111TH CONGRESS 

2D SESSION S. 3304 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Twenty-First Century Communications and Video Acces4 sibility Act of 2010’’. 

5 (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. 

6 SEC. 2. LIMITATION ON LIABILITY. 

7 (a) IN GENERAL.—Except as provided in subsection 

8 (b), no person shall be liable for a violation of the require9 ments of this Act (or of the provisions of the Communica10 tions Act of 1934 that are amended or added by this Act) 

11 with respect to video programming, online content, appli12 cations, services, advanced communications services, or 

13 equipment used to provide or access advanced communica14 tions services to the extent such person— 

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

16 or transient storage the communications made avail-
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1 able through the provision of advanced communica2 tions services by a third party; or 

3 (2) provides an information location tool, such 

4 as a directory, index, reference, pointer, menu, 

5 guide, user interface, or hypertext link, through 

6 which an end user obtains access to such video pro7 gramming, online content, applications, services, ad8 vanced communications services, or equipment used 

9 to provide or access advanced communications serv10 ices. 

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

12 subsection (a) shall not apply to any person who relies 

13 on third party applications, services, software, hardware, 

14 or equipment to comply with the requirements of this Act 

15 (or of the provisions of the Communications Act of 1934 

16 that are amended or added by this Act) with respect to 

17 video programming, online content, applications, services, 

18 advanced communications services, or equipment used to 

19 provide or access advanced communications services. 

20 SEC. 3. PROPRIETARY TECHNOLOGY. 

21 No action taken by the Federal Communications 

22 Commission to implement this Act or any amendment 

23 made by this Act shall mandate the use or incorporation 

24 of proprietary technology. 
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1 TITLE I—COMMUNICATIONS 

2 ACCESS 

3 SEC. 101. DEFINITIONS. 

4 Section 3 of the Communications Act of 1934 (47 

5 U.S.C. 153) is amended— 

6 (1) by adding at the end the following new 

7 paragraphs: 

8 ‘‘(53) ADVANCED COMMUNICATIONS SERV9 ICES.—The term ‘advanced communications services’ 

10 means— 

11 ‘‘(A) interconnected VoIP service; 

12 ‘‘(B) non-interconnected VoIP service; 

13 ‘‘(C) electronic messaging service; and 

14 ‘‘(D) interoperable video conferencing serv15 ice. 

16 ‘‘(54) CONSUMER GENERATED MEDIA.—The 

17 term ‘consumer generated media’ means content cre18 ated and made available by consumers to online 

19 websites and services on the Internet, including 

20 video, audio, and multimedia content. 

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

22 the meaning given such term under section 3 of the 

23 Americans with Disabilities Act of 1990 (42 U.S.C. 

24 12102). 
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1 ‘‘(56) ELECTRONIC MESSAGING SERVICE.—The 

2 term ‘electronic messaging service’ means a service 

3 that provides real-time or near real-time non-voice 

4 messages in text form between individuals over com5 munications networks. 

6 ‘‘(57) INTERCONNECTED VOIP SERVICE.—The 

7 term ‘interconnected VoIP service’ has the meaning 

8 given such term under section 9.3 of title 47, Code 

9 of Federal Regulations, as such section may be 

10 amended from time to time. 

11 ‘‘(58) NON-INTERCONNECTED VOIP SERVICE.— 

12 The term ‘non-interconnected VoIP service’— 

13 ‘‘(A) means a service that— 

14 ‘‘(i) enables real-time voice commu15 nications that originate from or terminate 

16 to the user’s location using Internet pro17 tocol or any successor protocol; and 

18 ‘‘(ii) requires Internet protocol com19 patible customer premises equipment; and 

20 ‘‘(B) does not include any service that is 

21 an interconnected VoIP service. 

22 ‘‘(59) INTEROPERABLE VIDEO CONFERENCING

23 SERVICE.—The term ‘interoperable video confer24 encing service’ means a service that provides real25 time video communications, including audio, to en-
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1 able users to share information of the user’s choos2 ing.’’; and 

3 (2) by reordering paragraphs (1) through (52) 

4 and the paragraphs added by paragraph (1) of this 

5 section in alphabetical order based on the headings 

6 of such paragraphs and renumbering such para7 graphs as so reordered. 

8 SEC. 102. HEARING AID COMPATIBILITY. 

9 (a) COMPATIBILITY REQUIREMENTS.— 

10 (1) TELEPHONE SERVICE FOR THE DIS11 ABLED.—Section 710(b)(1) of the Communications 

12 Act of 1934 (47 U.S.C. 610(b)(1)) is amended to 

13 read as follows: 

14 ‘‘(b)(1) Except as provided in paragraphs (2) and (3) 

15 and subsection (c), the Commission shall require that cus16 tomer premises equipment described in this paragraph 

17 provide internal means for effective use with hearing aids 

18 that are designed to be compatible with telephones which 

19 meet established technical standards for hearing aid com20 patibility. Customer premises equipment described in this 

21 paragraph are the following: 

22 ‘‘(A) All essential telephones. 

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

24 States (other than for export) more than one year 

25 after the date of enactment of the Hearing Aid 
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1 Compatibility Act of 1988 or imported for use in the 

2 United States more than one year after such date. 

3 ‘‘(C) All customer premises equipment used 

4 with advanced communications services that is de5 signed to provide 2-way voice communication via a 

6 built-in speaker intended to be held to the ear in a 

7 manner functionally equivalent to a telephone, sub8 ject to the regulations prescribed by the Commission 

9 under subsection (e).’’. 

10 (2) ADDITIONAL AMENDMENTS.—Section 

11 710(b) of the Communications Act of 1934 (47 

12 U.S.C. 610(b)) is further amended— 

13 (A) in paragraph (2)— 

14 (i) in subparagraph (A)— 

15 (I) in the matter preceding clause 

16 (i)— 

17 (aa) by striking ‘‘initial’’; 

18 (bb) by striking ‘‘of this 

19 subsection after the date of en20 actment of the Hearing Aid Com21 patibility Act of 1988’’; and 

22 (cc) by striking ‘‘paragraph 

23 (1)(B) of this subsection’’ and in24 serting ‘‘subparagraphs (B) and 

25 (C) of paragraph (1)’’; 
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1 (II) by inserting ‘‘and’’ at the 

2 end of clause (ii); 

3 (III) by striking clause (iii); and 

4 (IV) by redesignating clause (iv) 

5 as clause (iii); 

6 (ii) by striking subparagraph (B) and 

7 redesignating subparagraph (C) as sub8 paragraph (B); and 

9 (iii) in subparagraph (B) (as so redes10 ignated)— 

11 (I) by striking the first sentence 

12 and inserting ‘‘The Commission shall 

13 periodically assess the appropriateness 

14 of continuing in effect the exemptions 

15 for telephones and other customer 

16 premises equipment described in sub17 paragraph (A) of this paragraph.’’; 

18 and 

19 (II) in each of clauses (iii) and 

20 (iv), by striking ‘‘paragraph (1)(B)’’ 

21 and inserting ‘‘subparagraph (B) or 

22 (C) of paragraph (1)’’; 

23 (B) in paragraph (4)(B)— 
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1 (i) by striking ‘‘public mobile’’ and in2 serting ‘‘telephones used with public mo3 bile’’; 

4 (ii) by inserting ‘‘telephones and other 

5 customer premises equipment used in 

6 whole or in part with’’ after ‘‘means’’; 

7 (iii) by striking ‘‘and’’ after ‘‘public 

8 land mobile telephone service,’’ and insert9 ing ‘‘or’’; 

10 (iv) by striking ‘‘part 22 of’’; and 

11 (v) by inserting after ‘‘Regulations’’ 

12 the following: ‘‘, or any functionally equiva13 lent unlicensed wireless services’’; and 

14 (C) in paragraph (4)(C)— 

15 (i) by striking ‘‘term ‘private radio 

16 services’ ’’ and inserting ‘‘term ‘telephones 

17 used with private radio services’ ’’; and 

18 (ii) by inserting ‘‘telephones and other 

19 customer premises equipment used in 

20 whole or in part with’’ after ‘‘means’’. 

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

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

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

24 or other customer premises equipment that is compliant 

25 with relevant technical standards developed through a 
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1 public participation process and in consultation with inter2 ested consumer stakeholders (designated by the Commis3 sion for the purposes of this section) will be considered 

4 hearing aid compatible for purposes of this section, until 

5 such time as the Commission may determine otherwise. 

6 The Commission shall consult with the public, including 

7 people with hearing loss, in establishing or approving such 

8 technical standards. The Commission may delegate this 

9 authority to an employee pursuant to section 5(c). The 

10 Commission shall remain the final arbiter as to whether 

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

12 (c) RULEMAKING.—Section 710(e) of the Commu13 nications Act of 1934 (47 U.S.C. 610(e)) is amended— 

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

15 ‘‘loss’’; and 

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

17 ‘‘In implementing the provisions of subsection 

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

19 timetables or benchmarks to the extent necessary (1) 

20 due to technical feasibility, or (2) to ensure the mar21 ketability or availability of new technologies to 

22 users.’’. 

