II 

Calendar No. 513 

111TH CONGRESS 

2D SESSION H. R. 3101 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2010 

Received 

AUGUST 5, 2010 

Read twice and placed on the calendar 

AN ACT 

To ensure that individuals with disabilities have access to 

emerging Internet Protocol-based communication and 

video programming technologies in the 21st century. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Twenty-First Century Communications and Video Acces6 sibility Act of 2010’’. 

7 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Limitation on liability. 

Sec. 3. Proprietary technology. 


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TITLE I—COMMUNICATIONS ACCESS 

Sec. 101. Definitions. 

Sec. 102. Hearing aid compatibility. 

Sec. 103. Relay services. 

Sec. 104. Access to internet-based services and equipment. 

Sec. 105. Emergency Access Advisory Committee. 

Sec. 106. Relay services for deaf-blind individuals. 

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. 

TITLE III—PAYGO COMPLIANCE 

Sec. 301. PAYGO Compliance. 

1 SEC. 2. LIMITATION ON LIABILITY. 

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

3 (b), no person shall be liable for a violation of the require4 ments of this Act (or of the provisions of the Communica5 tions Act of 1934 that are amended or added by this Act) 

6 with respect to video programming, online content, appli7 cations, services, advanced communications services, or 

8 equipment used to provide or access advanced communica9 tions services to the extent such person— 

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

11 or transient storage the communications made avail12 able through the provision of advanced communica13 tions services by a third party; or 

14 (2) provides an information location tool, such 

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

16 guide, user interface, or hypertext link, through 


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1 which an end user obtains access to such video pro2 gramming, online content, applications, services, ad3 vanced communications services, or equipment used 

4 to provide or access advanced communications serv5 ices. 

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

7 subsection (a) shall not apply to any person to the extent 

8 such person relies on third party applications, services, 

9 software, hardware, or equipment to comply with the re10 quirements of this Act (or of the provisions of the Commu11 nications Act of 1934 that are amended or added by this 

12 Act). 

13 SEC. 3. PROPRIETARY TECHNOLOGY. 

14 No action taken by the Commission to implement the 

15 requirements of this Act or the amendments made by this 

16 Act shall mandate the use or incorporation of proprietary 

17 technology. 

18 TITLE I—COMMUNICATIONS 

19 ACCESS 

20 SEC. 101. DEFINITIONS. 

21 Section 3 of the Communications Act of 1934 (47 

22 U.S.C. 153) is amended— 

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

24 paragraphs: 


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1 ‘‘(53) ADVANCED COMMUNICATIONS SERV2 ICES.—The term ‘advanced communications services’ 

3 means— 

4 ‘‘(A) interconnected VoIP service; 

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

6 ‘‘(C) electronic messaging service; and 

7 ‘‘(D) video conferencing service. 

8 ‘‘(54) DISABILITY.—The term ‘disability’ has 

9 the meaning given such term under section 3 of the 

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

11 12102). 

12 ‘‘(55) ELECTRONIC MESSAGING SERVICE.—The 

13 term ‘electronic messaging service’ means a service 

14 that provides non-voice messages in text form be15 tween individuals over communications networks. 

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

17 term ‘interconnected VoIP service’ has the meaning 

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

19 of Federal Regulations, as such section may be 

20 amended from time to time. 

21 ‘‘(57) NON-INTERCONNECTED VOIP SERVICE.— 

22 The term ‘non-interconnected VoIP service’— 

23 ‘‘(A) means a service that— 

24 ‘‘(i) enables real-time voice commu25 nications that originate from or terminate 


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1 to the user’s location using Internet pro2 tocol or any successor protocol; and 

3 ‘‘(ii) requires Internet protocol com4 patible customer premises equipment; and 

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

6 an interconnected VoIP service. 

7 ‘‘(58) VIDEO CONFERENCING SERVICE.—The 

8 term ‘video conferencing service’ means a service 

9 that provides real-time video communications, in10 cluding audio, to enable users to share information 

11 of the user’s choosing.’’; and 

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

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

14 section in alphabetical order based on the headings 

15 of such paragraphs and renumbering such para16 graphs as so reordered. 

17 SEC. 102. HEARING AID COMPATIBILITY. 

18 (a) COMPATIBILITY REQUIREMENTS.— 

19 (1) TELEPHONE SERVICE FOR THE DIS20 ABLED.—Section 710(b)(1) of the Communications 

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

22 read as follows: 

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

24 and subsection (c), the Commission shall require that cus25 tomer premises equipment described in this paragraph 


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1 provide internal means for effective use with hearing aids 

2 that are designed to be compatible with telephones which 

3 meet established technical standards for hearing aid com4 patibility. Customer premises equipment described in this 

5 paragraph are the following: 

6 ‘‘(A) All essential telephones. 

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

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

9 after the date of enactment of the Hearing Aid 

10 Compatibility Act of 1988 or imported for use in the 

11 United States more than one year after such date. 

12 ‘‘(C) All customer premises equipment used 

13 with advanced communications services that is de14 signed to provide 2-way voice communications via a 

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

16 manner functionally equivalent to a telephone, sub17 ject to the regulations prescribed by the Commission 

18 under subsection (e).’’. 

19 (2) ADDITIONAL AMENDMENTS.—Section 

20 710(b) of the Communications Act of 1934 (47 

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

22 (A) in paragraph (2)— 

23 (i) in subparagraph (A)— 

24 (I) in the matter preceding clause 

25 (i)— 


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1 (aa) by striking ‘‘initial’’; 

2 (bb) by striking ‘‘of this 

3 subsection after the date of en4 actment of the Hearing Aid Com5 patibility Act of 1988’’; and 

6 (cc) by striking ‘‘paragraph 

7 (1)(B) of this subsection’’ and in8 serting ‘‘subparagraphs (B) and 

9 (C) of paragraph (1)’’; 

10 (II) by inserting ‘‘and’’ at the 

11 end of clause (ii); 

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

13 (IV) by redesignating clause (iv) 

14 as clause (iii); 

15 (ii) by striking subparagraph (B) and 

16 redesignating subparagraph (C) as sub17 paragraph (B); and 

18 (iii) in subparagraph (B) (as so redes19 ignated)— 

20 (I) by striking the first sentence 

21 and inserting ‘‘The Commission shall 

22 periodically assess the appropriateness 

23 of continuing in effect the exemptions 

24 for telephones and other customer 

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1 paragraph (A) of this paragraph.’’; 

2 and 

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

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

5 and inserting ‘‘subparagraph (B) or 

6 (C) of paragraph (1)’’; 

7 (B) in paragraph (4)(B)— 

8 (i) by striking ‘‘public mobile’’ and in9 serting ‘‘telephones used with public mo10 bile’’; 

11 (ii) by inserting ‘‘telephones and other 

12 customer premises equipment used in 

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

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

15 land mobile telephone service,’’ and insert16 ing ‘‘or’’; 

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

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

19 the following: ‘‘, or any functionally equiva20 lent unlicensed wireless services’’; and 

21 (C) in paragraph (4)(C)— 

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

23 services’ ’’ and inserting ‘‘term ‘telephones 

24 used with private radio services’ ’’; and 


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1 (ii) by inserting ‘‘telephones and other 

2 customer premises equipment used in 

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

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

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

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

7 or other customer premises equipment that is compliant 

8 with relevant technical standards developed through a 

9 public participation process and in consultation with inter10 ested consumer stakeholders (designated by the Commis11 sion for the purposes of this section) will be considered 

12 hearing aid compatible for purposes of this section, until 

13 such time as the Commission may determine otherwise. 

14 The Commission shall consult with the public, including 

15 people with hearing loss, in establishing or approving such 

16 technical standards. The Commission may delegate this 

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

18 Commission shall remain the final arbiter as to whether 

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

20 (c) RULEMAKING.—Section 710(e) of the Commu21 nications Act of 1934 (47 U.S.C. 610(e)) is amended— 

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

23 ‘‘loss’’; and 

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

25 ‘‘In implementing the provisions of subsection 


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

2 timetables or benchmarks to the extent necessary (1) 

3 due to technical feasibility, or (2) to ensure the mar4 ketability or availability of new technologies to 

5 users.’’. 

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

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

8 amended to read as follows: 

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

10 Twenty-First Century Communications and Video Accessi11 bility Act of 2010 shall be construed to modify the Com12 mission’s regulations set forth in section 20.19 of title 47 

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

14 date of enactment of such Act.’’. 

