S. 3304 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

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 ‘‘Twenty-First 

Century Communications and Video Accessibility Act of 2010’’. 

(b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Limitation on liability. 

Sec. 3. Proprietary technology. 

TITLE I—COMMUNICATIONS ACCESS 

Sec. 101. Definitions. 

Sec. 102. Hearing aid compatibility. 

Sec. 103. Relay services. 

Sec. 104. Access to advanced communications services and equipment. 

Sec. 105. Universal service. 

Sec. 106. Emergency Access Advisory Committee. 

TITLE II—VIDEO PROGRAMMING 

Sec. 201. Video Programming and Emergency Access Advisory Committee. 

Sec. 202. Video description and closed captioning. 

Sec. 203. Closed captioning decoder and video description capability. 

Sec. 204. User interfaces on digital apparatus. 

Sec. 205. Access to video programming guides and menus provided on navigation 

devices. 

Sec. 206. Definitions. 

SEC. 2. LIMITATION ON LIABILITY. 

(a) IN GENERAL.—Except as provided in subsection (b), no person shall be liable for a violation of the requirements of this Act 

(or of the provisions of the Communications Act of 1934 that are 

amended or added by this Act) with respect to video programming, 

online content, applications, services, advanced communications 

services, or equipment used to provide or access advanced communications services to the extent such person— 

(1) transmits, routes, or stores in intermediate or transient 

storage the communications made available through the provision of advanced communications services by a third party; 

or 

(2) provides an information location tool, such as a directory, index, reference, pointer, menu, guide, user interface, 

or hypertext link, through which an end user obtains access 
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to such video programming, online content, applications, services, advanced communications services, or equipment used 

to provide or access advanced communications services. 

(b) EXCEPTION.—The limitation on liability under subsection 

(a) shall not apply to any person who relies on third party applications, services, software, hardware, or equipment to comply with 

the requirements of this Act (or of the provisions of the Communications Act of 1934 that are amended or added by this Act) with 

respect to video programming, online content, applications, services, 

advanced communications services, or equipment used to provide 

or access advanced communications services. 

SEC. 3. PROPRIETARY TECHNOLOGY. 

No action taken by the Federal Communications Commission 

to implement this Act or any amendment made by this Act shall 

mandate the use or incorporation of proprietary technology. 

TITLE I—COMMUNICATIONS ACCESS 

SEC. 101. DEFINITIONS. 

Section 3 of the Communications Act of 1934 (47 U.S.C. 153) 

is amended— 

(1) by adding at the end the following new paragraphs: 

‘‘(53) ADVANCED COMMUNICATIONS SERVICES.—The term 

‘advanced communications services’ means— 

‘‘(A) interconnected VoIP service; 

‘‘(B) non-interconnected VoIP service; 

‘‘(C) electronic messaging service; and 

‘‘(D) interoperable video conferencing service. 

‘‘(54) CONSUMER GENERATED MEDIA.—The term ‘consumer 

generated media’ means content created and made available 

by consumers to online websites and services on the Internet, 

including video, audio, and multimedia content. 

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

given such term under section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). 

‘‘(56) ELECTRONIC MESSAGING SERVICE.—The term ‘electronic messaging service’ means a service that provides realtime or near real-time non-voice messages in text form between 

individuals over communications networks. 

‘‘(57) INTERCONNECTED VOIP SERVICE.—The term ‘interconnected VoIP service’ has the meaning given such term under 

section 9.3 of title 47, Code of Federal Regulations, as such 

section may be amended from time to time. 

‘‘(58) NON-INTERCONNECTED VOIP SERVICE.—The term ‘noninterconnected VoIP service’— 

‘‘(A) means a service that— 

‘‘(i) enables real-time voice communications that 

originate from or terminate to the user’s location using 

Internet protocol or any successor protocol; and 

‘‘(ii) requires Internet protocol compatible customer 

premises equipment; and 

‘‘(B) does not include any service that is an interconnected VoIP service. 

‘‘(59) INTEROPERABLE VIDEO CONFERENCING SERVICE.—The 

term ‘interoperable video conferencing service’ means a service 
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that provides real-time video communications, including audio, 

to enable users to share information of the user’s choosing.’’; 

and 

(2) by reordering paragraphs (1) through (52) and the paragraphs added by paragraph (1) of this section in alphabetical 

order based on the headings of such paragraphs and renumbering such paragraphs as so reordered. 

SEC. 102. HEARING AID COMPATIBILITY. 

(a) COMPATIBILITY REQUIREMENTS.— 

(1) TELEPHONE SERVICE FOR THE DISABLED.—Section 

710(b)(1) of the Communications Act of 1934 (47 U.S.C. 

610(b)(1)) is amended to read as follows: 

‘‘(b)(1) Except as provided in paragraphs (2) and (3) and subsection (c), the Commission shall require that customer premises 

equipment described in this paragraph provide internal means for 

effective use with hearing aids that are designed to be compatible 

with telephones which meet established technical standards for 

hearing aid compatibility. Customer premises equipment described 

in this paragraph are the following: 

‘‘(A) All essential telephones. 

‘‘(B) All telephones manufactured in the United States 

(other than for export) more than one year after the date 

of enactment of the Hearing Aid Compatibility Act of 1988 

or imported for use in the United States more than one year 

after such date. 

‘‘(C) All customer premises equipment used with advanced 

communications services that is designed to provide 2-way voice 

communication via a built-in speaker intended to be held to 

the ear in a manner functionally equivalent to a telephone, 

subject to the regulations prescribed by the Commission under 

subsection (e).’’. 

(2) ADDITIONAL AMENDMENTS.—Section 710(b) of the 

Communications Act of 1934 (47 U.S.C. 610(b)) is further 

amended— 

(A) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) in the matter preceding clause (i)— 

(aa) by striking ‘‘initial’’; 

(bb) by striking ‘‘of this subsection after 

the date of enactment of the Hearing Aid 

Compatibility Act of 1988’’; and 

(cc) by striking ‘‘paragraph (1)(B) of this 

subsection’’ and inserting ‘‘subparagraphs (B) 

and (C) of paragraph (1)’’; 

(II) by inserting ‘‘and’’ at the end of clause 

(ii); 

(III) by striking clause (iii); and 

(IV) by redesignating clause (iv) as clause (iii); 

(ii) by striking subparagraph (B) and redesignating 

subparagraph (C) as subparagraph (B); and 

(iii) 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 
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equipment described in subparagraph (A) of this 

paragraph.’’; and 

(II) in each of clauses (iii) and (iv), by striking 

‘‘paragraph (1)(B)’’ and inserting ‘‘subparagraph 

(B) or (C) of paragraph (1)’’; 

(B) in paragraph (4)(B)— 

(i) by striking ‘‘public mobile’’ and inserting ‘‘telephones used with public mobile’’; 

(ii) by inserting ‘‘telephones and other customer 

premises equipment used in whole or in part with’’ 

after ‘‘means’’; 

(iii) by striking ‘‘and’’ after ‘‘public land mobile 

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

(iv) by striking ‘‘part 22 of’’; and 

(v) by inserting after ‘‘Regulations’’ the following: 

‘‘, or any functionally equivalent unlicensed wireless 

services’’; and 

(C) in paragraph (4)(C)— 

(i) by striking ‘‘term ‘private radio services’ ’’ and 

inserting ‘‘term ‘telephones used with private radio 

services’ ’’; and 

(ii) 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 relevant technical standards 

developed through a public participation process and in consultation 

with interested consumer stakeholders (designated by the Commission for the purposes of this section) will be considered hearing 

aid compatible for purposes of this section, until such time as 

the Commission may determine otherwise. The Commission shall 

consult with the public, including people with hearing loss, in 

establishing or approving such technical standards. The Commission may delegate this authority to an employee pursuant to section 

5(c). The Commission shall remain the final arbiter as to whether 

the standards meet the requirements of this section.’’. 