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

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

25 amended to read as follows: 
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1 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in the 

2 Twenty-First Century Communications and Video Accessi3 bility Act of 2010 shall be construed to modify the Com4 mission’s regulations set forth in section 20.19 of title 47 

5 of the Code of Federal Regulations, as in effect on the 

6 date of enactment of such Act.’’. 

7 SEC. 103. RELAY SERVICES. 

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

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

10 is amended to read as follows: 

11 ‘‘(3) TELECOMMUNICATIONS RELAY SERV12 ICES.—The term ‘telecommunications relay services’ 

13 means telephone transmission services that provide 

14 the ability for an individual who is deaf, hard of 

15 hearing, deaf-blind, or who has a speech disability to 

16 engage in communication by wire or radio with one 

17 or more individuals, in a manner that is functionally 

18 equivalent to the ability of a hearing individual who 

19 does not have a speech disability to communicate 

20 using voice communication services by wire or 

21 radio.’’. 

22 (b) INTERNET PROTOCOL-BASED RELAY SERV23 ICES.—Title VII of such Act (47 U.S.C. 601 et seq.) is 

24 amended by adding at the end the following new section: 
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1 ‘‘SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES. 

2 ‘‘Within one year after the date of enactment of the 

3 Twenty-First Century Communications and Video Accessi4 bility Act of 2010, each interconnected VoIP service pro5 vider and each provider of non-interconnected VoIP serv6 ice shall participate in and contribute to the Telecommuni7 cations Relay Services Fund established in section 

8 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, 

9 as in effect on the date of enactment of such Act, in a 

10 manner prescribed by the Commission by regulation to 

11 provide for obligations of such providers that are con12 sistent with and comparable to the obligations of other 

13 contributors to such Fund.’’. 

14 SEC. 104. ACCESS TO ADVANCED COMMUNICATIONS SERV15 ICES AND EQUIPMENT. 

16 (a) TITLE VII AMENDMENT.—Title VII of the Com17 munications Act of 1934 (47 U.S.C. 601 et seq.), as 

18 amended by section 103, is further amended by adding 

19 at the end the following new sections: 

20 ‘‘SEC. 716. ACCESS TO ADVANCED COMMUNICATIONS SERV21 ICES AND EQUIPMENT. 

22 ‘‘(a) MANUFACTURING.— 

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

24 manufactured after the effective date of the regula25 tions established pursuant to subsection (e), and 

26 subject to those regulations, a manufacturer of 
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1 equipment used for advanced communications serv2 ices, including end user equipment, network equip3 ment, and software, shall ensure that the equipment 

4 and software that such manufacturer offers for sale 

5 or otherwise distributes in interstate commerce shall 

6 be accessible to and usable by individuals with dis7 abilities, unless the requirements of this subsection 

8 are not achievable. 

9 ‘‘(2) INDUSTRY FLEXIBILITY.—A manufacturer 

10 of equipment may satisfy the requirements of para11 graph (1) with respect to such equipment by— 

12 ‘‘(A) ensuring that the equipment that 

13 such manufacturer offers is accessible to and 

14 usable by individuals with disabilities without 

15 the use of third party applications, peripheral 

16 devices, software, hardware, or customer prem17 ises equipment; or 

18 ‘‘(B) if such manufacturer chooses, using 

19 third party applications, peripheral devices, 

20 software, hardware, or customer premises 

21 equipment that is available to the consumer at 

22 nominal cost and that individuals with disabil23 ities can access. 

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

2 provided after the effective date of the regulations 

3 established pursuant to subsection (e), and subject 

4 to those regulations, a provider of advanced commu5 nications services shall ensure that such services of6 fered by such provider in or affecting interstate com7 merce are accessible to and usable by individuals 

8 with disabilities, unless the requirements of this sub9 section are not achievable. 

10 ‘‘(2) INDUSTRY FLEXIBILITY.—A provider of 

11 services may satisfy the requirements of paragraph 

12 (1) with respect to such services by— 

13 ‘‘(A) ensuring that the services that such 

14 provider offers are accessible to and usable by 

15 individuals with disabilities without the use of 

16 third party applications, peripheral devices, 

17 software, hardware, or customer premises 

18 equipment; or 

19 ‘‘(B) if such provider chooses, using third 

20 party applications, peripheral devices, software, 

21 hardware, or customer premises equipment that 

22 is available to the consumer at nominal cost 

23 and that individuals with disabilities can access. 

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

25 subsections (a) or (b) are not achievable, a manufacturer 
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1 or provider shall ensure that its equipment or service is 

2 compatible with existing peripheral devices or specialized 

3 customer premises equipment commonly used by individ4 uals with disabilities to achieve access, unless the require5 ment of this subsection is not achievable. 

6 ‘‘(d) NETWORK FEATURES, FUNCTIONS, AND CAPA7 BILITIES.—Each provider of advanced communications 

8 services has the duty not to install network features, func9 tions, or capabilities that do not impede accessibility or 

10 usability. 

11 ‘‘(e) REGULATIONS.— 

12 ‘‘(1) IN GENERAL.—Within one year after the 

13 date of enactment of the Twenty-First Century 

14 Communications and Video Accessibility Act of 

15 2010, the Commission shall promulgate such regula16 tions as are necessary to implement this section. In 

17 prescribing the regulations, the Commission shall— 

18 ‘‘(A) include performance objectives to en19 sure the accessibility, usability, and compat20 ibility of advanced communications services and 

21 the equipment used for advanced communica22 tions services by individuals with disabilities; 

23 ‘‘(B) provide that advanced communica24 tions services, the equipment used for advanced 

25 communications services, and networks used to 
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1 provide advanced communications services may 

2 not impair or impede the accessibility of infor3 mation content when accessibility has been in4 corporated into that content for transmission 

5 through advanced communications services, 

6 equipment used for advanced communications 

7 services, or networks used to provide advanced 

8 communications services; 

9 ‘‘(C) determine the obligations under this 

10 section of manufacturers, service providers, and 

11 providers of applications or services accessed 

12 over service provider networks; and 

13 ‘‘(D) not mandate technical standards, ex14 cept that the Commission may adopt technical 

15 standards as a safe harbor for such compliance 

16 if necessary to facilities the manufacturers’ and 

17 service providers’ compliance with sections (a) 

18 through (c). 

19 ‘‘(2) PROSPECTIVE GUIDELINES.—The Commis20 sion shall issue prospective guidelines for a manufac21 turer or provider regarding the requirements of this 

22 section. 

23 ‘‘(f) SERVICES AND EQUIPMENT SUBJECT TO SEC24 TION 255.—The requirements of this section shall not 

25 apply to any equipment or services, including inter-
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1 connected VoIP service, that are subject to the require2 ments of section 255 on the day before the date of enact3 ment of the Twenty-First Century Communications and 

4 Video Accessibility Act of 2010. Such services and equip5 ment shall remain subject to the requirements of section 

6 255. 

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

8 section and section 718, the term ‘achievable’ means with 

9 reasonable effort or expense, as determined by the Com10 mission. In determining whether the requirements of a 

11 provision are achievable, the Commission shall consider 

12 the following factors: 

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

14 to meet the requirements of this section with respect 

15 to the specific equipment or service in question. 

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

17 operation of the manufacturer or provider and on 

18 the operation of the specific equipment or service in 

19 question, including on the development and deploy20 ment of new communications technologies. 

21 ‘‘(3) The type of operations of the manufac22 turer or provider. 

23 ‘‘(4) The extent to which the service provider or 

24 manufacturer in question offers accessible services 

25 or equipment containing varying degrees of 
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1 functionality and features, and offered at differing 

2 price points. 

3 ‘‘(h) COMMISSION FLEXIBILITY.— 

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

5 authority, on its own motion or in response to a pe6 tition by a manufacturer or provider of advanced 

7 communications services or any interested party, to 

8 waive the requirements of this section for any fea9 ture or function of equipment used to provide or ac10 cess advanced communications services, or for any 

11 class of such equipment, for any provider of ad12 vanced communications services, or for any class of 

13 such services, that— 

14 ‘‘(A) is capable of accessing an advanced 

15 communications service; and 

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

17 is designed primarily for purposes other than 

18 using advanced communications services. 

19 ‘‘(2) SMALL ENTITY EXEMPTION.—The Com20 mission may exempt small entities from the require21 ments of this section. 

22 ‘‘(i) CUSTOMIZED EQUIPMENT OR SERVICES.—The 

23 provisions of this section shall not apply to customized 

24 equipment or services that are not offered directly to the 
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1 public, or to such classes of users as to be effectively avail2 able directly to the public, regardless of the facilities used. 