15 SEC. 103. RELAY SERVICES. 

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

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

18 is amended to read as follows: 

19 ‘‘(3) TELECOMMUNICATIONS RELAY SERV20 ICES.—The term ‘telecommunications relay services’ 

21 means telephone transmission services that provide 

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

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

24 engage in communication by wire or radio with one 

25 or more individuals, in a manner that is functionally 


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1 equivalent to the ability of a hearing individual who 

2 does not have a speech disability to communicate 

3 using voice communication services by wire or 

4 radio.’’. 

5 (b) INTERNET PROTOCOL-BASED RELAY SERV6 ICES.—Title VII of such Act (47 U.S.C. 601 et seq.) is 

7 amended by adding at the end the following new section: 

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

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

10 Twenty-First Century Communications and Video Accessi11 bility Act of 2010, each interconnected VoIP service pro12 vider and each provider of non-interconnected VoIP serv13 ice shall participate in and contribute to the Telecommuni14 cations Relay Services Fund established in section 

15 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, 

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

17 manner prescribed by the Commission by regulation to 

18 provide for obligations of such providers that are con19 sistent with and comparable to the obligations of other 

20 contributors to such Fund.’’. 

21 (c) TELECOMMUNICATIONS RELAY SERVICES POLICY

22 ADVISORY COUNCIL.—Section 225 of the Communications 

23 Act of 1934 (47 U.S.C. 225) is amended by adding at 

24 the end the following new subsection: 


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1 ‘‘(h) TELECOMMUNICATIONS RELAY SERVICES POL2 ICY ADVISORY COUNCIL.— 

3 ‘‘(1) IN GENERAL.—Not later than 6 months 

4 after the date of enactment of the Twenty-First 

5 Century Communications and Video Accessibility 

6 Act of 2010, the Chairman of the Commission shall 

7 establish an advisory committee to be known as the 

8 Telecommunications Relay Services Policy Advisory 

9 Council (in this section referred to as the ‘Policy Ad10 visory Council’) and shall require the Policy Advi11 sory Council— 

12 ‘‘(A) to conduct their meetings in a man13 ner that is open to the public; 

14 ‘‘(B) to make a complete and comprehen15 sive record of such proceedings publicly avail16 able; 

17 ‘‘(C) to establish safeguards to identify 

18 and mitigate conflicts of interest with respect to 

19 members of the Policy Advisory Council; and 

20 ‘‘(D) to advise the Commission in the de21 velopment or proposal of any major changes or 

22 new rules relating to telecommunications relay 

23 services. 

24 ‘‘(2) MEMBERSHIP.—As soon as practicable 

25 after the date of enactment of the Twenty-First 


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1 Century Communications and Video Accessibility 

2 Act of 2010, the Chairman of the Commission shall 

3 appoint the members of the Policy Advisory Council, 

4 ensuring a balance between potential consumers and 

5 other stakeholders. Members of the Policy Advisory 

6 Council shall be selected from each of the following 

7 groups: 

8 ‘‘(A) Individuals who are consumers of 

9 telecommunications relay services. 

10 ‘‘(B) Representatives of State commissions 

11 with jurisdiction over intrastate telecommuni12 cations relay services. 

13 ‘‘(C) Representatives of providers of tele14 communications relay services. 

15 ‘‘(3) COLLECTION AND DISSEMINATION OF IN16 FORMATION AND ADVICE.—The Commission— 

17 ‘‘(A) shall seek the advice of the Policy Ad18 visory Council in assisting the Commission in 

19 developing or proposing any major changes or 

20 issuing any new rules relating to telecommuni21 cations relay services; and 

22 ‘‘(B) shall, with the advice of the Policy 

23 Advisory Council, make all regulations, rules, 

24 and orders relating to telecommunications relay 


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1 services fully and easily accessible to consumers 

2 of such services. 

3 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.— 

4 The Federal Advisory Committee Act (5 U.S.C. 

5 App.) shall not apply to the Policy Advisory Coun6 cil.’’. 

7 (d) FOLLOWUP PROCEEDING.—Section 225 of the 

8 Communications Act of 1934 (47 U.S.C. 225), as amend9 ed by subsection (c), is further amended by adding after 

10 subsection (h) the following new subsection: 

11 ‘‘(i) FOLLOWUP PROCEEDING.— 

12 ‘‘(1) IN GENERAL.—Not later than 30 months 

13 after the date of enactment of the Twenty-First 

14 Century Communications and Video Accessibility 

15 Act of 2010, the Commission, in consultation with 

16 all relevant Federal agencies, shall submit to the 

17 Committee on Commerce, Science, and Transpor18 tation of the Senate and the Committee on Energy 

19 and Commerce of the House of Representatives a re20 port— 

21 ‘‘(A) concerning how the Commission is 

22 ensuring that telecommunications relay service 

23 customers have access to improved technologies, 

24 interoperability, and functionalities; and 


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1 ‘‘(B) identifying impediments to the broad 

2 and efficient use of telecommunications relay 

3 services in the workplace. 

4 ‘‘(2) SUGGESTIONS FOR WORKPLACE ADOP5 TION.—The Commission shall develop suggestions to 

6 facilitate broader and more efficient use of tele7 communications relay services in the workplace, in8 cluding suggestions for facilitating the replacement 

9 of outdated end-user telecommunications relay serv10 ices equipment in public places and government of11 fices.’’. 

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

13 EQUIPMENT. 

14 (a) TITLE VII AMENDMENT.—Title VII of the Com15 munications Act of 1934 (47 U.S.C. 601 et seq.), as 

16 amended by section 103, is further amended by adding 

17 at the end the following new sections: 

18 ‘‘SEC. 716. ACCESS TO INTERNET-BASED EQUIPMENT AND 

19 SERVICES. 

20 ‘‘(a) ACCESS TO EQUIPMENT.— 

21 ‘‘(1) RIGHT TO ACCESSIBLE EQUIPMENT.— 

22 With respect to equipment manufactured after the 

23 effective date of the regulations established pursuant 

24 to this section, and subject to those regulations, a 

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1 munications, including end user equipment, network 

2 equipment, and software, shall ensure that such 

3 equipment that such manufacturer offers for sale or 

4 otherwise distributes in interstate commerce shall be 

5 accessible to and usable by individuals with disabil6 ities, unless doing so is not achievable. 

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

8 of equipment may satisfy the requirements of para9 graph (1) with respect to such equipment by— 

10 ‘‘(A) ensuring that the equipment that 

11 such manufacturer offers is accessible to and 

12 usable by individuals with disabilities without 

13 the use of third party applications, peripheral 

14 devices, software, hardware, or customer prem15 ises equipment; or 

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

17 third party applications, peripheral devices, 

18 software, hardware, or customer premises 

19 equipment that is available to the consumer at 

20 nominal cost and that individuals with disabil21 ities can access. 

22 ‘‘(b) ACCESS TO SERVICES.— 

23 ‘‘(1) RIGHT TO ACCESSIBLE SERVICES.—With 

24 respect to advanced communications services offered 

25 after the effective date of the regulations established 


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1 pursuant to this section, and subject to those regula2 tions, a provider of services used for advanced com3 munications shall ensure that such services that 

4 such provider offers for sale or otherwise distributes 

5 in interstate commerce shall be accessible to and us6 able by individuals with disabilities, unless doing so 

7 is not achievable. 

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

9 services may satisfy the requirements of paragraph 

10 (1) with respect to such services by— 

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

12 provider offers are accessible to and usable by 

13 individuals with disabilities without the use of 

14 third party applications, peripheral devices, 

15 software, hardware, or customer premises 

16 equipment; or 

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

18 party applications, peripheral devices, software, 

19 hardware, or customer premises equipment that 

20 is available to the consumer at nominal cost 

21 and that individuals with disabilities can access. 

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

23 subsection (a) are not achievable for a manufacturer, or 

24 the requirements of subsection (b) are not achievable for 

25 a provider, a manufacturer or provider shall ensure that 


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1 its equipment or service is compatible with peripheral de2 vices or specialized customer premises equipment com3 monly used by individuals with disabilities to achieve ac4 cess, unless the requirement of this subsection is not 

5 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 impede accessibility or usability 

10 of advanced communications services. 

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; and 

9 ‘‘(C) determine the obligations under this 

10 section of manufacturers, service providers, and 

11 providers of applications. 

12 ‘‘(2) PROSPECTIVE GUIDELINES.—The Commis13 sion shall issue prospective guidelines for a manufac14 turer or provider regarding the requirements of this 

15 section. 