(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 (1) due to technical feasibility, or (2) 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 Twenty-First 

Century Communications and Video Accessibility Act of 2010 shall 

be construed to modify the Commission’s regulations set forth in 

section 20.19 of title 47 of the Code of Federal Regulations, as 

in effect on the date of enactment of such Act.’’. 
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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 services that provide the ability for an individual who 

is deaf, hard of hearing, deaf-blind, or who has a speech disability to engage in communication by wire or radio with one 

or more individuals, in a manner that is functionally equivalent 

to the ability of a hearing individual who does not have a 

speech disability to communicate using voice communication 

services by wire or radio.’’. 

(b) INTERNET PROTOCOL-BASED RELAY SERVICES.—Title VII of 

such Act (47 U.S.C. 601 et seq.) is amended by adding at the 

end the following new section: 

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

‘‘Within one year after the date of enactment of the TwentyFirst Century Communications and Video Accessibility Act of 2010, 

each interconnected VoIP service provider and each provider of 

non-interconnected VoIP service shall participate in and contribute 

to the Telecommunications Relay Services Fund established in section 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as 

in effect on the date of enactment of such Act, in a manner prescribed by the Commission by regulation to provide for obligations 

of such providers that are consistent with and comparable to the 

obligations of other contributors to such Fund.’’. 

SEC. 104. ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND 

EQUIPMENT. 

(a) TITLE VII AMENDMENT.—Title VII of the Communications 

Act of 1934 (47 U.S.C. 601 et seq.), as amended by section 103, 

is further amended by adding at the end the following new sections: 

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

EQUIPMENT. 

‘‘(a) MANUFACTURING.— 

‘‘(1) IN GENERAL.—With respect to equipment manufactured 

after the effective date of the regulations established pursuant 

to subsection (e), and subject to those regulations, a manufacturer of equipment used for advanced communications services, 

including end user equipment, network equipment, and software, shall ensure that the equipment and software that such 

manufacturer offers for sale or otherwise distributes in interstate commerce shall be accessible to and usable by individuals 

with disabilities, unless the requirements of this subsection 

are not achievable. 

‘‘(2) INDUSTRY FLEXIBILITY.—A manufacturer of equipment 

may satisfy the requirements of paragraph (1) with respect 

to such equipment by— 

‘‘(A) ensuring that the equipment that such manufacturer offers is accessible to and usable by individuals with 

disabilities without the use of third party applications, 

peripheral devices, software, hardware, or customer premises equipment; or 
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‘‘(B) if such manufacturer chooses, using third party 

applications, peripheral devices, software, hardware, or customer premises equipment that is available to the consumer 

at nominal cost and that individuals with disabilities can 

access. 

‘‘(b) SERVICE PROVIDERS.— 

‘‘(1) IN GENERAL.—With respect to services provided after 

the effective date of the regulations established pursuant to 

subsection (e), and subject to those regulations, a provider 

of advanced communications services shall ensure that such 

services offered by such provider in or affecting interstate commerce are accessible to and usable by individuals with disabilities, unless the requirements of this subsection are not achievable. 

‘‘(2) INDUSTRY FLEXIBILITY.—A provider of services may 

satisfy the requirements of paragraph (1) with respect to such 

services by— 

‘‘(A) ensuring that the services that such provider offers 

are accessible to and usable by individuals with disabilities 

without the use of third party applications, peripheral 

devices, software, hardware, or customer premises equipment; or 

‘‘(B) if such provider chooses, using third party applications, peripheral devices, software, hardware, or customer 

premises equipment that is available to the consumer at 

nominal cost and that individuals with disabilities can 

access. 

‘‘(c) COMPATIBILITY.—Whenever the requirements of subsections 

(a) or (b) are not achievable, a manufacturer or provider shall 

ensure that its equipment or service is compatible with existing 

peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, unless 

the requirement of this subsection is not achievable. 

‘‘(d) NETWORK FEATURES, FUNCTIONS, AND CAPABILITIES.—Each 

provider of advanced communications services has the duty not 

to install network features, functions, or capabilities that do not 

impede accessibility or usability. 

‘‘(e) REGULATIONS.— 

‘‘(1) IN GENERAL.—Within one year after the date of enactment of the Twenty-First Century Communications and Video 

Accessibility Act of 2010, the Commission shall promulgate 

such regulations as are necessary to implement this section. 

In prescribing the regulations, the Commission shall— 

‘‘(A) include performance objectives to ensure the accessibility, usability, and compatibility of advanced communications services and the equipment used for advanced 

communications services by individuals with disabilities; 

‘‘(B) provide that advanced communications services, 

the equipment used for advanced communications services, 

and networks used to provide advanced communications 

services may not impair or impede the accessibility of 

information content when accessibility has been incorporated into that content for transmission through 

advanced communications services, equipment used for 

advanced communications services, or networks used to 

provide advanced communications services; 
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‘‘(C) determine the obligations under this section of 

manufacturers, service providers, and providers of applications or services accessed over service provider networks; 

and 

‘‘(D) not mandate technical standards, except that the 

Commission may adopt technical standards as a safe harbor 

for such compliance if necessary to facilities the manufacturers’ and service providers’ compliance with sections (a) 

through (c). 

‘‘(2) PROSPECTIVE GUIDELINES.—The Commission shall 

issue prospective guidelines for a manufacturer or provider 

regarding the requirements of this section. 

‘‘(f) SERVICES AND EQUIPMENT SUBJECT TO SECTION 255.—The 

requirements of this section shall not apply to any equipment 

or services, including interconnected VoIP service, that are subject 

to the requirements of section 255 on the day before the date 

of enactment of the Twenty-First Century Communications and 

Video Accessibility Act of 2010. Such services and equipment shall 

remain subject to the requirements of section 255. 

‘‘(g) ACHIEVABLE DEFINED.—For purposes of this section and 

section 718, the term ‘achievable’ means with reasonable effort 

or expense, as determined by the Commission. In determining 

whether the requirements of a provision are achievable, the 

Commission shall consider the following factors: 

‘‘(1) The nature and cost of the steps needed to meet the 

requirements of this section with respect to the specific equipment or service in question. 

‘‘(2) The technical and economic impact on the operation 

of the manufacturer or provider and on the operation of the 

specific equipment or service in question, including on the 

development and deployment of new communications technologies. 

‘‘(3) The type of operations of the manufacturer or provider. 

‘‘(4) The extent to which the service provider or manufacturer in question offers accessible services or equipment containing varying degrees of functionality and features, and 

offered at differing price points. 

‘‘(h) COMMISSION FLEXIBILITY.— 

‘‘(1) WAIVER.—The Commission shall have the authority, 

on its own motion or in response to a petition by a manufacturer 

or provider of advanced communications services or any 

interested party, to waive the requirements of this section 

for any feature or function of equipment used to provide or 

access advanced communications services, or for any class of 

such equipment, for any provider of advanced communications 

services, or for any class of such services, that— 

‘‘(A) is capable of accessing an advanced communications service; and 

‘‘(B) is designed for multiple purposes, but is designed 

primarily for purposes other than using advanced communications services. 

