ACCESS SERVICE INTERFACE. 

12 Title VII of the Communications Act of 1934 (47 

13 U.S.C. 601 et seq.) is further amended by adding after 

14 section 718 (as added by section 106) the following: 

15 ‘‘SEC. 719. INTERNET ACCESS SERVICE USER INTERFACE. 

16 ‘‘Every provider of Internet access service and every 

17 manufacturer of Internet access equipment shall, where 

18 achievable, make user interfaces for such service and 

19 equipment accessible to individuals with disabilities, in20 cluding those interfaces used to initiate, monitor, and con21 trol such service.’’. 


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1 TITLE II—VIDEO DESCRIPTIONS 

2 AND CLOSED CAPTIONING 

3 SEC. 201. COMMISSION INQUIRY ON CLOSED CAPTIONING 

4 DECODER AND VIDEO DESCRIPTION CAPA5 BILITY, USER INTERFACES, AND VIDEO PRO6 GRAMMING GUIDES AND MENUS. 

7 (a) INQUIRY REQUIRED.—The Federal Communica8 tions Commission shall conduct an inquiry on the fol9 lowing subjects: 

10 (1) CLOSED-CAPTIONING DECODER AND VIDEO

11 DESCRIPTION CAPABILITY.—With respect to closed 

12 captioning decoder and video description capability, 

13 the Federal Communications Commission shall— 

14 (A) describe— 

15 (i) the formats and software com16 monly used by video programming pro17 viders or owners for exhibition on new 

18 technologies, including those using the 

19 Internet protocol (or successor protocol) 

20 and digital wireless services; and 

21 (ii) the related technical issues associ22 ated with the implementation of closed 

23 captioning and video description by means 

24 of new technologies; 


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1 (B) describe the technical standards, pro2 tocols, and procedures needed for the trans3 mission of closed captioning and video descrip4 tion by means of services using the Internet 

5 protocol (or a successor protocol) and digital 

6 wireless services and equipment; and 

7 (C) describe— 

8 (i) technical standards, protocols, and 

9 procedures needed to enable video pro10 gramming providers and owners to trans11 mit emergency information in a manner 

12 that is accessible to individuals who are 

13 blind or visually impaired; and 

14 (ii) the persons or parties obligated to 

15 create, receive, and transmit such emer16 gency information in accordance with such 

17 standards, protocols, and procedures. 

18 (2) USER INTERFACES.—With respect to user 

19 interfaces, the Federal Communications Commission 

20 shall— 

21 (A) describe the technical standards, proto22 cols, and procedures needed to enable apparatus 

23 designed to receive or display video program24 ming transmitted simultaneously with sound 

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1 play video programming transmitted by means 

2 of services using the Internet protocol (or a suc3 cessor protocol) to be capable of making the ap4 paratus functions, necessary for the receipt, dis5 play, navigation, or selection of video program6 ming (and any other functions shared by, re7 lated to, or necessary to access such apparatus 

8 functions), accessible to and useable by individ9 uals with disabilities; and 

10 (B) describe the technical standards, pro11 tocols, and procedures needed to enable 

12 onscreen text menus and other visual indicators 

13 used to access the functions described in sub14 paragraph (A) to be accompanied by audio out15 put so that such menus or indicators are acces16 sible to and usable by individuals who are blind 

17 or visually impaired. 

18 (3) VIDEO PROGRAMMING GUIDES AND

19 MENUS.—With respect to video programming guides 

20 and menus, the Federal Communications Commis21 sion shall describe the technical standards, protocols, 

22 and procedures needed to enable video programming 

23 information and selection provided by means of a 

24 navigational device, guide, or menu to be accessible 


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1 in real-time by individuals with disabilities who are 

2 unable to read the visual display. 

3 (b) REPORT ON INQUIRY.—Within 18 months after 

4 the date of enactment of this Act, the Federal Commu5 nications Commission shall submit to the Congress a re6 port on the results of such inquiry. 

7 (c) DEFINITIONS.—For the purposes of this section, 

8 the terms ‘‘video description’’ and ‘‘video programming’’ 

9 have the meanings provided by section 713(g) of the Com10 munications Act of 1934 (47 U.S.C. 613(g)). 

11 SEC. 202. COMMISSION INQUIRY ON THE DEFINITION OF 

12 CONSUMER GENERATED MEDIA. 

13 Not later than 120 days after the date of enactment 

14 of this Act, the Federal Communications Commission shall 

15 develop through an inquiry an appropriate definition of 

16 consumer generated media. 