16 ‘‘(f) SERVICES AND EQUIPMENT SUBJECT TO SEC17 TION 255.—The requirements of this section shall not 

18 apply to any equipment or services, including inter19 connected VoIP service, that are subject to the require20 ments of section 255 on the day before the date of enact21 ment of the Twenty-First Century Communications and 

22 Video Accessibility Act of 2010. Such services and equip23 ment shall remain subject to the requirements of section 

24 255. 


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

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

3 reasonable effort or expense, as determined by the Com4 mission. In determining whether the requirements of a 

5 provision are achievable, the Commission shall consider 

6 the following factors: 

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

8 to meet the requirements of this section with respect 

9 to the specific equipment or service in question. 

10 ‘‘(2) The impact on the operations of the manu11 facturer or provider and on the operation of the spe12 cific equipment or service in question, including on 

13 the development and deployment of new communica14 tions technologies. 

15 ‘‘(3) The financial resources of the manufac16 turer or provider. 

17 ‘‘(4) The type of operations of the manufac18 turer or provider. 

19 ‘‘(5) The extent to which the service provider or 

20 manufacturer in question offers accessible services 

21 or equipment containing varying degrees of 

22 functionality and features, and offered at differing 

23 price points. 

24 ‘‘(h) COMMISSION FLEXIBILITY.— 


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

2 authority, on its own motion or in response to a pe3 tition by a manufacturer or provider, to waive the 

4 requirements of this section for any feature or func5 tion of equipment used to provide or access ad6 vanced communications services, or for any class of 

7 such equipment, that— 

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

9 communications service; and 

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

11 is designed primarily for purposes other than 

12 using advanced communications services. 

13 ‘‘(2) SMALL ENTITY EXEMPTION.—The Com14 mission may exempt small entities from the require15 ments of this section. 

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

17 provisions of this section shall not apply to customized 

18 equipment or services that are not offered directly to the 

19 public, or to such classes of users as to be effectively avail20 able directly to the public, regardless of the facilities used. 

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

22 not be construed to require a manufacturer of equipment 

23 used for advanced communications or a provider of ad24 vanced communications services to make every feature and 


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1 function of every device or service accessible for every dis2 ability. 

3 ‘‘SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGA4 TIONS. 

5 ‘‘(a) COMPLAINT AND ENFORCEMENT PROCE6 DURES.—Within one year after the date of enactment of 

7 the Twenty-First Century Communications and Video Ac8 cessibility Act of 2010, the Commission shall establish reg9 ulations that facilitate the filing of formal and informal 

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

11 718, establish procedures for enforcement actions by the 

12 Commission with respect to such violations, and imple13 ment the recordkeeping obligations of paragraph (5) for 

14 manufacturers and providers subject to such sections. 

15 Such regulations shall include the following provisions: 

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

17 charge any fee to an individual who files a complaint 

18 alleging a violation of section 255, 716, or 718. 

19 ‘‘(2) RECEIPT OF COMPLAINTS.—The Commis20 sion shall establish separate and identifiable elec21 tronic, telephonic, and physical receptacles for the 

22 receipt of complaints filed under section 255, 716, 

23 or 718. 

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


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

2 violation of section 255, 716, or 718 by a man3 ufacturer of equipment or provider of service 

4 subject to such sections may file a formal or in5 formal complaint with the Commission. 

6 ‘‘(B) INVESTIGATION OF INFORMAL COM7 PLAINT.—The Commission shall investigate the 

8 allegations in an informal complaint and, within 

9 180 days after the date on which such com10 plaint was filed with the Commission, issue an 

11 order concluding the investigation, unless such 

12 complaint is resolved before such time. The 

13 order shall include a determination whether any 

14 violation occurred. 

15 ‘‘(i) VIOLATION.—If the Commission 

16 determines that a violation has occurred, 

17 the Commission may, in the order issued 

18 under this subparagraph or in a subse19 quent order, require the manufacturer or 

20 service provider to take such action as is 

21 necessary to comply with the requirements 

22 of this section. 

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1 curred, the Commission shall provide the 

2 basis for such determination. 

3 ‘‘(C) CONSOLIDATION OF COMPLAINTS.— 

4 The Commission may consolidate for investiga5 tion and resolution complaints alleging substan6 tially the same violation. 

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

8 Commission makes a determination pursuant to 

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

10 complaint shall have a reasonable opportunity to re11 spond to such complaint, and may include in such 

12 response any factors that are relevant to such deter13 mination. 

14 ‘‘(5) RECORDKEEPING.— 

15 ‘‘(A) IN GENERAL.—Beginning one year 

16 after the effective date of regulations promul17 gated pursuant to section 716(e), each manu18 facturer and provider subject to sections 255, 

19 716, or 718 shall maintain, in the ordinary 

20 course of business and for a reasonable period, 

21 records of any efforts taken by such manufac22 turer or provider to implement sections 255, 

23 716, or 718, including the following: 


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1 ‘‘(i) Information about the manufac2 turer’s or provider’s efforts to consult with 

3 individuals with disabilities. 

4 ‘‘(ii) Descriptions of the accessibility 

5 features of its products and services. 

6 ‘‘(iii) Information about the compat7 ibility of such products and services with 

8 peripheral devices or specialized customer 

9 premise equipment commonly used by indi10 viduals with disabilities to achieve access. 

11 ‘‘(B) SUBMISSION OF ANNUAL CERTIFI12 CATION.—An officer of a manufacturer or pro13 vider shall submit to the Commission an annual 

14 certification that records are being kept in ac15 cordance with subparagraph (A). 

16 ‘‘(C) COMMISSION REQUEST FOR

17 RECORDS.—After the filing of a formal or infor18 mal complaint against a manufacturer or pro19 vider in the manner prescribed in paragraph 

20 (3), the Commission may request, and shall 

21 keep confidential, a copy of the records main22 tained by such manufacturer or provider pursu23 ant to subparagraph (A) of this paragraph that 

24 are directly relevant to the equipment or service 

25 that is the subject of such complaint. 


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

2 fails to carry out any of its responsibilities to act 

3 upon a complaint in the manner prescribed in para4 graph (3), the person that filed such complaint may 

5 bring an action in the nature of mandamus in the 

6 United States Court of Appeals for the District of 

7 Columbia to compel the Commission to carry out 

8 any such responsibility. 

9 ‘‘(7) COMMISSION JURISDICTION.—The limita10 tions of section 255(f) shall apply to any claim that 

11 alleges a violation of section 255, 716, or 718. Noth12 ing in this paragraph affects or limits any action for 

13 mandamus under paragraph (6) or any appeal pur14 suant to section 402(b)(10). 

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

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

17 be construed to preclude a person who files a com18 plaint and a manufacturer or provider from resolv19 ing a formal or informal complaint prior to the Com20 mission’s final determination in a complaint pro21 ceeding. In the event of such a resolution, the par22 ties shall jointly request dismissal of the complaint 

23 and the Commission shall grant such request. 

24 ‘‘(b) REPORTS TO CONGRESS.— 


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

2 date of enactment of the Twenty-First Century 

3 Communications and Video Accessibility Act of 

4 2010, the Commission shall submit to the Com5 mittee on Commerce, Science, and Transportation of 

6 the Senate and the Committee on Energy and Com7 merce of the House of Representatives a report that 

8 includes the following: 

9 ‘‘(A) An assessment of the level of compli10 ance with sections 255, 716, and 718. 

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

12 any accessibility barriers still exist with respect 

13 to new communications technologies. 

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

15 received pursuant to subsection (a) during the 

16 two years that are the subject of the report. 

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

18 resolve such complaints under this section, in19 cluding forfeiture penalties assessed. 

20 ‘‘(E) The length of time that was taken by 

21 the Commission to resolve each such complaint. 

22 ‘‘(F) The number, status, nature, and out23 come of any actions for mandamus filed pursu24 ant to subsection (a)(6) and the number, staVerDate Mar 15 2010 04:09 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3101.PCS H3101

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1 tus, nature, and outcome of any appeals filed 

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

3 ‘‘(G) An assessment of the effect of the re4 quirements of this section on the development 

5 and deployment of new communications tech6 nologies. 

7 ‘‘(2) PUBLIC COMMENT REQUIRED.—The Com8 mission shall seek public comment on its tentative 

9 findings prior to submission to the Committees of 

10 the report under this subsection. 

11 ‘‘(c) COMPTROLLER GENERAL ENFORCEMENT

12 STUDY.— 

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

14 shall conduct a study to consider and evaluate the 

15 following: 

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

17 the requirements of this section, including the 

18 Commission’s level of compliance with the dead19 lines established under and pursuant to this 

20 section and deadlines for acting on complaints 

21 pursuant to subsection (a). 