‘‘(2) SMALL ENTITY EXEMPTION.—The Commission may 

exempt small entities from the requirements of this section. 

‘‘(i) CUSTOMIZED EQUIPMENT OR SERVICES.—The provisions of 

this section shall not apply to customized equipment or services 

that are not offered directly to the public, or to such classes of 
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users as to be effectively available directly to the public, regardless 

of the facilities used. 

‘‘(j) RULE OF CONSTRUCTION.—This section shall not be construed to require a manufacturer of equipment used for advanced 

communications or a provider of advanced communications services 

to make every feature and function of every device or service accessible for every disability. 

‘‘SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGATIONS. 

‘‘(a) COMPLAINT AND ENFORCEMENT PROCEDURES.—Within one 

year after the date of enactment of the Twenty-First Century 

Communications and Video Accessibility Act of 2010, the Commission shall establish regulations that facilitate the filing of formal 

and informal complaints that allege a violation of section 255, 

716, or 718, establish procedures for enforcement actions by the 

Commission with respect to such violations, and implement the 

recordkeeping obligations of paragraph (5) for manufacturers and 

providers subject to such sections. Such regulations shall include 

the following provisions: 

‘‘(1) NO FEE.—The Commission shall not charge any fee 

to an individual who files a complaint alleging a violation 

of section 255, 716, or 718. 

‘‘(2) RECEIPT OF COMPLAINTS.—The Commission shall establish separate and identifiable electronic, telephonic, and physical receptacles for the receipt of complaints filed under section 

255, 716, or 718. 

‘‘(3) COMPLAINTS TO THE COMMISSION.— ‘‘(A) IN GENERAL.—Any person alleging a violation of 

section 255, 716, or 718 by a manufacturer of equipment 

or provider of service subject to such sections may file 

a formal or informal complaint with the Commission. 

‘‘(B) INVESTIGATION OF INFORMAL COMPLAINT.—The 

Commission shall investigate the allegations in an informal 

complaint and, within 180 days after the date on which 

such complaint was filed with the Commission, issue an 

order concluding the investigation, unless such complaint 

is resolved before such time. The order shall include a 

determination whether any violation occurred. 

‘‘(i) If the Commission determines that a violation 

has occurred, the Commission may, in the order issued 

under this subparagraph or in a subsequent order, 

direct the manufacturer or service provider to bring 

the service, or in the case of a manufacturer, the 

next generation of the equipment or device, into compliance with requirements of those sections within a 

reasonable time established by the Commission in its 

order. 

‘‘(ii) NO VIOLATION.—If a determination is made 

that a violation has not occurred, the Commission shall 

provide the basis for such determination. 

‘‘(C) CONSOLIDATION OF COMPLAINTS.—The Commission 

may consolidate for investigation and resolution complaints 

alleging substantially the same violation. 

‘‘(4) OPPORTUNITY TO RESPOND.—Before the Commission 

makes a determination pursuant to paragraph (3), the party 

that is the subject of the complaint shall have a reasonable 

opportunity to respond to such complaint, and may include 
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in such response any factors that are relevant to such determination. Before issuing a final order under paragraph (3)(B)(i), 

the Commission shall provide such party a reasonable opportunity to comment on any proposed remedial action. 

‘‘(5) RECORDKEEPING.—(A) Beginning one year after the 

effective date of regulations promulgated pursuant to section 

716(e), each manufacturer and provider subject to sections 255, 

716, and 718 shall maintain, in the ordinary course of business 

and for a reasonable period, records of the efforts taken by 

such manufacturer or provider to implement sections 255, 716, 

and 718, including the following: 

‘‘(i) Information about the manufacturer’s or provider’s efforts to consult with individuals with disabilities. 

‘‘(ii) Descriptions of the accessibility features of 

its products and services. 

‘‘(iii) Information about the compatibility of such 

products and services with peripheral devices or 

specialized customer premise equipment commonly 

used by individuals with disabilities to achieve access. 

‘‘(B) An officer of a manufacturer or provider shall submit 

to the Commission an annual certification that records are 

being kept in accordance with subparagraph (A). 

‘‘(C) After the filing of a formal or informal complaint 

against a manufacturer or provider in the manner prescribed 

in paragraph (3), the Commission may request, and shall keep 

confidential, a copy of the records maintained by such manufacturer or provider pursuant to subparagraph (A) of this paragraph that are directly relevant to the equipment or service 

that is the subject of such complaint. 

‘‘(6) FAILURE TO ACT.—If the Commission fails to carry 

out any of its responsibilities to act upon a complaint in the 

manner prescribed in paragraph (3), the person that filed such 

complaint may bring an action in the nature of mandamus 

in the United States Court of Appeals for the District of 

Columbia to compel the Commission to carry out any such 

responsibility. 

‘‘(7) COMMISSION JURISDICTION.—The limitations of section 

255(f) shall apply to any claim that alleges a violation of section 

255, 716, or 718. Nothing in this paragraph affects or limits 

any action for mandamus under paragraph (6) or any appeal 

pursuant to section 402(b)(10). 

‘‘(8) PRIVATE RESOLUTIONS OF COMPLAINTS.—Nothing in the 

Commission’s rules or this Act shall be construed to preclude 

a person who files a complaint and a manufacturer or provider 

from resolving a formal or informal complaint prior to the 

Commission’s final determination in a complaint proceeding. 

In the event of such a resolution, the parties shall jointly 

request dismissal of the complaint and the Commission shall 

grant such request. 

‘‘(b) REPORTS TO CONGRESS.— 

‘‘(1) IN GENERAL.—Every two years after the date of enactment of the Twenty-First Century Communications and Video 

Accessibility Act of 2010, the Commission shall submit to the 

Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Energy and Commerce of the 

House of Representatives a report that includes the following: 
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‘‘(A) An assessment of the level of compliance with 

sections 255, 716, and 718. 

‘‘(B) An evaluation of the extent to which any accessibility barriers still exist with respect to new communications technologies. 

‘‘(C) The number and nature of complaints received 

pursuant to subsection (a) during the two years that are 

the subject of the report. 

‘‘(D) A description of the actions taken to resolve such 

complaints under this section, including forfeiture penalties 

assessed. 

‘‘(E) The length of time that was taken by the Commission to resolve each such complaint. 

‘‘(F) The number, status, nature, and outcome of any 

actions for mandamus filed pursuant to subsection (a)(6) 

and the number, status, nature, and outcome of any appeals 

filed pursuant to section 402(b)(10). 

‘‘(G) An assessment of the effect of the requirements 

of this section on the development and deployment of new 

communications technologies. 

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

seek public comment on its tentative findings prior to submission to the Committees of the report under this subsection. 

‘‘(c) COMPTROLLER GENERAL ENFORCEMENT STUDY.— 

‘‘(1) IN GENERAL.—The Comptroller General shall conduct 

a study to consider and evaluate the following: 

‘‘(A) The Commission’s compliance with the requirements of this section, including the Commission’s level 

of compliance with the deadlines established under and 

pursuant to this section and deadlines for acting on complaints pursuant to subsection (a). 

‘‘(B) Whether the enforcement actions taken by the 

Commission pursuant to this section have been appropriate 

and effective in ensuring compliance with this section. 