3 ‘‘(j) RULE OF CONSTRUCTION.—This section shall 

4 not be construed to require a manufacturer of equipment 

5 used for advanced communications or a provider of ad6 vanced communications services to make every feature and 

7 function of every device or service accessible for every dis8 ability. 

9 ‘‘SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGA10 TIONS. 

11 ‘‘(a) COMPLAINT AND ENFORCEMENT PROCE12 DURES.—Within one year after the date of enactment of 

13 the Twenty-First Century Communications and Video Ac14 cessibility Act of 2010, the Commission shall establish reg15 ulations that facilitate the filing of formal and informal 

16 complaints that allege a violation of section 255, 716, or 

17 718, establish procedures for enforcement actions by the 

18 Commission with respect to such violations, and imple19 ment the recordkeeping obligations of paragraph (5) for 

20 manufacturers and providers subject to such sections. 

21 Such regulations shall include the following provisions: 

22 ‘‘(1) NO FEE.—The Commission shall not 

23 charge any fee to an individual who files a complaint 

24 alleging a violation of section 255, 716, or 718. 
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1 ‘‘(2) RECEIPT OF COMPLAINTS.—The Commis2 sion shall establish separate and identifiable elec3 tronic, telephonic, and physical receptacles for the 

4 receipt of complaints filed under section 255, 716, 

5 or 718. 

6 ‘‘(3) COMPLAINTS TO THE COMMISSION.— 

7 ‘‘(A) IN GENERAL.—Any person alleging a 

8 violation of section 255, 716, or 718 by a man9 ufacturer of equipment or provider of service 

10 subject to such sections may file a formal or in11 formal complaint with the Commission. 

12 ‘‘(B) INVESTIGATION OF INFORMAL COM13 PLAINT.—The Commission shall investigate the 

14 allegations in an informal complaint and, within 

15 180 days after the date on which such com16 plaint was filed with the Commission, issue an 

17 order concluding the investigation, unless such 

18 complaint is resolved before such time. The 

19 order shall include a determination whether any 

20 violation occurred. 

21 ‘‘(i) If the Commission determines 

22 that a violation has occurred, the Commis23 sion may, in the order issued under this 

24 subparagraph or in a subsequent order, di25 rect the manufacturer or service provider 
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1 to bring the service, or in the case of a 

2 manufacturer, the next generation of the 

3 equipment or device, into compliance with 

4 requirements of those sections within a 

5 reasonable time established by the Com6 mission in its order. 

7 ‘‘(ii) NO VIOLATION.—If a determina8 tion is made that a violation has not oc9 curred, the Commission shall provide the 

10 basis for such determination. 

11 ‘‘(C) CONSOLIDATION OF COMPLAINTS.— 

12 The Commission may consolidate for investiga13 tion and resolution complaints alleging substan14 tially the same violation. 

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

16 Commission makes a determination pursuant to 

17 paragraph (3), the party that is the subject of the 

18 complaint shall have a reasonable opportunity to re19 spond to such complaint, and may include in such 

20 response any factors that are relevant to such deter21 mination. Before issuing a final order under para22 graph (3)(B)(i), the Commission shall provide such 

23 party a reasonable opportunity to comment on any 

24 proposed remedial action. 
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1 ‘‘(5) RECORDKEEPING.—(A) Beginning one 

2 year after the effective date of regulations promul3 gated pursuant to section 716(e), each manufacturer 

4 and provider subject to sections 255, 716, and 718 

5 shall maintain, in the ordinary course of business 

6 and for a reasonable period, records of the efforts 

7 taken by such manufacturer or provider to imple8 ment sections 255, 716, and 718, including the fol9 lowing: 

10 ‘‘(i) Information about the manufac11 turer’s or provider’s efforts to consult with 

12 individuals with disabilities. 

13 ‘‘(ii) Descriptions of the accessibility 

14 features of its products and services. 

15 ‘‘(iii) Information about the compat16 ibility of such products and services with 

17 peripheral devices or specialized customer 

18 premise equipment commonly used by indi19 viduals with disabilities to achieve access. 

20 ‘‘(B) An officer of a manufacturer or provider 

21 shall submit to the Commission an annual certifi22 cation that records are being kept in accordance 

23 with subparagraph (A). 

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

25 complaint against a manufacturer or provider in the 
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1 manner prescribed in paragraph (3), the Commis2 sion may request, and shall keep confidential, a copy 

3 of the records maintained by such manufacturer or 

4 provider pursuant to subparagraph (A) of this para5 graph that are directly relevant to the equipment or 

6 service that is the subject of such complaint. 

7 ‘‘(6) FAILURE TO ACT.—If the Commission 

8 fails to carry out any of its responsibilities to act 

9 upon a complaint in the manner prescribed in para10 graph (3), the person that filed such complaint may 

11 bring an action in the nature of mandamus in the 

12 United States Court of Appeals for the District of 

13 Columbia to compel the Commission to carry out 

14 any such responsibility. 

15 ‘‘(7) COMMISSION JURISDICTION.—The limita16 tions of section 255(f) shall apply to any claim that 

17 alleges a violation of section 255, 716, or 718. Noth18 ing in this paragraph affects or limits any action for 

19 mandamus under paragraph (6) or any appeal pur20 suant to section 402(b)(10). 

21 ‘‘(8) PRIVATE RESOLUTIONS OF COMPLAINTS.— 

22 Nothing in the Commission’s rules or this Act shall 

23 be construed to preclude a person who files a com24 plaint and a manufacturer or provider from resolv25 ing a formal or informal complaint prior to the Com-
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1 mission’s final determination in a complaint pro2 ceeding. In the event of such a resolution, the par3 ties shall jointly request dismissal of the complaint 

4 and the Commission shall grant such request. 

5 ‘‘(b) REPORTS TO CONGRESS.— 

6 ‘‘(1) IN GENERAL.—Every two years after the 

7 date of enactment of the Twenty-First Century 

8 Communications and Video Accessibility Act of 

9 2010, the Commission shall submit to the Com10 mittee on Commerce, Science, and Transportation of 

11 the Senate and the Committee on Energy and Com12 merce of the House of Representatives a report that 

13 includes the following: 

14 ‘‘(A) An assessment of the level of compli15 ance with sections 255, 716, and 718. 

16 ‘‘(B) An evaluation of the extent to which 

17 any accessibility barriers still exist with respect 

18 to new communications technologies. 

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

20 received pursuant to subsection (a) during the 

21 two years that are the subject of the report. 

22 ‘‘(D) A description of the actions taken to 

23 resolve such complaints under this section, in24 cluding forfeiture penalties assessed. 
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1 ‘‘(E) The length of time that was taken by 

2 the Commission to resolve each such complaint. 

3 ‘‘(F) The number, status, nature, and out4 come of any actions for mandamus filed pursu5 ant to subsection (a)(6) and the number, sta6 tus, nature, and outcome of any appeals filed 

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

8 ‘‘(G) An assessment of the effect of the re9 quirements of this section on the development 

10 and deployment of new communications tech11 nologies. 

12 ‘‘(2) PUBLIC COMMENT REQUIRED.—The Com13 mission shall seek public comment on its tentative 

14 findings prior to submission to the Committees of 

15 the report under this subsection. 

16 ‘‘(c) COMPTROLLER GENERAL ENFORCEMENT

17 STUDY.— 

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

19 shall conduct a study to consider and evaluate the 

20 following: 

21 ‘‘(A) The Commission’s compliance with 

22 the requirements of this section, including the 

23 Commission’s level of compliance with the dead24 lines established under and pursuant to this 
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1 section and deadlines for acting on complaints 

2 pursuant to subsection (a). 

3 ‘‘(B) Whether the enforcement actions 

4 taken by the Commission pursuant to this sec5 tion have been appropriate and effective in en6 suring compliance with this section. 

7 ‘‘(C) Whether the enforcement provisions 

8 under this section are adequate to ensure com9 pliance with this section. 

10 ‘‘(D) Whether, and to what extent (if any), 

11 the requirements of this section have an effect 

12 on the development and deployment of new 

13 communications technologies. 

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

15 date of enactment of the Twenty-First Century 

16 Communications and Video Accessibility Act of 

17 2010, the Comptroller General shall submit to the 

18 Committee on Commerce, Science, and Transpor19 tation of the Senate and the Committee on Energy 

20 and Commerce of the House of Representatives a re21 port on the results of the study required by para22 graph (1), with recommendations for how the en23 forcement process and measures under this section 

24 may be modified or improved. 
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1 ‘‘(d) CLEARINGHOUSE.—Within one year after the 

2 date of enactment of the Twenty-First Century Commu3 nications and Video Accessibility Act of 2010, the Com4 mission shall, in consultation with the Architectural and 

5 Transportation Barriers Compliance Board, the National 

6 Telecommunications and Information Administration, 

7 trade associations, and organizations representing individ8 uals with disabilities, establish a clearinghouse of informa9 tion on the availability of accessible products and services 

10 and accessibility solutions required under sections 255, 

11 716, and 718. Such information shall be made publicly 

12 available on the Commission’s website and by other 

13 means, and shall include an annually updated list of prod14 ucts and services with access features. 

