I 

111TH CONGRESS 

1ST SESSION H. R. 3101 

To ensure that individuals with disabilities have access to emerging Internet 

Protocol-based communication and video programming technologies in 

the 21st century. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2009 

Mr. MARKEY of Massachusetts introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

A BILL 

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 2009’’. 

7 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

TITLE I—COMMUNICATIONS ACCESS 

Sec. 101. Definitions. 


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Sec. 102. Hearing aid compatibility. 

Sec. 103. Relay services. 

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

Sec. 105. Universal service. 

Sec. 106. Emergency access and real-time text support. 

Sec. 107. Internet access service interface. 

TITLE II—VIDEO PROGRAMMING 

Sec. 201. Commission inquiry on closed captioning decoder and video description capability, user interfaces, and video programming guides 

and menus. 

Sec. 202. Closed captioning decoder and video description capability. 

Sec. 203. Video description and closed captioning. 

Sec. 204. User interfaces regulations. 

Sec. 205. Access to video programming guides and menus. 

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) DISABILITY.—The term ‘disability’ has 

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

10 of the Americans with Disabilities Act of 1990 (42 

11 U.S.C. 12102(2)(A)), as such section may be 

12 amended from time to time. 

13 ‘‘(54) INTERCONNECTED VOIP SERVICE.—The 

14 term ‘interconnected VoIP service’ has the meaning 

15 given such term by section 9.3 of the Commission’s 

16 rules (47 C.F.R. 9.3). 

17 ‘‘(55) ADVANCED COMMUNICATIONS.—The term 

18 ‘advanced communications’ means— 


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1 ‘‘(A) interconnected VoIP service; 

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

3 ‘‘(C) electronic messaging; and 

4 ‘‘(D) video conferencing. 

5 ‘‘(56) NON-INTERCONNECTED VOIP SERVICE.— 

6 The term ‘non-interconnected VoIP service’— 

7 ‘‘(A) means a service that— 

8 ‘‘(i) enables real-time voice commu9 nications that originate from or terminate 

10 to the user’s location using Internet pro11 tocol or any successor protocol; and 

12 ‘‘(ii) requires Internet protocol com13 patible customer premises equipment; and 

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

15 an interconnected VoIP service. 

16 ‘‘(57) ELECTRONIC MESSAGING.—The term 

17 ‘electronic messaging’ means a service that provides 

18 non-voice messages in text form between persons 

19 over communications networks. 

20 ‘‘(58) INTERNET ACCESS EQUIPMENT.—The 

21 term ‘Internet access equipment’ means equipment 

22 that is used to combine computer processing, infor23 mation provision and computer interactivity with 

24 data transport, enabling users to run a variety of 

25 applications, including e-mail. 


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1 ‘‘(59) INTERNET ACCESS SERVICE.—The term 

2 ‘Internet access service’ means a service that com3 bines computer processing, information provision, 

4 and computer interactivity with data transport, ena5 bling end users to access the Internet and use a va6 riety of applications, including e-mail. 

7 ‘‘(60) VIDEO CONFERENCING.—The term ‘video 

8 conferencing’ means a service that provides real-time 

9 video communications, including audio, to enable 

10 users to share information of the user’s choosing. 

11 ‘‘(61) CONSUMER GENERATED MEDIA.—The 

12 term ‘consumer generated media’ means posts or 

13 content made by consumers to online sites and 

14 venues on the Internet, including video, audio, and 

15 multimedia content created by such consumers.’’; 

16 and 

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

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

19 section in alphabetical order based on the headings 

20 of such paragraphs, and renumbering such para21 graphs as so reordered. 

22 SEC. 102. HEARING AID COMPATIBILITY. 

23 (a) COMPATIBILITY REQUIREMENTS.—Section 

24 710(b)(1) of the Communications Act of 1934 (47 U.S.C. 

25 610(b)(1)) is amended— 


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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (A); 

3 (2) by inserting ‘‘and’’ after the comma at the 

4 end of subparagraph (B); and 

5 (3) by inserting after subparagraph (B) the fol6 lowing new subparagraph: 

7 ‘‘(C) to the extent technologically feasible, 

8 all customer premises equipment used to pro9 vide advanced communications that provides 

10 voice communication via a built-in speaker 

11 (typically held to the ear) and that are manu12 factured in the United States (other than for 

13 export) more than one year after the date of en14 actment of the Twenty-first Century Commu15 nications and Video Accessibility Act of 2009, 

16 or are shipped in interstate commerce in the 

17 United States more than one year after such 

18 date,’’. 