‘‘(C) Whether the enforcement provisions under this 

section are adequate to ensure compliance with this section. 

‘‘(D) Whether, and to what extent (if any), the requirements of this section have an effect on the development 

and deployment of new communications technologies. 

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

enactment of the Twenty-First Century Communications and 

Video Accessibility Act of 2010, the Comptroller General shall 

submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results 

of the study required by paragraph (1), with recommendations 

for how the enforcement process and measures under this section may be modified or improved. 

‘‘(d) CLEARINGHOUSE.—Within one year after the date of enactment of the Twenty-First Century Communications and Video 

Accessibility Act of 2010, the Commission shall, in consultation 

with the Architectural and Transportation Barriers Compliance 

Board, the National Telecommunications and Information Administration, trade associations, and organizations representing individuals with disabilities, establish a clearinghouse of information on 

the availability of accessible products and services and accessibility 
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solutions required under sections 255, 716, and 718. Such information shall be made publicly available on the Commission’s website 

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

of products and services with access features. 

‘‘(e) OUTREACH AND EDUCATION.—Upon establishment of the 

clearinghouse of information required under subsection (d), the 

Commission, in coordination with the National Telecommunications 

and Information Administration, shall conduct an informational 

and educational program designed to inform the public about the 

availability of the clearinghouse and the protections and remedies 

available under sections 255, 716, and 718. 

‘‘SEC. 718. INTERNET BROWSERS BUILT INTO TELEPHONES USED WITH 

PUBLIC MOBILE SERVICES. 

‘‘(a) ACCESSIBILITY.—If a manufacturer of a telephone used 

with public mobile services (as such term is defined in section 

710(b)(4)(B)) includes an Internet browser in such telephone, or 

if a provider of mobile service arranges for the inclusion of a 

browser in telephones to sell to customers, the manufacturer or 

provider shall ensure that the functions of the included browser 

(including the ability to launch the browser) are accessible to and 

usable by individuals who are blind or have a visual impairment, 

unless doing so is not achievable, except that this subsection shall 

not impose any requirement on such manufacturer or provider— 

‘‘(1) to make accessible or usable any Internet browser 

other than a browser that such manufacturer or provider 

includes or arranges to include in the telephone; or 

‘‘(2) to make Internet content, applications, or services 

accessible or usable (other than enabling individuals with 

disabilities to use an included browser to access such content, 

applications, or services). 

‘‘(b) INDUSTRY FLEXIBILITY.—A manufacturer or provider may 

satisfy the requirements of subsection (a) with respect to such 

telephone or services by— 

‘‘(1) ensuring that the telephone or services that such 

manufacture or provider offers is accessible to and usable by 

individuals with disabilities without the use of third party 

applications, peripheral devices, software, hardware, or customer premises equipment; or 

‘‘(2) using third party applications, peripheral devices, software, hardware, or customer premises equipment that is available to the consumer at nominal cost and that individuals 

with disabilities can access.’’. 

(b) EFFECTIVE DATE FOR SECTION 718.—Section 718 of the 

Communications Act of 1934, as added by subsection (a), shall 

take effect 3 years after the date of enactment of this Act. 

(c) TITLE V AMENDMENTS.—Section 503(b)(2) of such Act (47 

U.S.C. 503(b)(2)) is amended by adding after subparagraph (E) 

the following: 

‘‘(F) Subject to paragraph (5) of this section, if the violator 

is a manufacturer or service provider subject to the requirements of section 255, 716, or 718, and is determined by the 

Commission to have violated any such requirement, the manufacturer or provider shall be liable to the United States for 

a forfeiture penalty of not more than $100,000 for each violation 

or each day of a continuing violation, except that the amount 
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assessed for any continuing violation shall not exceed a total 

of $1,000,000 for any single act or failure to act.’’. 

(d) REVIEW OF COMMISSION DETERMINATIONS.—Section 402(b) 

of such Act (47 U.S.C. 402(b)) is amended by adding the following 

new paragraph: 

‘‘(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. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS. 

Title VII of the Communications Act of 1934, as amended 

by section 104, is further amended by adding at the end the following: 

‘‘SEC. 719. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS. 

‘‘(a) IN GENERAL.—Within 6 months after the date of enactment 

of the Equal Access to 21st Century Communications Act, the 

Commission shall establish rules that define as eligible for relay 

service support those programs that are approved by the Commission for the distribution of specialized customer premises equipment 

designed to make telecommunications service, Internet access 

service, and advanced communications, including interexchange 

services and advanced telecommunications and information services, 

accessible by individuals who are deaf-blind. 

‘‘(b) INDIVIDUALS WHO ARE DEAF-BLIND DEFINED.—For purposes of this subsection, the term ‘individuals who are deaf-blind’ 

has the same meaning given such term in the Helen Keller National 

Center Act, as amended by the Rehabilitation Act Amendments 

of 1992 (29 U.S.C. 1905(2)). 

‘‘(c) ANNUAL AMOUNT.—The total amount of support the 

Commission may provide from its interstate relay fund for any 

fiscal year may not exceed $10,000,000.’’. 

SEC. 106. EMERGENCY ACCESS ADVISORY COMMITTEE. 

(a) ESTABLISHMENT.—For the purpose of achieving equal access 

to emergency services by individuals with disabilities, as a part 

of the migration to a national Internet protocol-enabled emergency 

network, not later than 60 days after the date of enactment of 

this Act, the Chairman of the Commission shall establish an 

advisory committee, to be known as the Emergency Access Advisory 

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

(b) MEMBERSHIP.—As soon as practicable after the date of enactment of this Act, the Chairman of the Commission shall appoint 

the members of the Advisory Committee, ensuring a balance 

between individuals with disabilities and other stakeholders, and 

shall designate two 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 representatives. 

(2) SUBJECT MATTER EXPERTS.—Individuals who have the 

technical knowledge and expertise to serve on the Advisory 

Committee in the fulfillment of its duties, including representatives of— 
S. 3304—13 

(A) providers of interconnected and non-interconnected 

VoIP services; 

(B) vendors, developers, and manufacturers of systems, 

facilities, equipment, and capabilities for the provision of 

interconnected and non-interconnected VoIP services; 

(C) national organizations representing individuals 

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 such technical knowledge 

and expertise. 

(3) REPRESENTATIVES OF OTHER STAKEHOLDERS AND

INTERESTED PARTIES.—Representatives of such other stakeholders and interested and affected parties as the Chairman 

of the Commission determines appropriate. 