15 ‘‘(e) OUTREACH AND EDUCATION.—Upon establish16 ment of the clearinghouse of information required under 

17 subsection (d), the Commission, in coordination with the 

18 National Telecommunications and Information Adminis19 tration, shall conduct an informational and educational 

20 program designed to inform the public about the avail21 ability of the clearinghouse and the protections and rem22 edies available under sections 255, 716, and 718. 
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1 ‘‘SEC. 718. INTERNET BROWSERS BUILT INTO TELEPHONES 

2 USED WITH PUBLIC MOBILE SERVICES. 

3 ‘‘(a) ACCESSIBILITY.—If a manufacturer of a tele4 phone used with public mobile services (as such term is 

5 defined in section 710(b)(4)(B)) includes an Internet 

6 browser in such telephone, or if a provider of mobile serv7 ice arranges for the inclusion of a browser in telephones 

8 to sell to customers, the manufacturer or provider shall 

9 ensure that the functions of the included browser (includ10 ing the ability to launch the browser) are accessible to and 

11 usable by individuals who are blind or have a visual im12 pairment, unless doing so is not achievable, except that 

13 this subsection shall not impose any requirement on such 

14 manufacturer or provider— 

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

16 browser other than a browser that such manufac17 turer or provider includes or arranges to include in 

18 the telephone; or 

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

20 services accessible or usable (other than enabling in21 dividuals with disabilities to use an included browser 

22 to access such content, applications, or services). 

23 ‘‘(b) INDUSTRY FLEXIBILITY.—A manufacturer or 

24 provider may satisfy the requirements of subsection (a) 

25 with respect to such telephone or services by— 
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1 ‘‘(1) ensuring that the telephone or services 

2 that such manufacture or provider offers is acces3 sible to and usable by individuals with disabilities 

4 without the use of third party applications, periph5 eral devices, software, hardware, or customer prem6 ises equipment; or 

7 ‘‘(2) using third party applications, peripheral 

8 devices, software, hardware, or customer premises 

9 equipment that is available to the consumer at nomi10 nal cost and that individuals with disabilities can ac11 cess.’’. 

12 (b) EFFECTIVE DATE FOR SECTION 718.—Section 

13 718 of the Communications Act of 1934, as added by sub14 section (a), shall take effect 3 years after the date of en15 actment of this Act. 

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

17 such Act (47 U.S.C. 503(b)(2)) is amended by adding 

18 after subparagraph (E) the following: 

19 ‘‘(F) Subject to paragraph (5) of this section, 

20 if the violator is a manufacturer or service provider 

21 subject to the requirements of section 255, 716, or 

22 718, and is determined by the Commission to have 

23 violated any such requirement, the manufacturer or 

24 provider shall be liable to the United States for a 

25 forfeiture penalty of not more than $100,000 for 
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1 each violation or each day of a continuing violation, 

2 except that the amount assessed for any continuing 

3 violation shall not exceed a total of $1,000,000 for 

4 any single act or failure to act.’’. 

5 (d) REVIEW OF COMMISSION DETERMINATIONS.— 

6 Section 402(b) of such Act (47 U.S.C. 402(b)) is amended 

7 by adding the following new paragraph: 

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

9 interests are adversely affected by a determination 

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

11 SEC. 105. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS. 

12 Title VII of the Communications Act of 1934, as 

13 amended by section 104, is further amended by adding 

14 at the end the following: 

15 ‘‘SEC. 719. RELAY SERVICES FOR DEAF-BLIND INDIVID16 UALS. 

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

18 of enactment of the Equal Access to 21st Century Com19 munications Act, the Commission shall establish rules that 

20 define as eligible for relay service support those programs 

21 that are approved by the Commission for the distribution 

22 of specialized customer premises equipment designed to 

23 make telecommunications service, Internet access service, 

24 and advanced communications, including interexchange 
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1 services and advanced telecommunications and informa2 tion services, accessible by individuals who are deaf-blind. 

3 ‘‘(b) INDIVIDUALS WHO ARE DEAF-BLIND DE4 FINED.—For purposes of this subsection, the term ‘indi5 viduals who are deaf-blind’ has the same meaning given 

6 such term in the Helen Keller National Center Act, as 

7 amended by the Rehabilitation Act Amendments of 1992 

8 (29 U.S.C. 1905(2)). 

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

10 the Commission may provide from its interstate relay fund 

11 for any fiscal year may not exceed $10,000,000.’’. 

12 SEC. 106. EMERGENCY ACCESS ADVISORY COMMITTEE. 

13 (a) ESTABLISHMENT.—For the purpose of achieving 

14 equal access to emergency services by individuals with dis15 abilities, as a part of the migration to a national Internet 

16 protocol-enabled emergency network, not later than 60 

17 days after the date of enactment of this Act, the Chairman 

18 of the Commission shall establish an advisory committee, 

19 to be known as the Emergency Access Advisory Committee 

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

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

22 date of enactment of this Act, the Chairman of the Com23 mission shall appoint the members of the Advisory Com24 mittee, ensuring a balance between individuals with dis25 abilities and other stakeholders, and shall designate two 
32 

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1 such members as the co-chairs of the Committee. Members 

2 of the Advisory Committee shall be selected from the fol3 lowing groups: 

4 (1) STATE AND LOCAL GOVERNMENT AND

5 EMERGENCY RESPONDER REPRESENTATIVES.—Rep6 resentatives of State and local governments and rep7 resentatives of emergency response providers, se8 lected from among individuals nominated by national 

9 organizations representing such governments and 

10 representatives. 

11 (2) SUBJECT MATTER EXPERTS.—Individuals 

12 who have the technical knowledge and expertise to 

13 serve on the Advisory Committee in the fulfillment 

14 of its duties, including representatives of— 

15 (A) providers of interconnected and non16 interconnected VoIP services; 

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

20 non-interconnected VoIP services; 

21 (C) national organizations representing in22 dividuals 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 such technical 

4 knowledge and expertise. 

5 (3) REPRESENTATIVES OF OTHER STAKE6 HOLDERS AND INTERESTED PARTIES.—Representa7 tives of such other stakeholders and interested and 

8 affected parties as the Chairman of the Commission 

9 determines appropriate. 

10 (c) DEVELOPMENT OF RECOMMENDATIONS.—Within 

11 1 year after the completion of the member appointment 

12 process by the Chairman of the Commission pursuant to 

13 subsection (b), the Advisory Committee shall conduct a 

14 national survey of individuals with disabilities, seeking 

15 input from the groups described in subsection (b)(2), to 

16 determine the most effective and efficient technologies and 

17 methods by which to enable access to emergency services 

18 by individuals with disabilities and shall develop and sub19 mit to the Commission recommendations to implement 

20 such technologies and methods, including recommenda21 tions— 

22 (1) with respect to what actions are necessary 

23 as a part of the migration to a national Internet 

24 protocol-enabled network to achieve reliable, inter25 operable communication transmitted over such net-
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1 work that will ensure access to emergency services 

2 by individuals with disabilities; 

3 (2) for protocols, technical capabilities, and 

4 technical requirements to ensure the reliability and 

5 interoperability necessary to ensure access to emer6 gency services by individuals with disabilities; 

7 (3) for the establishment of technical standards 

8 for use by public safety answering points, designated 

9 default answering points, and local emergency au10 thorities; 

11 (4) for relevant technical standards and re12 quirements for communication devices and equip13 ment and technologies to enable the use of reliable 

14 emergency access; 

15 (5) for procedures to be followed by IP-enabled 

16 network providers to ensure that such providers do 

17 not install features, functions, or capabilities that 

18 would conflict with technical standards; 

19 (6) for deadlines by which providers of inter20 connected and non-interconnected VoIP services and 

21 manufacturers of equipment used for such services 

22 shall achieve the actions required in paragraphs (1) 

23 through (5), where achievable, and for the possible 

24 phase out of the use of current-generation TTY 

25 technology to the extent that this technology is re-
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1 placed with more effective and efficient technologies 

2 and methods to enable access to emergency services 

3 by individuals with disabilities; 

4 (7) for the establishment of rules to update the 

5 Commission’s rules with respect to 9–1–1 services 

6 and E–911 services (as defined in section 158(e)(4) 

7 of the National Telecommunications and Informa8 tion Administration Organization Act (47 U.S.C. 

9 942(e)(4))), for users of telecommunications relay 

10 services as new technologies and methods for pro11 viding such relay services are adopted by providers 

12 of such relay services; and 

13 (8) that take into account what is technically 

14 and economically feasible. 