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

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

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

22 or other customer premises equipment that is compliant 

23 with a relevant technical standard developed through a 

24 public participation process will be deemed compatible 

25 with this section if such standard has been reviewed and 


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1 approved by national organizations representing con2 sumers who will be using such telephone or equipment, 

3 until such times as the Commission may deem otherwise. 

4 The Commission shall consult with the public, including 

5 people with hearing loss, in establishing or approving such 

6 technical standards. The Commission may delegate this 

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

8 Commission shall designate the national consumer organi9 zations for purposes of this section and shall remain the 

10 final arbiter as to whether the standard meets the require11 ments of this section.’’ 

12 SEC. 103. RELAY SERVICES. 

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

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

15 is amended to read as follows: 

16 ‘‘(3) TELECOMMUNICATIONS RELAY SERV17 ICES.—The term ‘telecommunications relay services’ 

18 means telephone transmission that provides the abil19 ity for an individual who is deaf, hard of hearing, 

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

21 in communication by wire or radio with one or more 

22 individuals, in a manner that is functionally equiva23 lent to the ability of a hearing individual who does 

24 not have a speech disability to communicate using 

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


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1 (b) INTERNET PROTOCOL-BASED RELAY SERV2 ICES.—Title VII of such Act is amended by adding at the 

3 end the following new section: 

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

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

6 Twenty-first Century Communications and Video Accessi7 bility Act of 2009, each interconnected VoIP service pro8 vider and each provider of non-interconnected VoIP serv9 ice shall participate in and contribute to the Telecommuni10 cations Relay Services Fund established in section 

11 64.404(c)(5)(iii) of the Commission’s regulations (47 

12 C.F.R. 64.404(c)(5)(iii)), as in effect on the date of enact13 ment of such Act, in a manner prescribed by the Commis14 sion by regulation to provide for obligations of such pro15 viders that are consistent with and comparable to the obli16 gations of other contributors to such Fund.’’. 

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

18 EQUIPMENT. 

19 (a) TITLE VII AMENDMENT.—Title VII of the Com20 munications Act of 1934 (47 U.S.C. 601 et seq.) is 

21 amended by inserting after section 715 (as added by sec22 tion 103 of this Act) the following new sections: 


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

2 EQUIPMENT. 

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

4 manufactured after the effective date of the regulations 

5 established pursuant to subsection (e), and subject to 

6 those regulations, a manufacturer of equipment used for 

7 advanced communications, including end user equipment, 

8 network equipment, and software, shall ensure that the 

9 equipment and software that such manufacturer designs, 

10 develops, and fabricates shall be accessible to and usable 

11 by individuals with disabilities, unless the requirement of 

12 this subsection would result in an undue burden. 

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

14 provided after the effective date of the regulations estab15 lished pursuant to subsection (e), and subject to those reg16 ulations, a provider of advanced communications shall en17 sure that services offered by such provider are accessible 

18 to and usable by individuals with disabilities, unless the 

19 requirement of this subsection would result in an undue 

20 burden. 

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

22 subsections (a) and (b) constitute an undue burden, a 

23 manufacturer or provider shall ensure that its equipment 

24 or service is compatible with existing peripheral devices 

25 or specialized customer premises equipment commonly 

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1 less the requirement of this subsection would result in an 

2 undue burden. 

3 ‘‘(d) NETWORK FEATURES, FUNCTIONS, AND CAPA4 BILITIES.—Each provider of advanced communications 

5 has the duty not to install network features, functions, or 

6 capabilities that do not comply with the regulations estab7 lished pursuant to this section. 

8 ‘‘(e) REGULATIONS.—Within one year after the date 

9 of enactment of the Twenty-first Century Communications 

10 and Video Accessibility Act of 2009, the Commission shall 

11 prescribe such regulations as are necessary to implement 

12 this section. In prescribing the regulations, the Commis13 sion shall— 

14 ‘‘(1) include standards to ensure the accessi15 bility, usability, and compatibility of advanced com16 munications and the equipment used for advanced 

17 communications by individuals with disabilities; and 

18 ‘‘(2) provide that advanced communications, the 

19 equipment used for advanced communications, and 

20 advanced communications service networks used to 

21 provide such advanced communications may not im22 pair or impede the accessibility of information con23 tent when accessibility has been incorporated into 

24 that content for transmission through advanced 

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1 munications, or advanced communications service 

2 networks. 