(c) DEVELOPMENT OF RECOMMENDATIONS.—Within 1 year after 

the completion of the member appointment process by the Chairman 

of the Commission pursuant to subsection (b), the Advisory Committee shall conduct a national survey of individuals with disabilities, seeking input from the groups described in subsection (b)(2), 

to determine the most effective and efficient technologies and 

methods by which to enable access to emergency services by individuals with disabilities and shall develop and submit to the Commission recommendations to implement such technologies and methods, 

including recommendations— 

(1) with respect to what actions are necessary as a part 

of the migration to a national Internet protocol-enabled network 

to achieve reliable, interoperable communication transmitted 

over such network that will ensure access to emergency services 

by individuals with disabilities; 

(2) for protocols, technical capabilities, and technical 

requirements to ensure the reliability and interoperability necessary to ensure access to emergency services by individuals 

with disabilities; 

(3) for the establishment of technical standards for use 

by public safety answering points, designated default answering 

points, and local emergency authorities; 

(4) for relevant technical standards and requirements for 

communication devices and equipment and technologies to 

enable the use of reliable emergency access; 

(5) 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; 

(6) for deadlines by which providers of interconnected and 

non-interconnected VoIP services and manufacturers of equipment used for such services shall achieve the actions required 

in paragraphs (1) through (5), where achievable, and for the 

possible phase out of the use of current-generation TTY technology to the extent that this technology is replaced with more 

effective and efficient technologies and methods to enable access 

to emergency services by individuals with disabilities; 

(7) for the establishment of rules to update the Commission’s rules with respect to 9–1–1 services and E–911 services 
S. 3304—14 

(as defined in section 158(e)(4) of the National Telecommunications and Information Administration Organization Act (47 

U.S.C. 942(e)(4))), for users of telecommunications relay services 

as new technologies and methods for providing such relay services are adopted by providers of such relay services; and 

(8) that take into account what is technically and economically feasible. 

(d) MEETINGS.— 

(1) INITIAL MEETING.—The initial meeting of the Advisory 

Committee shall take place not later than 45 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 determined 

to be necessary. 

(3) ADDITIONAL RULES.—The Advisory Committee may 

adopt other rules as needed. 

(f) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory 

Committee Act (5 U.S.C. App.) shall not 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 communication that ensures access by individuals with disabilities to an Internet protocol-enabled emergency network, where achievable and 

technically feasible. 

(h) DEFINITIONS.—In this section— 

(1) the term ‘‘Commission’’ means the Federal Communications Commission; 

(2) the term ‘‘Chairman’’ means the Chairman of the Federal Communications Commission; and 

(3) except as otherwise expressly provided, other terms 

have the meanings given such terms in section 3 of the Communications Act of 1934 (47 U.S.C. 153). 

TITLE II—VIDEO PROGRAMMING 

SEC. 201. VIDEO PROGRAMMING AND EMERGENCY ACCESS ADVISORY 

COMMITTEE. 

(a) ESTABLISHMENT.—Not later than 60 days after the date 

of enactment of this Act, the Chairman shall establish an advisory 
S. 3304—15 

committee to be known as the Video Programming and Emergency 

Access Advisory Committee. 

(b) MEMBERSHIP.—As soon as practicable after the date of enactment of this Act, the Chairman shall appoint individuals who 

have the technical knowledge and engineering expertise to serve 

on the Advisory Committee in the fulfillment of its duties, including 

the following: 

(1) Representatives of distributors and providers of video 

programming or a national organization representing such 

distributors. 

(2) Representatives of vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the 

provision of video programming delivered using Internet protocol or a national organization representing such vendors, 

developers, or manufacturers. 

(3) Representatives of manufacturers of consumer electronics or information technology equipment or a national 

organization representing such manufacturers. 

(4) Representatives of video programming producers or a 

national organization representing such producers. 

(5) Representatives of national organizations representing 

accessibility advocates, including individuals with disabilities 

and the elderly. 

(6) Representatives of the broadcast television industry 

or a national organization representing such industry. 

(7) Other individuals with technical and engineering expertise, as the Chairman determines appropriate. 

(c) COMMISSION OVERSIGHT.—The Chairman shall appoint a 

member of the Commission’s staff to moderate and direct the work 

of the Advisory Committee. 

(d) TECHNICAL STAFF.—The Commission shall appoint a 

member of the Commission’s technical staff to provide technical 

assistance to the Advisory Committee. 

(e) DEVELOPMENT OF RECOMMENDATIONS.— 

(1) CLOSED CAPTIONING REPORT.—Within 6 months after 

the date of the first meeting of the Advisory Committee, the 

Advisory Committee shall develop and submit to the Commission a report that includes the following: 

(A) A recommended schedule of deadlines for the provision of closed captioning service. 

(B) An identification of the performance requirement 

for protocols, technical capabilities, and technical procedures needed to permit content providers, content distributors, Internet service providers, software developers, and 

device manufacturers to reliably encode, transport, receive, 

and render closed captions of video programming, except 

for consumer generated media, delivered using Internet 

protocol. 

(C) An identification of additional protocols, technical 

capabilities, and technical procedures beyond those available as of the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010 

for the delivery of closed captions of video programming, 

except for consumer generated media, delivered using Internet protocol that are necessary to meet the performance 

objectives identified under subparagraph (B). 
S. 3304—16 

(D) A recommendation for technical standards to 

address the performance objectives identified in subparagraph (B). 

(E) A recommendation for any regulations that may 

be necessary to ensure compatibility between video 

programming, except for consumer generated media, delivered using Internet protocol and devices capable of 

receiving and displaying such programming in order to 

facilitate access to closed captions. 

(2) VIDEO DESCRIPTION, EMERGENCY INFORMATION, USER

INTERFACES, AND VIDEO PROGRAMMING GUIDES AND MENUS.— 

Within 18 months after the date of enactment of this Act, 

the Advisory Committee shall develop and submit to the 

Commission a report that includes the following: 

(A) A recommended schedule of deadlines for the provision of video description and emergency information. 

(B) An identification of the performance requirement 

for protocols, technical capabilities, and technical procedures needed to permit content providers, content distributors, Internet service providers, software developers, and 

device manufacturers to reliably encode, transport, receive, 

and render video descriptions of video programming, except 

for consumer generated media, and emergency information 

delivered using Internet protocol or digital broadcast television. 

(C) An identification of additional protocols, technical 

capabilities, and technical procedures beyond those available as of the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010 

for the delivery of video descriptions of video programming, 

except for consumer generated media, and emergency 

information delivered using Internet protocol that are necessary to meet the performance objectives identified under 

subparagraph (B). 

(D) A recommendation for technical standards to 

address the performance objectives identified in subparagraph (B). 

(E) A recommendation for any regulations that may 

be necessary to ensure compatibility between video 

programming, except for consumer generated media, delivered using Internet protocol and devices capable of 

receiving and displaying such programming, except for consumer generated media, in order to facilitate access to 

video descriptions and emergency information. 

(F) With respect to user interfaces, a recommendation 

for the standards, protocols, and procedures used to enable 

the functions of 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 Internet protocol) to be accessible to and usable by individuals 

with disabilities. 

(G) With respect to user interfaces, a recommendation 

for the standards, protocols, and procedures used to enable 

on-screen text menus and other visual indicators used to 

access the functions on an apparatus described in subparagraph (F) to be accompanied by audio output so that such 
S. 3304—17 

menus or indicators are accessible to and usable by individuals with disabilities. 

(H) With respect to video programming guides and 

menus, a recommendation for the standards, protocols, and 

procedures used to enable video programming information 

and selection provided by means of a navigation device, 

guide, or menu to be accessible in real-time by individuals 

who are blind or visually impaired. 

(3) CONSIDERATION OF WORK BY STANDARD-SETTING

ORGANIZATIONS.—The recommendations of the advisory committee shall, insofar as possible, incorporate the standards, 

protocols, and procedures that have been adopted by recognized 

industry standard-setting organizations for each of the purposes 

described in paragraphs (1) and (2). 

(f) MEETINGS.— 

(1) INITIAL MEETING.—The initial meeting of the Advisory 

Committee shall take place not later than 180 days after the 

date of the enactment of this Act. 

(2) OTHER MEETINGS.—After the initial meeting, the 

Advisory Committee shall meet at the call of the Chairman. 