15 (d) MEETINGS.— 

16 (1) INITIAL MEETING.—The initial meeting of 

17 the Advisory Committee shall take place not later 

18 than 45 days after the completion of the member ap19 pointment process by the Chairman of the Commis20 sion pursuant to subsection (b). 

21 (2) OTHER MEETINGS.—After the initial meet22 ing, the Advisory Committee shall meet at the call 

23 of the chairs, but no less than monthly until the rec24 ommendations required pursuant to subsection (c) 

25 are completed and submitted. 
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1 (3) NOTICE; OPEN MEETINGS.—Any meetings 

2 held by the Advisory Committee shall be duly no3 ticed at least 14 days in advance and shall be open 

4 to the public. 

5 (e) RULES.— 

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

7 Advisory Committee shall constitute a quorum for 

8 conducting business of the Advisory Committee. 

9 (2) SUBCOMMITTEES.—To assist the Advisory 

10 Committee in carrying out its functions, the chair 

11 may establish appropriate subcommittees composed 

12 of members of the Advisory Committee and other 

13 subject matter experts as determined to be nec14 essary. 

15 (3) ADDITIONAL RULES.—The Advisory Com16 mittee may adopt other rules as needed. 

17 (f) FEDERAL ADVISORY COMMITTEE ACT.—The 

18 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

19 apply to the Advisory Committee. 

20 (g) IMPLEMENTING RECOMMENDATIONS.—The Com21 mission shall have the authority to promulgate regulations 

22 to implement the recommendations proposed by the Advi23 sory Committee, as well as any other regulations, technical 

24 standards, protocols, and procedures as are necessary to 

25 achieve reliable, interoperable communication that ensures 
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1 access by individuals with disabilities to an Internet pro2 tocol-enabled emergency network, where achievable and 

3 technically feasible. 

4 (h) DEFINITIONS.—In this section— 

5 (1) the term ‘‘Commission’’ means the Federal 

6 Communications Commission; 

7 (2) the term ‘‘Chairman’’ means the Chairman 

8 of the Federal Communications Commission; and 

9 (3) except as otherwise expressly provided, 

10 other terms have the meanings given such terms in 

11 section 3 of the Communications Act of 1934 (47 

12 U.S.C. 153). 

13 TITLE II—VIDEO PROGRAMMING 

14 SEC. 201. VIDEO PROGRAMMING AND EMERGENCY ACCESS 

15 ADVISORY COMMITTEE. 

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

17 the date of enactment of this Act, the Chairman shall es18 tablish an advisory committee to be known as the Video 

19 Programming and Emergency Access Advisory Com20 mittee. 

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

22 date of enactment of this Act, the Chairman shall appoint 

23 individuals who have the technical knowledge and engi24 neering expertise to serve on the Advisory Committee in 

25 the fulfillment of its duties, including the following: 
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1 (1) Representatives of distributors and pro2 viders of video programming or a national organiza3 tion representing such distributors. 

4 (2) Representatives of vendors, developers, and 

5 manufacturers of systems, facilities, equipment, and 

6 capabilities for the provision of video programming 

7 delivered using Internet protocol or a national orga8 nization representing such vendors, developers, or 

9 manufacturers. 

10 (3) Representatives of manufacturers of con11 sumer electronics or information technology equip12 ment or a national organization representing such 

13 manufacturers. 

14 (4) Representatives of video programming pro15 ducers or a national organization representing such 

16 producers. 

17 (5) Representatives of national organizations 

18 representing accessibility advocates, including indi19 viduals with disabilities and the elderly. 

20 (6) Representatives of the broadcast television 

21 industry or a national organization representing 

22 such industry. 

23 (7) Other individuals with technical and engi24 neering expertise, as the Chairman determines ap25 propriate. 
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1 (c) COMMISSION OVERSIGHT.—The Chairman shall 

2 appoint a member of the Commission’s staff to moderate 

3 and direct the work of the Advisory Committee. 

4 (d) TECHNICAL STAFF.—The Commission shall ap5 point a member of the Commission’s technical staff to pro6 vide technical assistance to the Advisory Committee. 

7 (e) DEVELOPMENT OF RECOMMENDATIONS.— 

8 (1) CLOSED CAPTIONING REPORT.—Within 6 

9 months after the date of the first meeting of the Ad10 visory Committee, the Advisory Committee shall de11 velop and submit to the Commission a report that 

12 includes the following: 

13 (A) A recommended schedule of deadlines 

14 for the provision of closed captioning service. 

15 (B) An identification of the performance 

16 requirement for protocols, technical capabilities, 

17 and technical procedures needed to permit con18 tent providers, content distributors, Internet 

19 service providers, software developers, and de20 vice manufacturers to reliably encode, trans21 port, receive, and render closed captions of 

22 video programming, except for consumer gen23 erated media, delivered using Internet protocol. 

24 (C) An identification of additional proto25 cols, technical capabilities, and technical proce-
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1 dures beyond those available as of the date of 

2 enactment of the Twenty-First Century Com3 munications and Video Accessibility Act of 

4 2010 for the delivery of closed captions of video 

5 programming, except for consumer generated 

6 media, delivered using Internet protocol that 

7 are necessary to meet the performance objec8 tives identified under subparagraph (B). 

9 (D) A recommendation for technical stand10 ards to address the performance objectives iden11 tified in subparagraph (B). 

12 (E) A recommendation for any regulations 

13 that may be necessary to ensure compatibility 

14 between video programming, except for con15 sumer generated media, delivered using Inter16 net protocol and devices capable of receiving 

17 and displaying such programming in order to 

18 facilitate access to closed captions. 

19 (2) VIDEO DESCRIPTION, EMERGENCY INFOR20 MATION, USER INTERFACES, AND VIDEO PROGRAM21 MING GUIDES AND MENUS.—Within 18 months after 

22 the date of enactment of this Act, the Advisory 

23 Committee shall develop and submit to the Commis24 sion a report that includes the following: 
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1 (A) A recommended schedule of deadlines 

2 for the provision of video description and emer3 gency information. 

4 (B) An identification of the performance 

5 requirement for protocols, technical capabilities, 

6 and technical procedures needed to permit con7 tent providers, content distributors, Internet 

8 service providers, software developers, and de9 vice manufacturers to reliably encode, trans10 port, receive, and render video descriptions of 

11 video programming, except for consumer gen12 erated media, and emergency information deliv13 ered using Internet protocol or digital broadcast 

14 television. 

15 (C) An identification of additional proto16 cols, technical capabilities, and technical proce17 dures beyond those available as of the date of 

18 enactment of the Twenty-First Century Com19 munications and Video Accessibility Act of 

20 2010 for the delivery of video descriptions of 

21 video programming, except for consumer gen22 erated media, and emergency information deliv23 ered using Internet protocol that are necessary 

24 to meet the performance objectives identified 

25 under subparagraph (B). 
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1 (D) A recommendation for technical stand2 ards to address the performance objectives iden3 tified in subparagraph (B). 

4 (E) A recommendation for any regulations 

5 that may be necessary to ensure compatibility 

6 between video programming, except for con7 sumer generated media, delivered using Inter8 net protocol and devices capable of receiving 

9 and displaying such programming, except for 

10 consumer generated media, in order to facilitate 

11 access to video descriptions and emergency in12 formation. 

13 (F) With respect to user interfaces, a rec14 ommendation for the standards, protocols, and 

15 procedures used to enable the functions of ap16 paratus designed to receive or display video pro17 gramming transmitted simultaneously with 

18 sound (including apparatus designed to receive 

19 or display video programming transmitted by 

20 means of services using Internet protocol) to be 

21 accessible to and usable by individuals with dis22 abilities. 

23 (G) With respect to user interfaces, a rec24 ommendation for the standards, protocols, and 

25 procedures used to enable on-screen text menus 
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1 and other visual indicators used to access the 

2 functions on an apparatus described in sub3 paragraph (F) to be accompanied by audio out4 put so that such menus or indicators are acces5 sible to and usable by individuals with disabil6 ities. 

7 (H) With respect to video programming 

8 guides and menus, a recommendation for the 

9 standards, protocols, and procedures used to 

10 enable video programming information and se11 lection provided by means of a navigation de12 vice, guide, or menu to be accessible in real13 time by individuals who are blind or visually im14 paired. 

15 (3) CONSIDERATION OF WORK BY STANDARD16 SETTING ORGANIZATIONS.—The recommendations of 

17 the advisory committee shall, insofar as possible, in18 corporate the standards, protocols, and procedures 

19 that have been adopted by recognized industry 

20 standard-setting organizations for each of the pur21 poses described in paragraphs (1) and (2). 

22 (f) MEETINGS.— 

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

24 the Advisory Committee shall take place not later 
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1 than 180 days after the date of the enactment of 

2 this Act. 