17 SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DE18 SCRIPTION CAPABILITY. 

19 (a) AUTHORITY TO REGULATE.—Section 303(u) of 

20 the Communications Act of 1934 (47 U.S.C. 303(u)) is 

21 amended to read as follows: 

22 ‘‘(u) Require that apparatus designed to receive or 

23 play back video programming (as such term is defined in 

24 section 713(g)) transmitted simultaneously with sound, 

25 when such apparatus is manufactured in the United 


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1 States or imported for use in the United States and uses 

2 a picture screen that is 13 inches or greater in size— 

3 ‘‘(1) be equipped with built-in closed-caption de4 coder circuitry or capability designed to display 

5 closed-captioned video programming; 

6 ‘‘(2) have the capability to make available the 

7 transmission and delivery of video description serv8 ices as required by section 713(f); and 

9 ‘‘(3) have the capability to convey emergency 

10 information (as that term is defined in section 79.2 

11 of the Commission’s regulations (47 C.F.R. 73.2)) in 

12 a manner that is accessible to individuals who are 

13 blind or visually impaired.’’. 

14 (b) OTHER DEVICES.—Section 303 of the Commu15 nications Act of 1934 (47 U.S.C. 303) is further amend16 ed— 

17 (1) by redesignating subsections (v) through (y) 

18 as subsections (y) through (bb), respectively; and 

19 (2) by inserting after subsection (u) the fol20 lowing: 

21 ‘‘(v) Require, after inquiry, that apparatus designed 

22 to receive or play back video programming (as such term 

23 is defined in section 713(g)) transmitted simultaneously 

24 with sound, when such apparatus is manufactured in the 

25 United States or imported for use in the United States 


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1 and uses a picture screen that is less than 13 inches in 

2 size— 

3 ‘‘(1) be equipped with built-in closed-caption de4 coder circuitry or capability designed to display 

5 closed-captioned video programming; 

6 ‘‘(2) have the capability to make available the 

7 transmission and delivery of video description serv8 ices as required by section 713(f); and 

9 ‘‘(3) have the capability to convey emergency 

10 information (as that term is defined in section 79.2 

11 of the Commission’s regulations (47 C.F.R. 79.2)), 

12 in a manner that is accessible to individuals who are 

13 blind or visually impaired. 

14 ‘‘(w) Require, after inquiry, that apparatus manufac15 tured in the United States or imported for use in the 

16 United States that is designed to record video program17 ming (as such term is defined in section 713(g)) trans18 mitted simultaneously with sound, retain and permit the 

19 pass through of closed captions and video description sig20 nals such that viewers will be able to activate and deacti21 vate the closed captions and video description when the 

22 video programming is played back on a picture screen of 

23 any size. Interconnection mechanisms and standards for 

24 digital video source devices must be able to carry program 

25 related accessibility data for people with disabilities from 


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1 the source device to the consumer equipment so that the 

2 consumer is able to display closed captions and make en3 coded video description audible. 

4 ‘‘(x) Exempt from requirements of subsections (u) 

5 and (v) any apparatus or class of apparatus that are dis6 play-only video monitors, with no playback capability and 

7 shall have the authority to waive the requirements of such 

8 subsections for any apparatus or class of apparatus.’’. 

9 (c) SHIPMENT IN COMMERCE.—Section 330(b) of the 

10 Communications Act of 1934 (47 U.S.C. 330(b)) is 

11 amended— 

12 (1) by striking ‘‘section 303(u)’’ and inserting 

13 ‘‘subsections (u), (v), and (w) of section 303’’; 

14 (2) by striking the second sentence and insert15 ing the following: ‘‘Such rules shall provide perform16 ance and display standards for such built-in decoder 

17 circuitry or capability designed to display closed-cap18 tioned video programming, the transmission and de19 livery of video description services and the convey20 ance of emergency information as required by sec21 tion 303 of this Act.’’; and 

22 (3) in the fourth sentence, by inserting ‘‘and 

23 video description service’’ after ‘‘closed-captioning 

24 service.’’ 


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1 (d) IMPLEMENTING REGULATIONS.—The Federal 

2 Communications Commission shall prescribe such regula3 tions as are necessary to implement the requirements of 

4 this section, including any technical standards, protocols, 

5 and procedures needed for the transmission of closed cap6 tioning, video description, and emergency information, 

7 within 18 months after the submission of the report to 

8 Congress required by section 201(b) of this Act. 

9 SEC. 204. VIDEO DESCRIPTION AND CLOSED CAPTIONING. 

10 (a) VIDEO DESCRIPTION.—Section 713 of the Com11 munications Act of 1934 (47 U.S.C. 613) is amended by 

12 striking subsections (f) and (g) and inserting the fol13 lowing: 

14 ‘‘(f) VIDEO DESCRIPTION.— 

15 ‘‘(1) REINSTATEMENT OF THE RULES.—The 

16 video description regulations of the Commission con17 tained in the report and order identified as Imple18 mentation of Video Description of Video Program19 ming, Report and Order (15 F.C.C.R. 15230) (July 