(3) NOTICE; OPEN MEETINGS.—Any meeting held by the 

Advisory Committee shall be noticed at least 14 days before 

such meeting and shall be open to the public. 

(g) PROCEDURAL RULES.— 

(1) QUORUM.—The presence of one-third of the members 

of the Advisory Committee shall constitute a quorum for conducting the business of the Advisory Committee. 

(2) SUBCOMMITTEES.—To assist the Advisory Committee 

in carrying out its functions, the Chairman may establish 

appropriate subcommittees composed of members of the 

Advisory Committee and other subject matter experts. 

(3) ADDITIONAL PROCEDURAL RULES.—The Advisory Committee may adopt other procedural rules as needed. 

(h) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory 

Committee Act (5 U.S.C. App.) shall not apply to the Advisory 

Committee. 

SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING. 

(a) VIDEO DESCRIPTION.—Section 713 of the Communications 

Act of 1934 (47 U.S.C. 613) is amended— 

(1) by striking subsections (f) and (g); 

(2) by redesignating subsection (h) as subsection (j); and 

(3) by inserting after subsection (e) the following: 

‘‘(f) VIDEO DESCRIPTION.— 

‘‘(1) REINSTATEMENT OF REGULATIONS.—On the day that 

is 1 year after the date of enactment of the Twenty-First 

Century Communications and Video Accessibility Act of 2010, 

the Commission shall, after a rulemaking, reinstate its video 

description regulations contained in the Implementation of 

Video Description of Video Programming Report and Order 

(15 F.C.C.R. 15,230 (2000)), recon. granted in part and denied 

in part, (16 F.C.C.R. 1251 (2001)), modified as provided in 

paragraph (2). 

‘‘(2) MODIFICATIONS TO REINSTATED REGULATIONS.—Such 

regulations shall be modified only as follows: 
S. 3304—18 

‘‘(A) The regulations shall apply to video programming, 

as defined in subsection (h), insofar as and programming 

is transmitted for display on television in digital format. 

‘‘(B) The Commission shall update the list of the top 

25 designated market areas, the list of the top 5 national 

nonbroadcast networks that at least 50 hours per quarter 

of prime time programming that is not exempt under this 

paragraph, and the beginning calendar quarter for which 

compliance shall be calculated. 

‘‘(C) The regulations may permit a provider of video 

programming or a program owner to petition the Commission for an exemption from the requirements of this section 

upon a showing that the requirements contained in this 

section be economically burdensome. 

‘‘(D) The Commission may exempt from the regulations 

established pursuant to paragraph (1) a service, class of 

services, program, class of programs, equipment, or class 

of equipment for which the Commission has determined 

that the application of such regulations would be economically burdensome for the provider of such service, program, 

or equipment. 

‘‘(E) The regulations shall not apply to live or nearlive programming. 

‘‘(F) The regulations shall provide for an appropriate 

phased schedule of deadlines for compliance. 

‘‘(G) The Commission shall consider extending the 

exemptions and limitations in the reinstated regulations 

for technical capability reasons to all providers and owners 

of video programming. 

‘‘(3) INQUIRIES ON FURTHER VIDEO DESCRIPTION REQUIRE- MENTS.—The Commission shall commence the following 

inquiries not later than 1 year after the completion of the 

phase-in of the reinstated regulations and shall report to Congress 1 year thereafter on the findings for each of the following: 

‘‘(A) VIDEO DESCRIPTION IN TELEVISION PROGRAMMING.—The availability, use, and benefits of video description on video programming distributed on television, the 

technical and creative issues associated with providing such 

video description, and the financial costs of providing such 

video description for providers of video programming and 

program owners. 

‘‘(B) VIDEO DESCRIPTION IN VIDEO PROGRAMMING

DISTRIBUTED ON THE INTERNET.—The technical and operational issues, costs, and benefits of providing video descriptions for video programming that is delivered using Internet protocol. 

‘‘(4) CONTINUING COMMISSION AUTHORITY.— 

‘‘(A) IN GENERAL.—The Commission may not issue additional regulations unless the Commission determines, at 

least 2 years after completing the reports required in paragraph (3), that the need for and benefits of providing video 

description for video programming, insofar as such 

programming is transmitted for display on television, are 

greater than the technical and economic costs of providing 

such additional programming. 

‘‘(B) LIMITATION.—If the Commission makes the determination under subparagraph (A) and issues additional 
S. 3304—19 

regulations, the Commission may not increase, in total, 

the hour requirement for additional described programming 

by more than 75 percent of the requirement in the regulations reinstated under paragraph (1). 

‘‘(C) APPLICATION TO DESIGNATED MARKET AREAS.— 

‘‘(i) IN GENERAL.—After the Commission completes 

the reports on video description required in paragraph 

(3), the Commission shall phase in the video description regulations for the top 60 designated market areas, 

except that the Commission may grant waivers to entities in specific designated market areas where it deems 

appropriate. 

‘‘(ii) PHASE-IN DEADLINE.—The phase-in described 

in clause (i) shall be completed not later than 6 years 

after the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 

2010. 

‘‘(iii) REPORT.—Nine years after the date of enactment of the Twenty-First Century Communications 

and Video Accessibility Act of 2010, the Commission 

shall submit to the Committee on Energy of the House 

of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report 

assessing— 

‘‘(I) the types of described video programming 

that is available to consumers; 

‘‘(II) consumer use of such programming; 

‘‘(III) the costs to program owners, providers, 

and distributors of creating such programming; 

‘‘(IV) the potential costs to program owners, 

providers, and distributors in designated market 

areas outside of the top 60 of creating such 

programming; 

‘‘(V) the benefits to consumers of such 

programming; 

‘‘(VI) the amount of such programming currently available; and 

‘‘(VII) the need for additional described 

programming in designated market areas outside 

the top 60. 

‘‘(iv) ADDITIONAL MARKET AREAS.—Ten years after 

the date of enactment of the Twenty-First Century 

Communications and Video Accessibility Act of 2010, 

the Commission shall have the authority, based upon 

the findings, conclusions, and recommendations contained in the report under clause (iii), to phase in 

the video description regulations for up to an additional 

10 designated market areas each year— 

‘‘(I) if the costs of implementing the video 

description regulations to program owners, providers, and distributors in those additional markets are reasonable, as determined by the Commission; and 

‘‘(II) except that the Commission may grant 

waivers to entities in specific designated market 

areas where it deems appropriate. 
S. 3304—20 

‘‘(g) EMERGENCY INFORMATION.—Not later than 1 year after 

the Advisory Committee report under subsection (e)(2) is submitted 

to the Commission, the Commission shall complete a proceeding 

to— 

‘‘(1) identify methods to convey emergency information (as 

that term is defined in section 79.2 of title 47, Code of Federal 

Regulations) in a manner accessible to individuals who are 

blind or visually impaired; and 

‘‘(2) promulgate regulations that require video programming providers and video programming distributors (as those 

terms are defined in section 79.1 of title 47, Code of Federal 

Regulations) and program owners to convey such emergency 

information in a manner accessible to individuals who are 

blind or visually impaired. 

‘‘(h) DEFINITIONS.—For purposes of this section, section 303, 

and section 330: 

‘‘(1) VIDEO DESCRIPTION.—The term ‘video description’ 

means the insertion of audio narrated descriptions of a television program’s key visual elements into natural pauses 

between the program’s dialogue. 