22 ‘‘(B) Whether the enforcement actions 

23 taken by the Commission pursuant to this sec24 tion have been appropriate and effective in en25 suring compliance with this section. 


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1 ‘‘(C) Whether the enforcement provisions 

2 under this section are adequate to ensure com3 pliance with this section. 

4 ‘‘(D) An assessment of the effect of the re5 quirements of this section on the development 

6 and deployment of new communications tech7 nologies. 

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

9 date of enactment of the Twenty-First Century 

10 Communications and Video Accessibility Act of 

11 2010, the Comptroller General shall submit to the 

12 Committee on Commerce, Science, and Transpor13 tation of the Senate and the Committee on Energy 

14 and Commerce of the House of Representatives a re15 port on the results of the study required by para16 graph (1), with recommendations for how the en17 forcement process and measures under this section 

18 may be modified or improved. 

19 ‘‘(d) CLEARINGHOUSE.—Within one year after the 

20 date of enactment of the Twenty-First Century Commu21 nications and Video Accessibility Act of 2010, the Com22 mission shall, in consultation with the Architectural and 

23 Transportation Barriers Compliance Board, the National 

24 Telecommunications and Information Administration, 

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1 uals with disabilities, establish a clearinghouse of informa2 tion on the availability of accessible products and services 

3 and accessibility solutions required under sections 255, 

4 716, and 718. Such information shall be made publicly 

5 available on the Commission’s website and by other 

6 means, and shall include an annually updated list of prod7 ucts and services with access features. 

8 ‘‘(e) OUTREACH AND EDUCATION.—Upon establish9 ment of the clearinghouse of information required under 

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

11 National Telecommunications and Information Adminis12 tration, shall conduct an informational and educational 

13 program designed to inform the public about the avail14 ability of the clearinghouse and the protections and rem15 edies available under sections 255, 716, and 718. 

16 ‘‘SEC. 718. INTERNET BROWSERS BUILT INTO TELEPHONES 

17 USED WITH PUBLIC MOBILE SERVICES. 

18 ‘‘(a) ACCESSIBILITY.—If a manufacturer of a tele19 phone used with public mobile services (as such term is 

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

21 browser in such telephone, or if a provider of mobile serv22 ice arranges for the inclusion of a browser in telephones 

23 to sell to customers, the manufacturer or provider shall 

24 ensure that the functions of the included browser (includ25 ing the ability to launch the browser) are accessible to and 


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1 usable by individuals who are blind or have a visual im2 pairment, unless doing so is not achievable, except that 

3 this subsection shall not impose any requirement on such 

4 manufacturer or provider— 

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

6 browser other than a browser that such manufac7 turer or provider includes or arranges to include in 

8 the telephone; or 

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

10 services accessible or usable (other than enabling in11 dividuals with disabilities to use an included browser 

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

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

14 provider may satisfy the requirements of subsection (a) 

15 with respect to such telephone or services by— 

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

17 that such manufacture or provider offers is acces18 sible to and usable by individuals with disabilities 

19 without the use of third party applications, periph20 eral devices, software, hardware, or customer prem21 ises equipment; or 

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

23 devices, software, hardware, or customer premises 

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1 nal cost and that individuals with disabilities can ac2 cess.’’. 

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

4 718 of the Communications Act of 1934, as added by sub5 section (a), shall take effect 3 years after the date of en6 actment of this Act. 

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

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

9 after subparagraph (E) the following: 

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

11 violator is a manufacturer or service provider subject to 

12 the requirements of section 255, 716, or 718, and is deter13 mined by the Commission to have violated any such re14 quirement, the manufacturer or provider shall be liable to 

15 the United States for a forfeiture penalty of not more than 

16 $100,000 for each violation or each day of a continuing 

17 violation, except that the amount assessed for any con18 tinuing violation shall not exceed a total of $1,000,000 

19 for any single act or failure to act.’’. 

20 (d) REVIEW OF COMMISSION DETERMINATIONS.— 

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

22 by adding the following new paragraph: 

23 ‘‘(10) By any person who is aggrieved or whose inter24 ests are adversely affected by a determination made by 

25 the Commission under section 717(a)(3).’’. 


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1 SEC. 105. EMERGENCY ACCESS ADVISORY COMMITTEE. 

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

3 equal access to emergency services by individuals with dis4 abilities, as a part of the migration to a national Internet 

5 protocol-enabled emergency network, not later than 60 

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

7 of the Commission shall establish an advisory committee, 

8 to be known as the Emergency Access Advisory Committee 

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

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

11 date of enactment of this Act, the Chairman of the Com12 mission shall appoint the members of the Advisory Com13 mittee, ensuring a balance between individuals with dis14 abilities and other stakeholders, and shall designate two 

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

16 of the Advisory Committee shall be selected from the fol17 lowing groups: 

18 (1) STATE AND LOCAL GOVERNMENT AND

19 EMERGENCY RESPONDER REPRESENTATIVES.—Rep20 resentatives of State and local governments and rep21 resentatives of emergency response providers, se22 lected from among individuals nominated by national 

23 organizations representing such governments and 

24 representatives. 

25 (2) SUBJECT MATTER EXPERTS.—Individuals 

26 who have the technical knowledge and expertise to 


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1 serve on the Advisory Committee in the fulfillment 

2 of its duties, including representatives of— 

3 (A) providers of interconnected and non4 interconnected VoIP services; 

5 (B) vendors, developers, and manufactur6 ers of systems, facilities, equipment, and capa7 bilities for the provision of interconnected and 

8 non-interconnected VoIP services; 

9 (C) national organizations representing in10 dividuals with disabilities and senior citizens; 

11 (D) Federal agencies or departments re12 sponsible for the implementation of the Next 

13 Generation E 9–1–1 system; 

14 (E) the National Institute of Standards 

15 and Technology; and 

16 (F) other individuals with such technical 

17 knowledge and expertise. 

18 (3) REPRESENTATIVES OF OTHER STAKE19 HOLDERS AND INTERESTED PARTIES.—Representa20 tives of such other stakeholders and interested and 

21 affected parties as the Chairman of the Commission 

22 determines appropriate. 

23 (c) DEVELOPMENT OF RECOMMENDATIONS.—Within 

24 one year after the completion of the member appointment 

25 process by the Chairman of the Commission pursuant to 


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1 subsection (b), the Advisory Committee shall develop and 

2 submit to the Commission recommendations to implement 

3 such technologies and methods, including recommenda4 tions— 

5 (1) with respect to what actions are necessary 

6 as a part of the migration to a national Internet 

7 protocol-enabled network to achieve reliable, inter8 operable communication transmitted over such net9 work that will ensure access to emergency services 

10 by individuals with disabilities; 

11 (2) for protocols, technical capabilities, and 

12 technical requirements to ensure reliability and 

13 interoperability necessary to ensure access to emer14 gency services by individuals with disabilities; 

15 (3) for the establishment of technical standards 

16 for use by public safety answering points, designated 

17 default answering points, and local emergency au18 thorities; 

19 (4) for relevant technical standards and re20 quirements for communication devices and equip21 ment and technologies to enable the use of reliable 

22 emergency access; 

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

24 network providers to ensure that such providers do 


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1 not install features, functions, or capabilities that 

2 would conflict with technical standards; 

3 (6) for deadlines by which providers of inter4 connected and non-interconnected VoIP services and 

5 manufacturers of equipment used for such services 

6 shall achieve the actions required in paragraphs (1) 

7 through (5), and for the possible phase out of the 

8 use of current-generation TTY technology to the ex9 tent that this technology is replaced with more effec10 tive and efficient technologies and methods to enable 

11 access to emergency services by individuals with dis12 abilities; and 

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

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

15 and E–911 services, as such term is defined in sec16 tion 158 of the National Telecommunications and 

17 Information Administration Organization Act (47 

18 U.S.C. 942), for users of telecommunications relay 

19 services as new technologies and methods for pro20 viding such relay services are adopted by providers 

21 of such relay services. 

22 (d) MEETINGS.— 

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

24 the Advisory Committee shall take place not later 

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

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

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

7 are completed and submitted. 

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

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

11 to the public. 

12 (e) PROCEDURAL RULES.— 

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

14 Advisory Committee shall constitute a quorum for 

15 conducting business of the Advisory Committee. 