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

5 of the Chairman. 

6 (3) NOTICE; OPEN MEETINGS.—Any meeting 

7 held by the Advisory Committee shall be noticed at 

8 least 14 days before such meeting and shall be open 

9 to the public. 

10 (g) PROCEDURAL RULES.— 

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

12 members of the Advisory Committee shall constitute 

13 a quorum for conducting the business of the Advi14 sory Committee. 

15 (2) SUBCOMMITTEES.—To assist the Advisory 

16 Committee in carrying out its functions, the Chair17 man may establish appropriate subcommittees com18 posed of members of the Advisory Committee and 

19 other subject matter experts. 

20 (3) ADDITIONAL PROCEDURAL RULES.—The 

21 Advisory Committee may adopt other procedural 

22 rules as needed. 

23 (h) FEDERAL ADVISORY COMMITTEE ACT.—The 

24 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

25 apply to the Advisory Committee. 
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1 SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING. 

2 (a) VIDEO DESCRIPTION.—Section 713 of the Com3 munications Act of 1934 (47 U.S.C. 613) is amended— 

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

5 (2) by redesignating subsection (h) as sub6 section (j); and 

7 (3) by inserting after subsection (e) the fol8 lowing: 

9 ‘‘(f) VIDEO DESCRIPTION.— 

10 ‘‘(1) REINSTATEMENT OF REGULATIONS.—On 

11 the day that is 1 year after the date of enactment 

12 of the Twenty-First Century Communications and 

13 Video Accessibility Act of 2010, the Commission 

14 shall, after a rulemaking, reinstate its video descrip15 tion regulations contained in the Implementation of 

16 Video Description of Video Programming Report 

17 and Order (15 F.C.C.R. 15,230 (2000)), recon. 

18 granted in part and denied in part, (16 F.C.C.R. 

19 1251 (2001)), modified as provided in paragraph 

20 (2). 

21 ‘‘(2) MODIFICATIONS TO REINSTATED REGULA22 TIONS.—Such regulations shall be modified only as 

23 follows: 

24 ‘‘(A) The regulations shall apply to video 

25 programming, as defined in subsection (h), in-
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1 sofar as and programming is transmitted for 

2 display on television in digital format. 

3 ‘‘(B) The Commission shall update the list 

4 of the top 25 designated market areas, the list 

5 of the top 5 national nonbroadcast networks 

6 that at least 50 hours per quarter of prime time 

7 programming that is not exempt under this 

8 paragraph, and the beginning calendar quarter 

9 for which compliance shall be calculated. 

10 ‘‘(C) The regulations may permit a pro11 vider of video programming or a program owner 

12 to petition the Commission for an exemption 

13 from the requirements of this section upon a 

14 showing that the requirements contained in this 

15 section be economically burdensome. 

16 ‘‘(D) The Commission may exempt from 

17 the regulations established pursuant to para18 graph (1) a service, class of services, program, 

19 class of programs, equipment, or class of equip20 ment for which the Commission has determined 

21 that the application of such regulations would 

22 be economically burdensome for the provider of 

23 such service, program, or equipment. 

24 ‘‘(E) The regulations shall not apply to live 

25 or near-live programming. 
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1 ‘‘(F) The regulations shall provide for an 

2 appropriate phased schedule of deadlines for 

3 compliance. 

4 ‘‘(G) The Commission shall consider ex5 tending the exemptions and limitations in the 

6 reinstated regulations for technical capability 

7 reasons to all providers and owners of video 

8 programming. 

9 ‘‘(3) INQUIRIES ON FURTHER VIDEO DESCRIP10 TION REQUIREMENTS.—The Commission shall com11 mence the following inquiries not later than 1 year 

12 after the completion of the phase-in of the reinstated 

13 regulations and shall report to Congress 1 year 

14 thereafter on the findings for each of the following: 

15 ‘‘(A) VIDEO DESCRIPTION IN TELEVISION

16 PROGRAMMING.—The availability, use, and ben17 efits of video description on video programming 

18 distributed on television, the technical and cre19 ative issues associated with providing such video 

20 description, and the financial costs of providing 

21 such video description for providers of video 

22 programming and program owners. 

23 ‘‘(B) VIDEO DESCRIPTION IN VIDEO PRO24 GRAMMING DISTRIBUTED ON THE INTERNET.— 

25 The technical and operational issues, costs, and 
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1 benefits of providing video descriptions for video 

2 programming that is delivered using Internet 

3 protocol. 

4 ‘‘(4) CONTINUING COMMISSION AUTHORITY.— 

5 ‘‘(A) IN GENERAL.—The Commission may 

6 not issue additional regulations unless the Com7 mission determines, at least 2 years after com8 pleting the reports required in paragraph (3), 

9 that the need for and benefits of providing 

10 video description for video programming, inso11 far as such programming is transmitted for dis12 play on television, are greater than the tech13 nical and economic costs of providing such addi14 tional programming. 

15 ‘‘(B) LIMITATION.—If the Commission 

16 makes the determination under subparagraph 

17 (A) and issues additional regulations, the Com18 mission may not increase, in total, the hour re19 quirement for additional described program20 ming by more than 75 percent of the require21 ment in the regulations reinstated under para22 graph (1). 

23 ‘‘(C) APPLICATION TO DESIGNATED MAR24 KET AREAS.— 
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1 ‘‘(i) IN GENERAL.—After the Commis2 sion completes the reports on video de3 scription required in paragraph (3), the 

4 Commission shall phase in the video de5 scription regulations for the top 60 des6 ignated market areas, except that the 

7 Commission may grant waivers to entities 

8 in specific designated market areas where 

9 it deems appropriate. 

10 ‘‘(ii) PHASE-IN DEADLINE.—The 

11 phase-in described in clause (i) shall be 

12 completed not later than 6 years after the 

13 date of enactment of the Twenty-First 

14 Century Communications and Video Acces15 sibility Act of 2010. 

16 ‘‘(iii) REPORT.—Nine years after the 

17 date of enactment of the Twenty-First 

18 Century Communications and Video Acces19 sibility Act of 2010, the Commission shall 

20 submit to the Committee on Energy of the 

21 House of Representatives and the Com22 mittee on Commerce, Science, and Trans23 portation of the Senate a report assess24 ing— 
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1 ‘‘(I) the types of described video 

2 programming that is available to con3 sumers; 

4 ‘‘(II) consumer use of such pro5 gramming; 

6 ‘‘(III) the costs to program own7 ers, providers, and distributors of cre8 ating such programming; 

9 ‘‘(IV) the potential costs to pro10 gram owners, providers, and distribu11 tors in designated market areas out12 side of the top 60 of creating such 

13 programming; 

14 ‘‘(V) the benefits to consumers of 

15 such programming; 

16 ‘‘(VI) the amount of such pro17 gramming currently available; and 

18 ‘‘(VII) the need for additional de19 scribed programming in designated 

20 market areas outside the top 60. 

21 ‘‘(iv) ADDITIONAL MARKET AREAS.— 

22 Ten years after the date of enactment of 

23 the Twenty-First Century Communications 

24 and Video Accessibility Act of 2010, the 

25 Commission shall have the authority, based 
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1 upon the findings, conclusions, and rec2 ommendations contained in the report 

3 under clause (iii), to phase in the video de4 scription regulations for up to an addi5 tional 10 designated market areas each 

6 year— 

7 ‘‘(I) if the costs of implementing 

8 the video description regulations to 

9 program owners, providers, and dis10 tributors in those additional markets 

11 are reasonable, as determined by the 

12 Commission; and 

13 ‘‘(II) except that the Commission 

14 may grant waivers to entities in spe15 cific designated market areas where it 

16 deems appropriate. 

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

18 year after the Advisory Committee report under sub19 section (e)(2) is submitted to the Commission, the Com20 mission shall complete a proceeding to— 

21 ‘‘(1) identify methods to convey emergency in22 formation (as that term is defined in section 79.2 of 

23 title 47, Code of Federal Regulations) in a manner 

24 accessible to individuals who are blind or visually im25 paired; and 
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1 ‘‘(2) promulgate regulations that require video 

2 programming providers and video programming dis3 tributors (as those terms are defined in section 79.1 

4 of title 47, Code of Federal Regulations) and pro5 gram owners to convey such emergency information 

6 in a manner accessible to individuals who are blind 

7 or visually impaired. 

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

9 section 303, and section 330: 

10 ‘‘(1) VIDEO DESCRIPTION.—The term ‘video de11 scription’ means the insertion of audio narrated de12 scriptions of a television program’s key visual ele13 ments into natural pauses between the program’s 

14 dialogue. 

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

16 programming’ means programming by, or generally 

17 considered comparable to programming provided by 

18 a television broadcast station, but not including con19 sumer-generated media (as defined in section 3). 