20 21, 2000), when such rules are republished and re21 freshed pursuant to paragraph (2), shall— 

22 ‘‘(A) be considered to be in full force and 

23 effect and ratified by law; and 

24 ‘‘(B) apply to video programming that is 

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1 actment of the Equal Access to 21st Century 

2 Communications Act. 

3 ‘‘(2) CONTINUING AUTHORITY OF THE COMMIS4 SION.—The Commission shall— 

5 ‘‘(A) within 90 days after the date of en6 actment of the Equal Access to 21st Century 

7 Communications Act— 

8 ‘‘(i) publish and refresh its video de9 scription regulations contained in the re10 port and order identified as Implementa11 tion of Video Description of Video Pro12 gramming, Report and Order (15 F.C.C.R. 

13 15230) (July 21, 2000) in a manner that 

14 provides the same or an improved level of 

15 video description service; and 

16 ‘‘(ii) apply the requirements of such 

17 report and order to owners of and pro18 viders of video programming; 

19 ‘‘(B) initiate a proceeding, to be completed 

20 within 18 months after the submission of the 

21 report to Congress required by section 201(b) 

22 of the Equal Access to 21st Century Commu23 nications Act— 

24 ‘‘(i) identify methods to convey emer25 gency information (as that term is defined 


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1 in section 79.2 of the Commission’s regula2 tions (47 C.F.R. 79.2)) in a manner acces3 sible to individuals who are blind or vis4 ually impaired; and 

5 ‘‘(ii) promulgate regulations that re6 quire video programming providers and 

7 video programming distributors (as those 

8 terms are defined in section 79.1 of the 

9 Commission’s regulations (47 C.F.R. 

10 79.1)) and owners of video programming 

11 to convey such emergency information in a 

12 manner accessible to individuals who are 

13 blind or visually impaired, consistent with 

14 the requirements of such section of such 

15 regulations; and 

16 ‘‘(C) promulgate any other regulation that 

17 the Commission may find necessary to imple18 ment, enforce, or otherwise carry out the provi19 sions of this section, including regulations to in20 crease the amount of video description required 

21 to achieve full access to video programming for 

22 individuals who are blind or visually impaired. 

23 ‘‘(3) REQUIREMENTS FOR RULES.— 

24 ‘‘(A) The regulations described in para25 graph (1) and republished and refreshed, or 


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1 otherwise increased or enhanced, pursuant to 

2 subparagraph (A) or (C) of paragraph (2) shall 

3 include an appropriate schedule of deadlines for 

4 the provision of video description of video pro5 gramming. 

6 ‘‘(B) Such regulations may permit a pro7 vider of video programming or program owner 

8 to petition the Commission for an exemption 

9 from the requirements of this section upon a 

10 showing that the requirements contained in this 

11 section are not achievable. A provider shall be 

12 exempt from such requirements only after the 

13 Commission decides to grant any such petition. 

14 ‘‘(C) The Commission may exempt from 

15 the regulations established pursuant to para16 graph (2)(C) services, classes of services, pro17 grams, classes of programs, equipment, or 

18 classes of equipment for which the Commission 

19 has determined that the application of such reg20 ulations would be economically burdensome to 

21 the providers of such services. 

22 ‘‘(g) DEFINITIONS.—For purposes of this section: 

23 ‘‘(1) VIDEO DESCRIPTION.—The term ‘video de24 scription’ means the insertion of audio narrated de25 scriptions of the video programming’s key visual eleVerDate Mar 15 2010 06:59 May 05, 2010 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S3304.IS S3304

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1 ments in natural pauses between the program’s dia2 logue. 

3 ‘‘(2) VIDEO PROGRAMMING.—The term ‘video 

4 programming’ means programming provided by, or 

5 generally considered comparable to programming 

6 provided by, a television broadcast station, even if 

7 such programming is distributed over the Internet or 

8 by some other means.’’. 

9 (b) CLOSED CAPTIONING ON VIDEO PROGRAMMING

10 DISTRIBUTED OVER THE INTERNET.—Section 713 of the 

11 Communication Act of 1934 (47 U.S.C. 613) is further 

12 amended by striking subsection (c) and inserting the fol13 lowing: 

14 ‘‘(c) DEADLINES FOR CAPTIONING.— 

15 ‘‘(1) IN GENERAL.—The regulations prescribed 

16 pursuant to subsection (b) shall include an appro17 priate schedule of deadlines for the provision of 

18 closed captioning of video programming. 