16 (2) SUBCOMMITTEES.—To assist the Advisory 

17 Committee in carrying out its functions, the chair 

18 may establish appropriate subcommittees composed 

19 of members of the Advisory Committee and other 

20 subject matter experts as determined to be nec21 essary. 

22 (3) ADDITIONAL PROCEDURAL RULES.—The 

23 Advisory Committee may adopt other procedural 

24 rules as needed. 


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1 (f) FEDERAL ADVISORY COMMITTEE ACT.—The 

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

3 apply to the Advisory Committee. 

4 (g) IMPLEMENTING RECOMMENDATIONS.—The Com5 mission shall have the authority to promulgate regulations 

6 to implement the recommendations proposed by the Advi7 sory Committee, as well as any other regulations as are 

8 necessary to achieve reliable, interoperable communication 

9 that ensures access by individuals with disabilities to an 

10 Internet protocol-enabled emergency network. 

11 (h) SURVEY.—Not later than 30 months after the 

12 date of enactment of this Act, the Commission shall con13 duct and publish the results of a national survey of indi14 viduals with disabilities concerning real time text, 

15 geolocation services, instant messaging services, and mo16 bile telecommunications relay services. The survey shall 

17 seek to determine what individuals with disabilities believe 

18 to be the most effective and efficient technologies and 

19 methods by which to enable access to emergency services 

20 by individuals with disabilities. 

21 (i) DEFINITIONS.—In this section— 

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

23 Communications Commission; 

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

25 of the Federal Communications Commission; and 


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1 (3) except as otherwise expressly provided, 

2 other terms have the meanings given such terms in 

3 section 3 of the Communications Act of 1934 (47 

4 U.S.C. 153). 

5 SEC. 106. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS. 

6 Title VII of the Communications Act of 1934 (47 

7 U.S.C. 601 et seq.), as amended by sections 103 and 104, 

8 is further amended by adding at the end the following: 

9 ‘‘SEC. 719. RELAY SERVICES FOR DEAF-BLIND INDIVID10 UALS. 

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

12 of enactment of the Twenty-First Century Communica13 tions and Video Accessibility Act of 2010, the Commission 

14 shall establish rules that define as eligible for relay service 

15 support those programs that are approved by the Commis16 sion for the distribution of specialized customer premises 

17 equipment designed to make telecommunications service, 

18 Internet access service, and advanced communications, in19 cluding interexchange services and advanced telecommuni20 cations and information services, accessible by low-income 

21 individuals who are deaf-blind. 

22 ‘‘(b) INDIVIDUALS WHO ARE DEAF-BLIND DE23 FINED.—For purposes of this section, the term ‘individ24 uals who are deaf-blind’ has the meaning given such term 


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1 in section 206 of the Helen Keller National Center Act 

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

3 ‘‘(c) ANNUAL AMOUNT.—The total amount of sup4 port the Commission may provide from its Telecommuni5 cations Relay Services Fund for any fiscal year may not 

6 exceed $10,000,000.’’. 

7 TITLE II—VIDEO PROGRAMMING 

8 SEC. 201. VIDEO PROGRAMMING AND EMERGENCY ACCESS 

9 ADVISORY COMMITTEE. 

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

11 the date of enactment of this Act, the Chairman shall es12 tablish an advisory committee to be known as the Video 

13 Programming and Emergency Access Advisory Com14 mittee. 

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

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

17 individuals who have the technical knowledge and engi18 neering expertise to serve on the Advisory Committee in 

19 the fulfillment of its duties, including the following: 

20 (1) Representatives of distributors and pro21 viders of video programming or national organiza22 tions representing such distributors and providers. 

23 (2) Representatives of vendors, developers, and 

24 manufacturers of systems, facilities, equipment, and 

25 capabilities for the provision of video programming 


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1 delivered using Internet protocol or a national orga2 nization representing such vendors, developers, or 

3 manufacturers. 

4 (3) Representatives of manufacturers of con5 sumer electronics or information technology equip6 ment or a national organization representing such 

7 manufacturers. 

8 (4) Representatives of national organizations 

9 representing accessibility advocates, including indi10 viduals with disabilities and the elderly. 

11 (5) Representatives of the broadcast television 

12 industry or a national organization representing 

13 such industry. 

14 (6) Other individuals with technical and engi15 neering expertise, as the Chairman determines ap16 propriate. 

17 (c) COMMISSION OVERSIGHT.—The Chairman shall 

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

19 and direct the work of the Advisory Committee. 

20 (d) TECHNICAL STAFF.—The Commission shall ap21 point a member of the Commission’s technical staff to pro22 vide technical assistance to the Advisory Committee. 

23 (e) DEVELOPMENT OF RECOMMENDATIONS.— 

24 (1) CLOSED CAPTIONING REPORT.—Within 6 

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1 visory Committee, the Advisory Committee shall de2 velop and submit to the Commission a report that 

3 includes the following: 

4 (A) An identification of the performance 

5 objectives 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 closed captions of 

11 video programming delivered using Internet 

12 protocol. 

13 (B) An identification of additional proto14 cols, technical capabilities, and technical proce15 dures beyond those available as of the date of 

16 enactment of this Act for the delivery of closed 

17 captions of video programming delivered using 

18 Internet protocol that are necessary to meet the 

19 performance objectives identified under sub20 paragraph (A). 

21 (C) A recommendation for any regulations 

22 that may be necessary to ensure compatibility 

23 between video programming delivered using 

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1 ing and displaying such programming in order 

2 to facilitate access to closed captions. 

3 (2) VIDEO DESCRIPTION, EMERGENCY INFOR4 MATION, USER INTERFACES, AND VIDEO PROGRAM5 MING GUIDES AND MENUS.—Within 18 months after 

6 the date of enactment of this Act, the Advisory 

7 Committee shall develop and submit to the Commis8 sion a report that includes the following: 

9 (A) An identification of the performance 

10 objectives for protocols, technical capabilities, 

11 and technical procedures needed to permit con12 tent providers, content distributors, Internet 

13 service providers, software developers, and de14 vice manufacturers to reliably encode, trans15 port, receive, and render video descriptions of 

16 video programming and emergency information 

17 delivered using Internet protocol or digital 

18 broadcast television. 

19 (B) An identification of additional proto20 cols, technical capabilities, and technical proce21 dures beyond those available as of the date of 

22 enactment of this Act for the delivery of video 

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1 ance objectives identified under subparagraph 

2 (A). 

3 (C) A recommendation for any regulations 

4 that may be necessary to ensure compatibility 

5 between video programming delivered using 

6 Internet protocol and devices capable of receiv7 ing and displaying such programming in order 

8 to facilitate access to emergency information. 

9 (D) With respect to user interfaces, a rec10 ommendation for the standards, protocols, and 

11 procedures used to enable the functions of ap12 paratus designed to receive or display video pro13 gramming transmitted simultaneously with 

14 sound (including apparatus designed to receive 

15 or display video programming transmitted by 

16 means of services using Internet protocol) to be 

17 accessible to and usable by individuals with dis18 abilities. 

19 (E) With respect to user interfaces, a rec20 ommendation for the standards, protocols, and 

21 procedures used to enable on-screen text menus 

22 and other visual indicators used to access the 

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1 sible to and usable by individuals with disabil2 ities. 

3 (F) A recommendation for the standards, 

4 protocols, and procedures used to enable the se5 lection of video programming information on an 

6 apparatus or navigation device by means of a 

7 guide or menu to be accessible in real-time by 

8 individuals who are blind or have a visual im9 pairment. 

10 (3) CONSIDERATION OF STANDARDS, PROTO11 COLS, AND PROCEDURES BY STANDARD-SETTING OR12 GANIZATIONS.—The recommendations of the Advi13 sory Committee shall, to the extent possible, incor14 porate the standards, protocols, and procedures that 

15 have been adopted by appropriate industry standard16 setting organizations for the report requirements de17 scribed in paragraphs (1) and (2). 

18 (f) MEETINGS.— 

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

20 the Advisory Committee shall take place not later 

21 than 180 days after the date of the enactment of 

22 this Act. 

23 (2) OTHER MEETINGS.—After the initial meet24 ing, the Advisory Committee shall meet at the call 

25 of the Chairman. 


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

2 held by the Advisory Committee shall be noticed at 

3 least 14 days before such meeting and shall be open 

4 to the public. 

5 (g) PROCEDURAL RULES.— 

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

7 members of the Advisory Committee shall constitute 

8 a quorum for conducting the business of the Advi9 sory Committee. 