‘‘(2) VIDEO PROGRAMMING.—The term ‘video programming’ 

means programming by, or generally considered comparable 

to programming provided by a television broadcast station, 

but not including consumer-generated media (as defined in 

section 3). 

(b) CLOSED CAPTIONING ON VIDEO PROGRAMMING DELIVERED

USING INTERNET PROTOCOL.—Section 713 of such Act 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 

once published or exhibited on television. 

‘‘(2) DEADLINES FOR PROGRAMMING DELIVERED USING INTERNET PROTOCOL.— 

‘‘(A) REGULATIONS ON CLOSED CAPTIONING ON VIDEO

PROGRAMMING DELIVERED USING INTERNET PROTOCOL.—Not 

later than 6 months after the submission of the report 

to the Commission required by subsection (e)(1) of the 

Twenty-First Century Communications and Video Accessibility Act of 2010, the Commission shall revise its regulations to require the provision of closed captioning on video 

programming delivered using Internet protocol that was 

published or exhibited on television with captions after 

the effective date of such regulations. 

‘‘(B) SCHEDULE.—The regulations prescribed under this 

paragraph shall include an appropriate schedule of deadlines for the provision of closed captioning, taking into 

account whether such programming is prerecorded and 

edited for Internet distribution, or whether such programming is live or near-live and not edited for Internet distribution. 

‘‘(C) COST.—The Commission may delay or waive the 

regulation promulgated under subparagraph (A) to the 

extent the Commission finds that the application of the 

regulation to live video programming delivered using Internet protocol with captions after the effective date of such 
S. 3304—21 

regulations would be economically burdensome to providers 

of video programming or program owners. 

‘‘(D) REQUIREMENTS FOR REGULATIONS.—The regulations prescribed under this paragraph— 

‘‘(i) shall contain a definition of ‘near-live programming’ and ‘edited for Internet distribution’; 

‘‘(ii) may exempt any service, class of service, program, class of program, equipment, or class of equipment for which the Commission has determined that 

the application of such regulations would be economically burdensome for the provider of such service, program, or equipment; 

‘‘(iii) shall clarify that, for the purposes of 

implementation, of this subsection, the terms ‘video 

programming distribution’ and ‘video programming 

providers’ include an entity that makes available 

directly to the end user video programming through 

a distribution method that uses Internet protocol; 

‘‘(iv) and describe the responsibilities of video 

programming providers or distributors and video 

programming owners; 

‘‘(v) shall establish a mechanism to make available 

to video progamming providers and distributors 

information on video programming subject to the Act 

on an ongoing basis; 

‘‘(vi) shall consider that the video programming 

provider or distributor shall be deemed in compliance 

if such entity enables the rendering or pass through 

of closed captions and video description signals and 

make a good faith effort to identify video programming 

subject to the Act using the mechanism created in 

(v); and 

‘‘(vii) shall provide that de minimis failure to 

comply with such regulations by a video programming 

provider or owner shall not be treated as a violation 

of the regulations. 

‘‘(3) ALTERNATE MEANS OF COMPLIANCE.—An entity may 

meet the requirements of this section through alternate means 

than those prescribed by regulations pursuant to subsection 

(b), as revised pursuant to paragraph (2)(A) of this subsection, 

if the requirements of this section are met, as determined 

by the Commission.’’. 

(c) CONFORMING AMENDMENT.—Section 713(d) of such Act 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 the Commission may grant 

such petition upon a showing that the requirements contained 

in this section would be economically burdensome. During the 

pendency of such a petition, such provider or owner shall be 

exempt from the requirements of this section. The Commission 

shall act to grant or deny any such petition, in whole or in 

part, within 6 months after the Commission receives such petition, unless the Commission finds that an extension of the 

6-month period is necessary to determine whether such requirements are economically burdensome.’’. 
S. 3304—22 

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, if technically feasible— 

‘‘(1) apparatus designed to receive or play back video 

programming transmitted simultaneously with sound, if 

such apparatus is manufactured in the United States or 

imported for use in the United States and uses a picture 

screen of any size— 

‘‘(A) be equipped with built-in closed caption 

decoder circuitry or capability designed to display 

closed-captioned video programming; 

‘‘(B) have the capability to decode and make available the transmission and delivery of video description 

services as required by regulations reinstated and 

modified pursuant to section 713(f); and 

‘‘(C) have the capability to decode and make available emergency information (as that term is defined 

in section 79.2 of the Commission’s regulations (47 

CFR 79.2)) in a manner that is accessible to individuals 

who are blind or visually impaired; and 

‘‘(2) notwithstanding paragraph (1) of this subsection— 

‘‘(A) apparatus described in such paragraph that 

use a picture screen that is less than 13 inches in 

size meet the requirements of subparagraph (A), (B), 

or (C) of such paragraph only if the requirements of 

such subparagraphs are achievable (as defined in section 716); 

‘‘(B) any apparatus or class of apparatus that are 

display-only video monitors with no playback capability 

are exempt from the requirements of such paragraph; 

and 

‘‘(C) the Commission shall have the authority, on 

its own motion or in response to a petition by a manufacturer, to waive the requirements of this subsection 

for any apparatus or class of apparatus— 

‘‘(i) primarily designed for activities other than 

receiving or playing back video programming 

transmitted simultaneously with sound; or 

‘‘(ii) for equipment designed for multiple purposes, capable of receiving or playing video 

programming transmitted simultaneously with 

sound but whose essential utility is derived from 

other purposes.’’. 

(b) OTHER DEVICES.—Section 303 of the Communications Act 

of 1934 (47 U.S.C. 303) is further amended by adding at the end 

the following new subsection: 

‘‘(z) Require that— 

‘‘(1) if achievable (as defined in section 716), apparatus 

designed to record video programming transmitted simultaneously with sound, if such apparatus is manufactured 

in the United States or imported for use in the United 

States, enable the rendering or the pass through of closed 

captions, video description signals, and emergency information (as that term is defined in section 79.2 of title 47, 
S. 3304—23 

Code of Federal Regulations) such that viewers are able 

to activate and de-activate the closed captions and video 

description as the video programming is played back on 

a picture screen of any size; and 

‘‘(2) interconnection mechanisms and standards for digital video source devices are available to carry from the 

source device to the consumer equipment the information 

necessary to permit or render the display of closed captions 

and to make encoded video description and emergency 

information audible.’’. 

(c) SHIPMENT IN COMMERCE.—Section 330(b) of the Communications Act of 1934 (47 U.S.C. 330(b)) is amended— 

(1) by striking ‘‘303(u)’’ in the first sentence and inserting 

‘‘303(u) and (z)’’; 

(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 striking ‘‘closed-captioning 

service continues’’ and inserting ‘‘closed-captioning service and 

video description service continue’’. 

(d) IMPLEMENTING REGULATIONS.—The Federal Communications Commission shall prescribe such regulations as are necessary 

to implement the requirements of sections 303(u), 303(z), and 330(b) 

of the Communications Act of 1934, as amended by this section, 

including any technical standards, protocols, and procedures needed 

for the transmission of— 

(1) closed captioning within 6 months after the submission 

to the Commission of the Advisory Committee report required 

by section 201(e)(1); and 

(2) video description and emergency information within 

18 months after the submission to the Commission of the 

Advisory Committee report required by section 201(e)(2). 