20 (b) CLOSED CAPTIONING ON VIDEO PROGRAMMING

21 DELIVERED USING INTERNET PROTOCOL.—Section 713 

22 of such Act is further amended by striking subsection (c) 

23 and inserting the following: 

24 ‘‘(c) DEADLINES FOR CAPTIONING.— 
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1 ‘‘(1) IN GENERAL.—The regulations prescribed 

2 pursuant to subsection (b) shall include an appro3 priate schedule of deadlines for the provision of 

4 closed captioning of video programming once pub5 lished or exhibited on television. 

6 ‘‘(2) DEADLINES FOR PROGRAMMING DELIV7 ERED USING INTERNET PROTOCOL.— 

8 ‘‘(A) REGULATIONS ON CLOSED CAP9 TIONING ON VIDEO PROGRAMMING DELIVERED

10 USING INTERNET PROTOCOL.—Not later than 6 

11 months after the submission of the report to 

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

13 the Twenty-First Century Communications and 

14 Video Accessibility Act of 2010, the Commis15 sion shall revise its regulations to require the 

16 provision of closed captioning on video program17 ming delivered using Internet protocol that was 

18 published or exhibited on television with cap19 tions after the effective date of such regula20 tions. 

21 ‘‘(B) SCHEDULE.—The regulations pre22 scribed under this paragraph shall include an 

23 appropriate schedule of deadlines for the provi24 sion of closed captioning, taking into account 

25 whether such programming is prerecorded and 
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1 edited for Internet distribution, or whether such 

2 programming is live or near-live and not edited 

3 for Internet distribution. 

4 ‘‘(C) COST.—The Commission may delay 

5 or waive the regulation promulgated under sub6 paragraph (A) to the extent the Commission 

7 finds that the application of the regulation to 

8 live video programming delivered using Internet 

9 protocol with captions after the effective date of 

10 such regulations would be economically burden11 some to providers of video programming or pro12 gram owners. 

13 ‘‘(D) REQUIREMENTS FOR REGULA14 TIONS.—The regulations prescribed under this 

15 paragraph— 

16 ‘‘(i) shall contain a definition of ‘near17 live programming’ and ‘edited for Internet 

18 distribution’; 

19 ‘‘(ii) may exempt any service, class of 

20 service, program, class of program, equip21 ment, or class of equipment for which the 

22 Commission has determined that the appli23 cation of such regulations would be eco24 nomically burdensome for the provider of 

25 such service, program, or equipment; 
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1 ‘‘(iii) shall clarify that, for the pur2 poses of implementation, of this subsection, 

3 the terms ‘video programming distribution’ 

4 and ‘video programming providers’ include 

5 an entity that makes available directly to 

6 the end user video programming through a 

7 distribution method that uses Internet pro8 tocol; 

9 ‘‘(iv) and describe the responsibilities 

10 of video programming providers or dis11 tributors and video programming owners; 

12 ‘‘(v) shall establish a mechanism to 

13 make available to video progamming pro14 viders and distributors information on 

15 video programming subject to the Act on 

16 an ongoing basis; 

17 ‘‘(vi) shall consider that the video pro18 gramming provider or distributor shall be 

19 deemed in compliance if such entity en20 ables the rendering or pass through of 

21 closed captions and video description sig22 nals and make a good faith effort to iden23 tify video programming subject to the Act 

24 using the mechanism created in (v); and 
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1 ‘‘(vii) shall provide that de minimis 

2 failure to comply with such regulations by 

3 a video programming provider or owner 

4 shall not be treated as a violation of the 

5 regulations. 

6 ‘‘(3) ALTERNATE MEANS OF COMPLIANCE.—An 

7 entity may meet the requirements of this section 

8 through alternate means than those prescribed by 

9 regulations pursuant to subsection (b), as revised 

10 pursuant to paragraph (2)(A) of this subsection, if 

11 the requirements of this section are met, as deter12 mined by the Commission.’’. 

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

14 such Act is amended by striking paragraph (3) and insert15 ing the following: 

16 ‘‘(3) a provider of video programming or pro17 gram owner may petition the Commission for an ex18 emption from the requirements of this section, and 

19 the Commission may grant such petition upon a 

20 showing that the requirements contained in this sec21 tion would be economically burdensome. During the 

22 pendency of such a petition, such provider or owner 

23 shall be exempt from the requirements of this sec24 tion. The Commission shall act to grant or deny any 

25 such petition, in whole or in part, within 6 months 
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1 after the Commission receives such petition, unless 

2 the Commission finds that an extension of the 6- 

3 month period is necessary to determine whether such 

4 requirements are economically burdensome.’’. 

5 SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DE6 SCRIPTION CAPABILITY. 

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

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

9 amended to read as follows: 

10 ‘‘(u) Require that, if technically feasible— 

11 ‘‘(1) apparatus designed to receive or play 

12 back video programming transmitted simulta13 neously with sound, if such apparatus is manu14 factured in the United States or imported for 

15 use in the United States and uses a picture 

16 screen of any size— 

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

18 caption decoder circuitry or capability de19 signed to display closed-captioned video 

20 programming; 

21 ‘‘(B) have the capability to decode 

22 and make available the transmission and 

23 delivery of video description services as re24 quired by regulations reinstated and modi25 fied pursuant to section 713(f); and 
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1 ‘‘(C) have the capability to decode and 

2 make available emergency information (as 

3 that term is defined in section 79.2 of the 

4 Commission’s regulations (47 CFR 79.2)) 

5 in a manner that is accessible to individ6 uals who are blind or visually impaired; 

7 and 

8 ‘‘(2) notwithstanding paragraph (1) of this 

9 subsection— 

10 ‘‘(A) apparatus described in such 

11 paragraph that use a picture screen that is 

12 less than 13 inches in size meet the re13 quirements of subparagraph (A), (B), or 

14 (C) of such paragraph only if the require15 ments of such subparagraphs are achiev16 able (as defined in section 716); 

17 ‘‘(B) any apparatus or class of appa18 ratus that are display-only video monitors 

19 with no playback capability are exempt 

20 from the requirements of such paragraph; 

21 and 

22 ‘‘(C) the Commission shall have the 

23 authority, on its own motion or in response 

24 to a petition by a manufacturer, to waive 
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1 the requirements of this subsection for any 

2 apparatus or class of apparatus— 

3 ‘‘(i) primarily designed for activi4 ties other than receiving or playing 

5 back video programming transmitted 

6 simultaneously with sound; or 

7 ‘‘(ii) for equipment designed for 

8 multiple purposes, capable of receiving 

9 or playing video programming trans10 mitted simultaneously with sound but 

11 whose essential utility is derived from 

12 other purposes.’’. 

13 (b) OTHER DEVICES.—Section 303 of the Commu14 nications Act of 1934 (47 U.S.C. 303) is further amended 

15 by adding at the end the following new subsection: 

16 ‘‘(z) Require that— 

17 ‘‘(1) if achievable (as defined in section 

18 716), apparatus designed to record video pro19 gramming transmitted simultaneously with 

20 sound, if such apparatus is manufactured in the 

21 United States or imported for use in the United 

22 States, enable the rendering or the pass 

23 through of closed captions, video description 

24 signals, and emergency information (as that 

25 term is defined in section 79.2 of title 47, Code 
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1 of Federal Regulations) such that viewers are 

2 able to activate and de-activate the closed cap3 tions and video description as the video pro4 gramming is played back on a picture screen of 

5 any size; and 

6 ‘‘(2) interconnection mechanisms and 

7 standards for digital video source devices are 

8 available to carry from the source device to the 

9 consumer equipment the information necessary 

10 to permit or render the display of closed cap11 tions and to make encoded video description 

12 and emergency information audible.’’. 

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

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

15 amended— 

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

17 and inserting ‘‘303(u) and (z)’’; 

18 (2) by striking the second sentence and insert19 ing the following: ‘‘Such rules shall provide perform20 ance and display standards for such built-in decoder 

21 circuitry or capability designed to display closed cap22 tioned video programming, the transmission and de23 livery of video description services, and the convey24 ance of emergency information as required by sec25 tion 303 of this Act.’’; and 
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1 (3) in the fourth sentence, by striking ‘‘closed2 captioning service continues’’ and inserting ‘‘closed3 captioning service and video description service con4 tinue’’. 

5 (d) IMPLEMENTING REGULATIONS.—The Federal 

6 Communications Commission shall prescribe such regula7 tions as are necessary to implement the requirements of 

8 sections 303(u), 303(z), and 330(b) of the Communica9 tions Act of 1934, as amended by this section, including 

10 any technical standards, protocols, and procedures needed 

11 for the transmission of— 

12 (1) closed captioning within 6 months after the 

13 submission to the Commission of the Advisory Com14 mittee report required by section 201(e)(1); and 

15 (2) video description and emergency informa16 tion within 18 months after the submission to the 

17 Commission of the Advisory Committee report re18 quired by section 201(e)(2). 

19 (e) ALTERNATE MEANS OF COMPLIANCE.—An entity 

20 may meet the requirements of sections 303(u), 303(z), 

21 and 330(b) of the Communications Act of 1934 through 

22 alternate means than those prescribed by regulations pur23 suant to subsection (d) if the requirements of those sec24 tions are met, as determined by the Commission. 
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1 SEC. 204. USER INTERFACES ON DIGITAL APPARATUS. 