10 (2) SUBCOMMITTEES.—To assist the Advisory 

11 Committee in carrying out its functions, the Chair12 man may establish appropriate subcommittees com13 posed of members of the Advisory Committee and 

14 other subject matter experts. 

15 (3) ADDITIONAL PROCEDURAL RULES.—The 

16 Advisory Committee may adopt other procedural 

17 rules as needed. 

18 (h) FEDERAL ADVISORY COMMITTEE ACT.—The 

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

20 apply to the Advisory Committee. 

21 SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING. 

22 (a) VIDEO DESCRIPTION.—Section 713 of the Com23 munications Act of 1934 (47 U.S.C. 613) is amended— 

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


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1 (2) by redesignating subsection (h) as sub2 section (j); and 

3 (3) by inserting after subsection (e) the fol4 lowing: 

5 ‘‘(f) VIDEO DESCRIPTION.— 

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

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

8 of the Twenty-First Century Communications and 

9 Video Accessibility Act of 2010, the Commission 

10 shall, after a rulemaking, reinstate its video descrip11 tion regulations contained in the Implementation of 

12 Video Description of Video Programming Report 

13 and Order (15 F.C.C.R. 15,230 (2000)), modified as 

14 provided in paragraph (2). 

15 ‘‘(2) MODIFICATIONS TO REINSTATED REGULA16 TIONS.—Such regulations shall be modified only as 

17 follows: 

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

19 programming, as defined in subsection (i), inso20 far as such programming is transmitted for dis21 play on television in digital format. 

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

23 of the top 25 Designated Market Areas, the list 

24 of the top 5 national nonbroadcast networks 

25 that have at least 50 hours per quarter of 


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1 prime time programming that is not exempt 

2 under this paragraph, and the designation of 

3 the beginning calendar quarter for which com4 pliance shall be calculated. 

5 ‘‘(C) The regulations may permit a pro6 vider of video programming or a program owner 

7 to petition the Commission for an exemption 

8 from the requirements of this section upon a 

9 showing that the requirements contained in this 

10 section would be economically burdensome. 

11 ‘‘(D) The Commission may exempt from 

12 the regulations established pursuant to para13 graph (1) a service, class of services, program, 

14 class of programs, equipment, or class of equip15 ment for which the Commission has determined 

16 that the application of such regulations would 

17 be economically burdensome for the provider of 

18 such service, program, or equipment. 

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

20 or near-live programming. 

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

22 appropriate phased schedule of deadlines for 

23 compliance. 

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1 mence the following inquiries not later than 1 year 

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

3 regulations and shall report to Congress 1 year 

4 thereafter on the findings for each of the following: 

5 ‘‘(A) VIDEO DESCRIPTION IN TELEVISION

6 PROGRAMMING.—The availability, use, and ben7 efits of video description on video programming 

8 distributed on television, the technical and cre9 ative issues associated with providing such video 

10 description, and the financial costs of providing 

11 such video description for providers of video 

12 programming and program owners. 

13 ‘‘(B) VIDEO DESCRIPTION IN VIDEO PRO14 GRAMMING DISTRIBUTED ON THE INTERNET.— 

15 The technical and operational issues, costs, and 

16 benefits of providing video descriptions for video 

17 programming that is delivered using Internet 

18 protocol. 

19 ‘‘(4) CONTINUING COMMISSION AUTHORITY.— 

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

21 issue additional regulations if the Commission 

22 determines, at least 2 years after completing 

23 the reports required in paragraph (3), that the 

24 need for and benefits of providing video descrip25 tions for video programming, insofar as such 


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1 programming is transmitted for display on tele2 vision, are greater than the technical and eco3 nomic costs of providing such additional pro4 gramming. If the Commission makes such a de5 termination and issues additional regulations, 

6 the Commission may increase, in total, the 

7 hours requirement for described video program8 ming, insofar as such programming is trans9 mitted for display on television, up to 75 per10 cent of the requirement in the regulations rein11 stated under paragraph (1). 

12 ‘‘(B) FURTHER REQUIREMENTS.— 

13 ‘‘(i) REPORT.—Nine years after the 

14 date of enactment of the Twenty-First 

15 Century Communications and Video Acces16 sibility Act of 2010, the Commission shall 

17 submit to the Committee on Energy and 

18 Commerce of the House of Representatives 

19 and the Committee on Commerce, Science, 

20 and Transportation of the Senate a report 

21 assessing— 

22 ‘‘(I) the types of described video 

23 programming that is available to con24 sumers; 


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1 ‘‘(II) consumer use of such pro2 gramming; 

3 ‘‘(III) the costs to program own4 ers, providers, and distributors of cre5 ating such programming; 

6 ‘‘(IV) the benefits to consumers 

7 of such programming; 

8 ‘‘(V) the amount of such pro9 gramming currently available; and 

10 ‘‘(VI) the need for additional de11 scribed programming. 

12 ‘‘(ii) INCREASED AVAILABILITY.—Ten 

13 years after the date of enactment of the 

14 Twenty-First Century Communications 

15 and Video Accessibility Act of 2010, the 

16 Commission shall have the authority, based 

17 upon the findings, conclusions, and rec18 ommendations contained in the report 

19 under clause (i), to increase the availability 

20 of such programming. 

21 ‘‘(C) APPLICATION TO DESIGNATED MAR22 KET AREAS.— 

23 ‘‘(i) IN GENERAL.—After the Commis24 sion completes the study on video descrip25 tion, the Commission shall phase in the 


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1 video description regulations for all des2 ignated market areas, except that the 

3 Commission may grant waivers to entities 

4 in specific designated market areas where 

5 it deems appropriate. 

6 ‘‘(ii) PHASE-IN DEADLINE.—The 

7 phase-in described under clause (i) shall be 

8 completed not later than 6 years after the 

9 date of enactment of the Twenty-First 

10 Century Communications and Video Acces11 sibility Act of 2010. 

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

13 year after the Video Programming and Emergency Access 

14 Advisory Committee report under section 201(e)(2) of the 

15 Twenty-First Century Communications and Video Accessi16 bility Act of 2010 is submitted to the Commission, the 

17 Commission shall complete a proceeding to— 

18 ‘‘(1) identify methods to convey emergency in19 formation (as that term is defined in section 79.2 of 

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

21 accessible to individuals who are blind or have a vis22 ual impairment; and 

23 ‘‘(2) promulgate regulations that require certain 

24 designated video programming providers and video 

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1 fined in section 79.1 of title 47, Code of Federal 

2 Regulations) and program owners to convey such 

3 emergency information in a manner accessible to in4 dividuals who are blind or have a visual impairment. 

5 ‘‘(h) RESPONSIBILITIES.— 

6 ‘‘(1) VIDEO PROGRAMMING OWNER.—A video 

7 programming owner shall ensure that any closed 

8 captioning and video description required pursuant 

9 to this section is provided in accordance with the 

10 technical standards, protocols, and procedures estab11 lished by the Commission. 

12 ‘‘(2) VIDEO PROGRAMMING PROVIDER OR DIS13 TRIBUTOR.—A video programming provider or video 

14 programming distributor shall be deemed in compli15 ance with this section and the rules and regulation 

16 promulgated thereunder if such provider or dis17 tributor enables the rendering or the pass through 

18 of closed captions and video description signals. 

19 ‘‘(i) DEFINITIONS.—For purposes of this section, sec20 tion 303, and section 330: 

21 ‘‘(1) VIDEO DESCRIPTION.—The term ‘video de22 scription’ means the insertion of audio narrated de23 scriptions of a television program’s key visual ele24 ments into natural pauses between the program’s 

25 dialogue. 


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

2 programming’ has the meaning given such term in 

3 section 602.’’. 

4 (b) CLOSED CAPTIONING ON VIDEO PROGRAMMING

5 DELIVERED USING INTERNET PROTOCOL.—Section 713 

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

7 and inserting the following: 

8 ‘‘(c) DEADLINES FOR CAPTIONING.— 

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

10 pursuant to subsection (b) shall include an appro11 priate schedule of deadlines for the provision of 

12 closed captioning of video programming published or 

13 exhibited on television. 

14 ‘‘(2) DEADLINES FOR PROGRAMMING DELIV15 ERED USING INTERNET PROTOCOL.— 

16 ‘‘(A) REGULATIONS ON CLOSED CAP17 TIONING ON VIDEO PROGRAMMING DELIVERED

18 USING INTERNET PROTOCOL.—Not later than 6 

19 months after the submission of the report to 

20 the Commission required by section 201(e)(1) 

21 of the Twenty-First Century Communications 

22 and Video Accessibility Act of 2010, the Com23 mission shall promulgate regulations to require 

24 the provision of closed captioning on video pro25 gramming delivered using Internet protocol. 