19 ‘‘(2) DEADLINES FOR INTERNET-DISTRIBUTED

20 PROGRAMMING.— 

21 ‘‘(A) Within 18 months after the submis22 sion of the report to Congress required by sec23 tion 201(b) of the Equal Access to 21st Cen24 tury Communications Act, the Commission shall 

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1 priate schedule of deadlines for the provision of 

2 closed captioning of video programming distrib3 uted to the public over the Internet. 

4 ‘‘(B) Consistent with the regulations pro5 mulgated under subsection (b), the regulations 

6 prescribed under this paragraph shall ensure 

7 the accessibility of video programming, except 

8 for consumer generated media (as such term is 

9 to be defined by the Commission), through the 

10 provision of captions on— 

11 ‘‘(i) preproduced video programming 

12 that was previously captioned for television 

13 viewing; 

14 ‘‘(ii) live video programming; and 

15 ‘‘(iii) video programming first pub16 lished or exhibited after the effective date 

17 of such regulations provided by or gen18 erally considered to be comparable to pro19 gramming provided by multichannel pro20 gramming distributors.’’. 

21 (c) CONFORMING AMENDMENT.—Section 713(d) of 

22 the Communications Act of 1934 (47 U.S.C. 613(d)) is 

23 amended by striking paragraph (3) and inserting the fol24 lowing: 


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1 ‘‘(3) a provider of video programming or pro2 gram owner may petition the Commission for an ex3 emption from the requirements of this section and— 

4 ‘‘(A) the Commission may grant such peti5 tion upon showing that the requirements con6 tained in this section would result in an undue 

7 burden; and 

8 ‘‘(B) such exemptions shall be effective 

9 only after the Commission grants such peti10 tion.’’. 

11 SEC. 205. USER INTERFACE REGULATIONS. 

12 (a) AMENDMENT.—Section 303 of the Communica13 tions Act of 1934 (47 U.S.C. 303) is further amended by 

14 adding at the end of the following new subsection: 

15 ‘‘(cc)(1) Require, after inquiry— 

16 ‘‘(A) that apparatus designed to receive or play 

17 back video programming transmitted simultaneously 

18 with sound, including apparatus designed to receive 

19 or display video programming transmitted by means 

20 of services using the Internet protocol (or a suc21 cessor protocol), be designed, developed, or fab22 ricated so that control of all apparatus functions en23 abling the receipt, display, navigation, or selection of 

24 video programming (and any other functions shared 

25 by, related to, or necessary to access such apparatus 


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1 functions), are accessible to and usable by individ2 uals with disabilities; 

3 ‘‘(B) that where on-screen text menus or other 

4 visual indicators are used to access the functions de5 scribed in subparagraph (A), such functions be ac6 companied by audio output that is either integrated 

7 or peripheral to the apparatus, so that such menus 

8 or indicators are accessible to and usable by individ9 uals who are blind or visually impaired in real-time; 

10 and 

11 ‘‘(C) that user controls needed to access closed 

12 captioning and video description, including— 

13 ‘‘(i) a button, key, or icon on the remote 

14 control of such apparatus (where a remote con15 trol is provided with the apparatus) designated 

16 for activating the closed captioning function; 

17 and 

18 ‘‘(ii) the inclusion of ‘closed-captions’ and 

19 ‘video description’ on the first menu that ap20 pears when on-screen menus are displayed on 

21 such apparatus. 

22 ‘‘(2) For purposes of this subsection, the terms ‘video 

23 description’ and ‘video programming’ have the meanings 

24 given such terms in section 713(g).’’. 


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1 (b) IMPLEMENTING REGULATIONS.—Within 18 

2 months after the submission of the report to Congress re3 quired by section 201(b) of this Act, the Federal Commu4 nications Commission shall prescribe such regulations as 

5 are necessary to implement the amendments made by sub6 section (a). 

7 SEC. 206. ACCESS TO VIDEO PROGRAMMING GUIDES AND 

8 MENUS. 

9 (a) AMENDMENT.—Section 303 of the Communica10 tions Act of 1934 (47 U.S.C. 303) is further amended by 

11 adding after subsection (cc), as added by section 205, the 

12 following: 

13 ‘‘(dd) Require each provider or owner of video pro14 gramming (as such term is defined in section 713(g)), 

15 with the exception of consumer generated media (as such 

16 term is to be defined by the Commission) and each multi17 channel programming distributor to ensure that video pro18 gramming information and selection provided by means of 

19 a navigational device, guide, or menu is accessible in real20 time by individuals with disabilities who are unable to read 

21 the visual display.’’. 

22 (b) IMPLEMENTING REGULATIONS.—Within 18 

23 months after the submission of the report to Congress re24 quired by section 201(b), the Federal Communications 

25 Commission shall prescribe such regulations as are necVerDate Mar 15 2010 06:59 May 05, 2010 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S3304.IS S3304

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1 essary to implement the amendments made by subsection 

2 (a). 

Æ 


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