(e) ALTERNATE MEANS OF COMPLIANCE.—An entity may meet 

the requirements of sections 303(u), 303(z), and 330(b) of the 

Communications Act of 1934 through alternate means than those 

prescribed by regulations pursuant to subsection (d) if the requirements of those sections are met, as determined by the Commission. 

SEC. 204. USER INTERFACES ON DIGITAL APPARATUS. 

(a) AMENDMENT.—Section 303 of the Communications Act of 

1934 (47 U.S.C. 303) is further amended by adding after subsection 

(z), as added by section 203 of this Act, the following new subsection: 

‘‘(aa) Require— 

‘‘(1) if achievable (as defined in section 716) that digital 

apparatus designed to receive or play back video programming transmitted in digital format simultaneously with 

sound, including apparatus designed to receive or display 

video programming transmitted in digital format using 

Internet protocol, be designed, developed, and fabricated 

so that control of appropriate built-in apparatus functions 

are accessible to and usable by individuals who are blind 

or visually impaired, except that the Commission may not 
S. 3304—24 

specify the technical standards, protocols, procedures, and 

other technical requirements for meeting this requirement; 

‘‘(2) that if on-screen text menus or other visual indicators built in to the digital apparatus are used to access 

the functions of the apparatus described in paragraph (1), 

such functions shall be accompanied by audio output that 

is either integrated or peripheral to the apparatus, so that 

such menus or indicators are accessible to and usable by 

individuals who are blind or visually impaired in realtime; 

‘‘(3) that for such apparatus equipped with the functions described in paragraphs (1) and (2) built in access 

to those closed captioning and video description features 

through a mechanism that is reasonably comparable to 

a button, key, or icon designated by activating the closed 

captioning or accessibility features; and 

‘‘(4) that in applying this subsection the term ‘apparatus’ does not include a navigation device, as such term 

is defined in section 76.1200 of the Commission’s rules 

(47 CFR 76.1200).’’. 

(b) IMPLEMENTING REGULATIONS.—Within 18 months after the 

submission to the Commission of the Advisory Committee report 

required by section 201(e)(2), the Commission shall prescribe such 

regulations as are necessary to implement the amendments made 

by subsection (a). 

(c) ALTERNATE MEANS OF COMPLIANCE.—An entity may meet 

the requirements of section 303(aa) of the Communications Act 

of 1934 through alternate means than those prescribed by regulations pursuant to subsection (b) if the requirements of those sections 

are met, as determined by the Commission. 

(d) DEFERRAL OF COMPLIANCE WITH ATSC MOBILE DTV 

STANDARD A/153.—A digital apparatus designed and manufactured 

to receive or play back the Advanced Television Systems Committee’s Mobile DTV Standards A/153 shall not be required to meet 

the requirements of the regulations prescribed under subsection 

(b) for a period of not less than 24 months after the date on 

which the final regulations are published in the Federal Register. 

SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS PROVIDED ON NAVIGATION DEVICES. 

(a) AMENDMENT.—Section 303 of the Communications Act of 

1934 (47 U.S.C. 303) is further amended by adding after subsection 

(aa), as added by section 204 of this Act, the following new subsection: 

‘‘(bb) Require— 

‘‘(1) if achievable (as defined in section 716), that the onscreen text menus and guides provided by navigation devices 

(as such term is defined in section 76.1200 of title 47, Code 

of Federal Regulations) for the display or selection of multichannel video programming are audibly accessible in real-time 

upon request by individuals who are blind or visually impaired, 

except that the Commission may not specify the technical standards, protocols, procedures, and other technical requirements 

for meeting this requirement; and 

‘‘(2) for navigation devices with built-in closed captioning 

capability, that access to that capability through a mechanism 
S. 3304—25 

is reasonably comparable to a button, key, or icon designated 

for activating the closed captioning, or accessibility features. 

With respect to apparatus features and functions delivered in software, the requirements set forth in this subsection shall apply 

to the manufacturer of such software. With respect to apparatus 

features and functions delivered in hardware, the requirements 

set forth in this subsection shall apply to the manufacturer of 

such hardware.’’. 

(b) IMPLEMENTING REGULATIONS.— 

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

to the Commission of the Advisory Committee report required 

by section 201(e)(2), the Commission shall prescribe such regulations as are necessary to implement the amendment made 

by subsection (a). 

(2) EXEMPTION.—Such regulations may provide an exemption from the regulations for cable systems serving 20,000 

or fewer subscribers. 

(3) RESPONSIBILITY.—An entity shall only be responsible 

for compliance with the requirements added by this section 

with respect to navigation devices that it provides to a 

requesting blind or visually impaired individual. 

(4) SEPARATE EQUIPMENT OR SOFTWARE.— 

(A) IN GENERAL.—Such regulations shall permit but 

not require the entity providing the navigation device to 

the requesting blind or visually impaired individual to 

comply with section 303(bb)(1) of the Communications Act 

of 1934 through that entity’s use of software, a peripheral 

device, specialized consumer premises equipment, a network-based service or other solution, and shall provide 

the maximum flexibility to select the manner of compliance. 

(B) REQUIREMENTS.—If an entity complies with section 

303(bb)(1) of the Communications Act of 1934 under 

subparagraph (A), the entity providing the navigation 

device to the requesting blind or visually impaired individual shall provide any such software, peripheral device, 

equipment, service, or solution at no additional charge 

and within a reasonable time to such individual and shall 

ensure that such software, device, equipment, service, or 

solution provides the access required by such regulations. 

(5) USER CONTROLS FOR CLOSED CAPTIONING.—Such regulations shall permit the entity providing the navigation device 

maximum flexibility in the selection of means for compliance 

with section 303(bb)(2) of the Communications Act of 1934 

(as added by subsection (a) of this section). 

(6) PHASE-IN.— (A) IN GENERAL.—The Commission shall provide 

affected entities with— 

(i) not less than 2 years after the adoption of 

such regulations to begin placing in service devices 

that comply with the requirements of section 303(bb)(2) 

of the Communications Act of 1934 (as added by subsection (a) of this section); and 

(ii) not less than 3 years after the adoption of 

such regulations to begin placing in service devices 

that comply with the requirements of section 303(bb)(1) 

of the Communications Act of 1934 (as added by subsection (a) of this section). 
S. 3304—26 

(B) APPLICATION.—Such regulations shall apply only 

to devices manufactured or imported on or after the respective effective dates established in subparagraph (A). 

SEC. 206. DEFINITIONS. 

In this title: 

(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 

means the advisory committee established in section 201. 

(2) CHAIRMAN.—The term ‘‘Chairman’’ means the Chairman 

of the Federal Communications Commission. 

(3) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission. 

(4) EMERGENCY INFORMATION.—The term ‘‘emergency 

information’’ has the meaning given such term in section 79.2 

of title 47, Code of Federal Regulations. 

(5) INTERNET PROTOCOL.—The term ‘‘Internet protocol’’ 

includes Transmission Control Protocol and a successor protocol 

or technology to Internet protocol. 

(6) NAVIGATION DEVICE.—The term ‘‘navigation device’’ has 

the meaning given such term in section 76.1200 of title 47, 

Code of Federal Regulations. 

(7) VIDEO DESCRIPTION.—The term ‘‘video description’’ has 

the meaning given such term in section 713 of the Communications Act of 1934 (47 U.S.C. 613). 

(8) VIDEO PROGRAMMING.—The term ‘‘video programming’’ 

has the meaning given such term in section 713 of the Communications Act of 1934 (47 U.S.C. 613). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.