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1 ‘‘(B) SCHEDULE.—The regulations pre2 scribed under this paragraph shall include an 

3 appropriate schedule of decoding for the provi4 sion of closed captioning, taking into account 

5 whether such programming is prerecorded and 

6 edited for Internet distribution, or whether such 

7 programming is live or near-live and not edited 

8 for Internet distribution. 

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

10 or waive the regulation promulgated under sub11 paragraph (A) to the extent the Commission 

12 finds that the application of the regulation to 

13 live video programming delivered using Internet 

14 protocol would be economically burdensome to 

15 providers of video programming or program 

16 owners. 

17 ‘‘(D) REQUIREMENTS FOR REGULA18 TIONS.— 

19 ‘‘(i) IN GENERAL.—The regulations 

20 prescribed under this paragraph— 

21 ‘‘(I) shall contain a definition of 

22 ‘near-live programming’ and ‘edited 

23 for Internet distribution’; 

24 ‘‘(II) may exempt any service, 

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1 gram, equipment, or class of equip2 ment for which the Commission has 

3 determined that the application of 

4 such regulations would be economi5 cally burdensome to the provider of 

6 such service, program, or equipment; 

7 ‘‘(III) shall provide that de mini8 mis failure to comply with such regu9 lations by a provider of video pro10 gramming or program owner shall not 

11 be treated as a violation of the regula12 tions; and 

13 ‘‘(IV) shall only apply to video 

14 programming that is transmitted for 

15 display on television with closed cap16 tioning after the effective date of the 

17 regulations issued pursuant to this 

18 section. 

19 ‘‘(ii) ALTERNATE MEANS.—An entity 

20 may meet the requirements of this section 

21 through alternate means than those pre22 scribed by regulations pursuant to para23 graph (1) if the requirements of this sec24 tion are met, as determined by the Com25 mission.’’. 


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

2 such Act is amended by striking paragraph (3) and insert3 ing the following: 

4 ‘‘(3)(A) a provider of video programming or 

5 program owner may petition the Commission for an 

6 exemption from the requirements of this section; 

7 ‘‘(B) the Commission may grant such peti8 tion upon a showing that the requirements con9 tained in this section would be economically 

10 burdensome; 

11 ‘‘(C) during the pendency of such a peti12 tion, such provider or owner shall be exempt 

13 from the requirements of this section; and 

14 ‘‘(D) the Commission shall act to grant or 

15 deny any such petition, in whole or in part, 

16 within 6 months after the Commission receives 

17 such petition, unless the Commission finds that 

18 an extension of the 6-month period is necessary 

19 to determine whether such requirements are 

20 economically burdensome.’’. 

21 (d) REPORTING REQUIREMENT.—Two years after 

22 the effective date of the regulations issued pursuant to this 

23 section, and biennially thereafter, each broadcast tele24 vision network and each cable television network shall sub25 mit to the Commission a report containing the number 


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1 of hours, in the applicable 2-year period, of video program2 ming not published or exhibited on television after the date 

3 of enactment of this Act that was provided on the Internet 

4 with closed captioning. 

5 (e) REPORT TO CONGRESS.— 

6 (1) IN GENERAL.—Three years after the date of 

7 enactment of this Act, the Commission shall submit 

8 a report to the Committee on Energy and Commerce 

9 of the House of Representatives and the Committee 

10 on Commerce, Science, and Transportation of the 

11 Senate— 

12 (A) assessing the technical, economic, and 

13 operational issues regarding the captioning of 

14 video programming that is distributed only over 

15 the Internet, including the types and amounts 

16 of such video programming that is or could be 

17 captioned, the types of entities producing such 

18 programming, and the effects a closed cap19 tioning requirement may have on the producers 

20 of such programming; 

21 (B) assessing the benefits to and use by 

22 consumers of closed captioning of video pro23 gramming that is distributed only over the 

24 Internet for consumers; and 


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1 (C) making recommendations, if any, of 

2 whether Congress should adopt or the Commis3 sion should implement a closed captioning re4 quirement for such programming. 

5 (2) UPDATES.—The Commission shall periodi6 cally update the report to the Committees as it de7 termines appropriate. 

8 SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DE9 SCRIPTION CAPABILITY. 

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

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

12 amended to read as follows: 

13 ‘‘(u) Require that— 

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

15 video programming transmitted simultaneously with 

16 sound, if such apparatus is manufactured in the 

17 United States or imported for use in the United 

18 States and uses a picture screen of any size— 

19 ‘‘(A) be equipped with built-in closed cap20 tion decoder circuitry or capability designed to 

21 display closed-captioned video programming; 

22 ‘‘(B) have the capability to decode and 

23 make available the transmission and delivery of 

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1 tions reinstated and modified pursuant to sec2 tion 713(f); and 

3 ‘‘(C) have the capability to decode and 

4 make available emergency information (as that 

5 term is defined in section 79.2 of title 47, Code 

6 of Federal Regulations) in a manner that is ac7 cessible to individuals who are blind or have a 

8 visual impairment; and 

9 ‘‘(2) notwithstanding paragraph (1) of this sub10 section— 

11 ‘‘(A) apparatus described in such para12 graph that use a picture screen that is less than 

13 13 inches in size meet the requirements of sub14 paragraphs (A), (B), and (C) of such paragraph 

15 only if the requirements of such subparagraphs 

16 are achievable (as defined in section 716); 

17 ‘‘(B) any apparatus or class of apparatus 

18 that are display-only video monitors with no 

19 playback capability are exempt from the re20 quirements of such paragraph; and 

21 ‘‘(C) the Commission shall have the au22 thority to waive the requirements of this sub23 section for any apparatus or class of appa24 ratus.’’. 


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1 (b) OTHER DEVICES.—Section 303 of the Commu2 nications Act of 1934 (47 U.S.C. 303) is further amended 

3 by adding at the end the following new subsection: 

4 ‘‘(z) Require that— 

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

6 apparatus designed to record video programming 

7 transmitted simultaneously with sound, if such appa8 ratus is manufactured in the United States or im9 ported for use in the United States, enable the ren10 dering or the pass through of closed captions, video 

11 description signals, and emergency information (as 

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

13 of Federal Regulations) so that viewers are able to 

14 activate and de-activate the closed captions and 

15 video description as the video programming is played 

16 back on a picture screen of any size; and 

17 ‘‘(2) interconnection mechanisms and standards 

18 for digital video source devices are available to carry 

19 from the source device to the consumer equipment 

20 the information necessary to permit the display of 

21 closed captions and to make encoded video descrip22 tion and emergency information audible.’’. 

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

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

25 amended— 


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

2 sentence and inserting ‘‘subsections (u) and (z) of 

3 section 303’’; 

4 (2) by striking the second sentence and insert5 ing the following: ‘‘Such rules shall provide perform6 ance and display standards for such built-in decoder 

7 circuitry or capability designed to display closed cap8 tioned video programming, the transmission and de9 livery of video description services, and the convey10 ance of emergency information as required by sec11 tion 303 of this Act.’’; and 

12 (3) in the fourth sentence, by striking ‘‘closed13 captioning service continues’’ and inserting ‘‘closed14 captioning service and video description service con15 tinue’’. 

16 (d) IMPLEMENTING REGULATIONS.— 

17 (1) IN GENERAL.—The Federal Communica18 tions Commission shall, after consideration of the 

19 Advisory Committee reports required by section 

20 201(e), prescribe such regulations as are necessary 

21 to implement the requirements of sections 303(u), 

22 303(z), and 330(b) of the Communications Act of 

23 1934, as amended by this section, needed for the 

24 transmission of— 


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1 (A) closed captioning within 6 months 

2 after the submission to the Commission of the 

3 Advisory Committee report required by section 

4 section 201(e)(1); and 

5 (B) video description and emergency infor6 mation within 12 months after the submission 

7 to the Commission of the Advisory Committee 

8 report required by section section 201(e)(2). 

9 (2) ALTERNATE MEANS.—An entity may meet 

10 the requirements of sections 303(u), 303(z), and 

11 330(b) of the Communications Act of 1934 through 

12 alternate means than those prescribed by regulations 

13 pursuant to paragraph (1) if the requirements of 

14 such sections are met, as determined by the Com15 mission. 