2 (a) AMENDMENT.—Section 303 of the Communica3 tions Act of 1934 (47 U.S.C. 303) is further amended by 

4 adding after subsection (z), as added by section 203 of 

5 this Act, the following new subsection: 

6 ‘‘(aa) Require— 

7 ‘‘(1) if achievable (as defined in section 

8 716) that digital apparatus designed to receive 

9 or play back video programming transmitted in 

10 digital format simultaneously with sound, in11 cluding apparatus designed to receive or display 

12 video programming transmitted in digital for13 mat using Internet protocol, be designed, devel14 oped, and fabricated so that control of appro15 priate built-in apparatus functions are acces16 sible to and usable by individuals who are blind 

17 or visually impaired, except that the Commis18 sion may not specify the technical standards, 

19 protocols, procedures, and other technical re20 quirements for meeting this requirement; 

21 ‘‘(2) that if on-screen text menus or other 

22 visual indicators built in to the digital appa23 ratus are used to access the functions of the ap24 paratus described in paragraph (1), such func25 tions shall be accompanied by audio output that 

26 is either integrated or peripheral to the appa-
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1 ratus, so that such menus or indicators are ac2 cessible to and usable by individuals who are 

3 blind or visually impaired in real-time; 

4 ‘‘(3) that for such apparatus equipped with 

5 the functions described in paragraphs (1) and 

6 (2) built in access to those closed captioning 

7 and video description features through a mecha8 nism that is reasonably comparable to a button, 

9 key, or icon designated by activating the closed 

10 captioning or accessibility features; and 

11 ‘‘(4) that in applying this subsection the 

12 term ‘apparatus’ does not include a navigation 

13 device, as such term is defined in section 

14 76.1200 of the Commission’s rules (47 CFR 

15 76.1200).’’. 

16 (b) IMPLEMENTING REGULATIONS.—Within 18 

17 months after the submission to the Commission of the Ad18 visory Committee report required by section 201(e)(2), the 

19 Commission shall prescribe such regulations as are nec20 essary to implement the amendments made by subsection 

21 (a). 

22 (c) ALTERNATE MEANS OF COMPLIANCE.—An entity 

23 may meet the requirements of section 303(aa) of the Com24 munications Act of 1934 through alternate means than 

25 those prescribed by regulations pursuant to subsection (b) 
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1 if the requirements of those sections are met, as deter2 mined by the Commission. 

3 (d) DEFERRAL OF COMPLIANCE WITH ATSC MOBILE

4 DTV STANDARD A/153.—A digital apparatus designed 

5 and manufactured to receive or play back the Advanced 

6 Television Systems Committee’s Mobile DTV Standards 

7 A/153 shall not be required to meet the requirements of 

8 the regulations prescribed under subsection (b) for a pe9 riod of not less than 24 months after the date on which 

10 the final regulations are published in the Federal Register. 

11 SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND 

12 MENUS PROVIDED ON NAVIGATION DEVICES. 

13 (a) AMENDMENT.—Section 303 of the Communica14 tions Act of 1934 (47 U.S.C. 303) is further amended by 

15 adding after subsection (aa), as added by section 204 of 

16 this Act, the following new subsection: 

17 ‘‘(bb) Require— 

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

19 that the on-screen text menus and guides provided 

20 by navigation devices (as such term is defined in sec21 tion 76.1200 of title 47, Code of Federal Regula22 tions) for the display or selection of multichannel 

23 video programming are audibly accessible in real24 time upon request by individuals who are blind or 

25 visually impaired, except that the Commission may 
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1 not specify the technical standards, protocols, proce2 dures, and other technical requirements for meeting 

3 this requirement; and 

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

5 captioning capability, that access to that capability 

6 through a mechanism is reasonably comparable to a 

7 button, key, or icon designated for activating the 

8 closed captioning, or accessibility features. 

9 With respect to apparatus features and functions delivered 

10 in software, the requirements set forth in this subsection 

11 shall apply to the manufacturer of such software. With 

12 respect to apparatus features and functions delivered in 

13 hardware, the requirements set forth in this subsection 

14 shall apply to the manufacturer of such hardware.’’. 

15 (b) IMPLEMENTING REGULATIONS.— 

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

17 submission to the Commission of the Advisory Com18 mittee report required by section 201(e)(2), the 

19 Commission shall prescribe such regulations as are 

20 necessary to implement the amendment made by 

21 subsection (a). 

22 (2) EXEMPTION.—Such regulations may pro23 vide an exemption from the regulations for cable sys24 tems serving 20,000 or fewer subscribers. 
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1 (3) RESPONSIBILITY.—An entity shall only be 

2 responsible for compliance with the requirements 

3 added by this section with respect to navigation de4 vices that it provides to a requesting blind or vis5 ually impaired individual. 

6 (4) SEPARATE EQUIPMENT OR SOFTWARE.— 

7 (A) IN GENERAL.—Such regulations shall 

8 permit but not require the entity providing the 

9 navigation device to the requesting blind or vis10 ually impaired individual to comply with section 

11 303(bb)(1) of the Communications Act of 1934 

12 through that entity’s use of software, a periph13 eral device, specialized consumer premises 

14 equipment, a network-based service or other so15 lution, and shall provide the maximum flexi16 bility to select the manner of compliance. 

17 (B) REQUIREMENTS.—If an entity com18 plies with section 303(bb)(1) of the Commu19 nications Act of 1934 under subparagraph (A), 

20 the entity providing the navigation device to the 

21 requesting blind or visually impaired individual 

22 shall provide any such software, peripheral de23 vice, equipment, service, or solution at no addi24 tional charge and within a reasonable time to 

25 such individual and shall ensure that such soft-
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1 ware, device, equipment, service, or solution 

2 provides the access required by such regula3 tions. 

4 (5) USER CONTROLS FOR CLOSED CAP5 TIONING.—Such regulations shall permit the entity 

6 providing the navigation device maximum flexibility 

7 in the selection of means for compliance with section 

8 303(bb)(2) of the Communications Act of 1934 (as 

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

10 (6) PHASE-IN.— 

11 (A) IN GENERAL.—The Commission shall 

12 provide affected entities with— 

13 (i) not less than 2 years after the 

14 adoption of such regulations to begin plac15 ing in service devices that comply with the 

16 requirements of section 303(bb)(2) of the 

17 Communications Act of 1934 (as added by 

18 subsection (a) of this section); and 

19 (ii) not less than 3 years after the 

20 adoption of such regulations to begin plac21 ing in service devices that comply with the 

22 requirements of section 303(bb)(1) of the 

23 Communications Act of 1934 (as added by 

24 subsection (a) of this section). 
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1 (B) APPLICATION.—Such regulations shall 

2 apply only to devices manufactured or imported 

3 on or after the respective effective dates estab4 lished in subparagraph (A). 

5 SEC. 206. DEFINITIONS. 

6 In this title: 

7 (1) ADVISORY COMMITTEE.—The term ‘‘Advi8 sory Committee’’ means the advisory committee es9 tablished in section 201. 

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

11 the Chairman of the Federal Communications Com12 mission. 

13 (3) COMMISSION.—The term ‘‘Commission’’ 

14 means the Federal Communications Commission. 

15 (4) EMERGENCY INFORMATION.—The term 

16 ‘‘emergency information’’ has the meaning given 

17 such term in section 79.2 of title 47, Code of Fed18 eral Regulations. 

19 (5) INTERNET PROTOCOL.—The term ‘‘Internet 

20 protocol’’ includes Transmission Control Protocol 

21 and a successor protocol or technology to Internet 

22 protocol. 

23 (6) NAVIGATION DEVICE.—The term ‘‘naviga24 tion device’’ has the meaning given such term in sec-
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1 tion 76.1200 of title 47, Code of Federal Regula2 tions. 

3 (7) VIDEO DESCRIPTION.—The term ‘‘video de4 scription’’ has the meaning given such term in sec5 tion 713 of the Communications Act of 1934 (47 

6 U.S.C. 613). 

7 (8) VIDEO PROGRAMMING.—The term ‘‘video 

8 programming’’ has the meaning given such term in 

9 section 713 of the Communications Act of 1934 (47 

10 U.S.C. 613). 

Passed the Senate August 6, 2010. 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION S. 3304 

AN ACT 

To increase the access of persons with disabilities 

to modern communications, and for other purposes.