16 SEC. 204. USER INTERFACES ON DIGITAL APPARATUS. 

17 (a) AMENDMENT.—Section 303 of the Communica18 tions Act of 1934 (47 U.S.C. 303) is further amended by 

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

20 this Act, the following new subsection: 

21 ‘‘(aa) Require— 

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

23 that digital apparatus designed to receive or play 

24 back video programming, that are shipped in inter25 state commerce or manufactured in the United 


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1 States, transmitted in digital format simultaneously 

2 with sound, including apparatus designed to receive 

3 or display video programming transmitted in digital 

4 format using Internet protocol, be designed, devel5 oped, and fabricated so that control of all built-in 

6 apparatus functions are accessible to and usable by 

7 individuals with disabilities; 

8 ‘‘(2) that if on-screen text menus or other vis9 ual indicators built in to the digital apparatus are 

10 used to access the functions of the apparatus de11 scribed in paragraph (1), such functions shall be ac12 companied by audio output that is either integrated 

13 or peripheral to the apparatus, so that such menus 

14 or indicators are accessible to and usable by individ15 uals who are blind or have a visual impairment in 

16 real-time; 

17 ‘‘(3) that built-in user controls on such appa18 ratus shall be capable of accessing closed captioning, 

19 including— 

20 ‘‘(A) if a remote control is provided with 

21 the apparatus— 

22 ‘‘(i) a button, key, or icon on the re23 mote control of such apparatus designated 

24 for activating closed captioning; or 


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1 ‘‘(ii) any other mechanism that pro2 vides a substantially equivalent level of ac3 cessibility; and 

4 ‘‘(B) if on-screen menus are displayed on 

5 such apparatus— 

6 ‘‘(i) the inclusion of ‘closed captions’ 

7 and ‘video description’ on the first menu 

8 that appears; or 

9 ‘‘(ii) any other mechanism that pro10 vides a substantially equivalent level of ac11 cessibility; and 

12 ‘‘(4) that in applying this subsection the term 

13 ‘apparatus’ does not include a navigation device, as 

14 such term is defined in section 76.1200 of title 47, 

15 Code of Federal Regulations.’’. 

16 (b) IMPLEMENTING REGULATIONS.— 

17 (1) IN GENERAL.—Within 12 months after the 

18 submission to the Commission of the Advisory Com19 mittee report required by section 201(e)(2), the 

20 Commission shall prescribe such regulations as are 

21 necessary to implement the amendments made by 

22 subsection (a). 

23 (2) ALTERNATE MEANS.—An entity may meet 

24 the requirements of sections 303(aa) of the Commu25 nications Act of 1934 through alternate means than 


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1 those prescribed by regulations pursuant to para2 graph (1) if the requirements of such section are 

3 met, as determined by the Commission. 

4 (c) DEFERRAL OF COMPLIANCE WITH ATSC MO5 BILE DTV STANDARD A/153.—A digital apparatus de6 signed and manufactured to receive or play back the Ad7 vanced Television Systems Committee’s Mobile DTV 

8 Standards A/153 shall not be required to meet the require9 ments of the regulations prescribed under subsection (b) 

10 for a period of not less than 24 months after the date 

11 on which the final regulations are published in the Federal 

12 Register. 

13 SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND 

14 MENUS PROVIDED ON NAVIGATION DEVICES. 

15 (a) AMENDMENT.—Section 303 of the Communica16 tions Act of 1934 (47 U.S.C. 303) is further amended by 

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

18 this Act, the following new subsection: 

19 ‘‘(bb) Require— 

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

21 that the on-screen text menus and guides provided 

22 by navigation devices (as such term is defined in sec23 tion 76.1200 of title 47, Code of Federal Regula24 tions) for the display or selection of multichannel 

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1 time upon request by individuals who are blind or 

2 have a visual impairment, except that the Commis3 sion may not specify the technical standards, proto4 cols, procedures, and other technical requirements 

5 for meeting this requirement; and 

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

7 captioning capability, access to such capability 

8 through a button, key, or icon designated for acti9 vating the closed captioning, or through any other 

10 mechanism that provides a substantially equivalent 

11 level of accessibility.’’. 

12 (b) IMPLEMENTING REGULATIONS.— 

13 (1) IN GENERAL.—Within 12 months after the 

14 submission to the Commission of the Advisory Com15 mittee report required by section 201(e)(2), the 

16 Commission shall prescribe such regulations as are 

17 necessary to implement the amendment made by 

18 subsection (a). 

19 (2) EXEMPTION.—Such regulations may pro20 vide an exemption from the regulations for cable sys21 tems serving 50,000 or fewer subscribers. 

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

23 responsible for compliance with the requirements 

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1 vidual who is blind or has a visual impairment and 

2 shall make reasonable efforts to make such require3 ments known to consumers. 

4 (4) SEPARATE EQUIPMENT OR SOFTWARE.— 

5 (A) IN GENERAL.—Such regulations shall 

6 permit but not require the entity providing the 

7 navigation device to the requesting individual 

8 who is blind or has a visual impairment to com9 ply with section 303(bb)(1) of the Communica10 tions Act of 1934 (as added by subsection (a) 

11 of this section) through such entity’s use of 

12 software, a peripheral device, specialized con13 sumer premises equipment, a network-based 

14 service, or other solution, and shall provide such 

15 entity with the flexibility to select the manner 

16 of compliance. 

17 (B) REQUIREMENTS.—If an entity com18 plies with section 303(bb)(1) of the Commu19 nications Act of 1934 (as added by subsection 

20 (a) of this section) under subparagraph (A) of 

21 this paragraph, such entity shall provide any 

22 such software, peripheral device, equipment, 

23 service, or solution at no additional charge and 

24 within a reasonable time to such individual. 


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1 (5) USER CONTROLS FOR CLOSED CAP2 TIONING.—Such regulations shall permit the entity 

3 providing the navigation device maximum flexibility 

4 in the selection of means for compliance with section 

5 303(bb)(2) of the Communications Act of 1934 (as 

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

7 (6) PHASE-IN.— 

8 (A) IN GENERAL.—The Commission shall 

9 provide affected entities with— 

10 (i) not less than 2 years after the 

11 adoption of such regulations to begin plac12 ing in service devices that comply with the 

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

14 Communications Act of 1934 (as added by 

15 subsection (a) of this section); and 

16 (ii) not less than 3 years after the 

17 adoption of such regulations to begin plac18 ing in service devices that comply with the 

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

20 Communications Act of 1934 (as added by 

21 subsection (a) of this section). 

22 (B) APPLICATION.—Such regulations shall 

23 apply only to devices manufactured or imported 

24 on or after the respective effective dates estab25 lished in subparagraph (A). 


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1 SEC. 206. DEFINITIONS. 

2 In this title: 

3 (1) ADVISORY COMMITTEE.—The term ‘‘Advi4 sory Committee’’ means the advisory committee es5 tablished in section 201. 

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

7 the Chairman of the Federal Communications Com8 mission. 

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

10 means the Federal Communications Commission. 

11 (4) EMERGENCY INFORMATION.—The term 

12 ‘‘emergency information’’ has the meaning given 

13 such term in section 79.2 of title 47, Code of Fed14 eral Regulations. 

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

16 protocol’’ includes Transmission Control Protocol 

17 and a successor protocol or technology to Internet 

18 protocol. 

19 (6) NAVIGATION DEVICE.—The term ‘‘naviga20 tion device’’ has the meaning given such term in sec21 tion 76.1200 of title 47, Code of Federal Regula22 tions. 

23 (7) VIDEO DESCRIPTION.—The term ‘‘video de24 scription’’ has the meaning given such term in sec25 tion 713 of the Communications Act of 1934 (47 

26 U.S.C. 613). 


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

2 programming’’ has the meaning given such term in 

3 section 713 of the Communications Act of 1934 (47 

4 U.S.C. 613). 

5 TITLE III—PAYGO COMPLIANCE 

6 SEC. 301. PAYGO COMPLIANCE. 

7 The budgetary effects of this Act, for the purpose of 

8 complying with the Statutory Pay-As-You-Go Act of 2010, 

9 shall be determined by reference to the latest statement 

10 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

11 Act, submitted for printing in the Congressional Record 

12 by the Chairman of the House Budget Committee, pro13 vided that such statement has been submitted prior to the 

14 vote on passage. 

Passed the House of Representatives July 26, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 513 

111TH CONGRESS 

2D SESSION H. R. 3101 

AN ACT 

To ensure that individuals with disabilities have acthe 21st century. nication and video programming technologies in cess to emerging Internet Protocol-based commuAUGUST 5, 2010 

Read twice and placed on the calendar 


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