3 ‘‘(f) SERVICES AND EQUIPMENT SUBJECT TO SEC4 TION 255.—The requirements of this section shall not 

5 apply to any equipment or services, including inter6 connected VoIP service, that are subject to the require7 ments of section 255 on the date of enactment of the 

8 Twenty-first Century Communications and Video Accessi9 bility Act of 2009. Such services and equipment shall re10 main subject to the requirements of section 255. 

11 ‘‘(g) DEFINITION.—For purposes of the Twenty-first 

12 Century Communications and Video Accessibility Act of 

13 2009, the term ‘undue burden’ means significant difficulty 

14 or expense. In determining whether the requirements of 

15 any provision of this section would result in an undue bur16 den, the factors to be considered include— 

17 ‘‘(1) the nature and cost of the steps required 

18 to develop and manufacture the product in question; 

19 ‘‘(2) the impact on the operation of the manu20 facturer or provider; 

21 ‘‘(3) the financial resources of the manufacturer 

22 or provider; and 

23 ‘‘(4) the type of operations of the manufacturer 

24 or provider. 


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

2 ‘‘(a) COMPLAINT AND ENFORCEMENT PROCE3 DURES.—Within one year after the date of enactment of 

4 the Twenty-first Century Communications and Video Ac5 cessibility Act of 2009, the Commission shall establish reg6 ulations that facilitate the filing of complaints that allege 

7 a violation of section 255, 716, 718, or 719, establish for8 mal and informal procedures for enforcement actions by 

9 the Commission with respect to such violations, and imple10 ment the reporting obligations of paragraph (6) for manu11 facturers and providers subject to such sections. Such reg12 ulations shall include the following provisions: 

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

14 charge any fee to an individual who files a complaint 

15 alleging a violation of section 255, 716, 718, or 719. 

16 ‘‘(2) RECEIPT OF COMPLAINTS.—The Commis17 sion shall establish separate and identifiable elec18 tronic, telephonic, and physical receptacles for the 

19 receipt of complaints filed under section 255, 716, 

20 718, or 719. 

21 ‘‘(3) COMPLAINTS TO THE COMMISSION.—Any 

22 person alleging a violation of section 255, 716, 718, 

23 or 719 by a manufacturer of equipment or provider 

24 of service subject to such sections may file a com25 plaint with the Commission. The Commission shall 

26 investigate the allegations in such complaint and 


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1 issue a final order concluding the investigation with2 in 180 days of the date on which such complaint was 

3 filed with the Commission, unless such complaint is 

4 resolved before such time. The Commission may con5 solidate for investigation and resolution complaints 

6 alleging substantially the same violation by the same 

7 manufacturer or provider. Such final order shall in8 clude a determination as to whether any violation 

9 has occurred and, if the Commission determines that 

10 a violation has occurred, address the manner in 

11 which the manufacturer or service provider will 

12 achieve accessibility, compatibility, or usability re13 quired by section 255, 716, 718, or 719. If a deter14 mination is made that a violation has not occurred, 

15 the Commission shall provide the basis for such de16 termination, including the basis for determining that 

17 an accessibility feature requested is not readily 

18 achievable under section 255 or will create an undue 

19 burden under section 716, 718, or 719. 

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

21 Commission makes a determination pursuant to 

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

23 complaint shall have the opportunity to respond to 

24 such complaint, and may include in such response 

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1 mination and any available alternatives that might 

2 constitute an effective substitute for the equipment 

3 or service that is the subject of such complaint. 

4 ‘‘(5) CEASE AND DESIST ORDERS.—If the Com5 mission’s investigation pursuant to paragraph (3) 

6 determines that a manufacturer of equipment or 

7 provider of service is engaged in an act prohibited by 

8 section 255, 716, 718, or 719, or is failing to per9 form any act required by section 255, 716, 718, or 

10 719, the Commission shall have the authority to 

11 order such manufacturer or provider to cease from 

12 violating such section. 

13 ‘‘(6) REPORTING.—(A) Each manufacturer of 

14 equipment used for advanced communications and 

15 each provider of advanced communications shall— 

16 ‘‘(i) file a report with the Commission, on 

17 an annual basis, that describes the steps that 

18 have been taken by such manufacturer or pro19 vider during the preceding year to implement 

20 sections 255 and 716, including— 

21 ‘‘(I) information about the manufac22 turer’s or provider’s efforts to consult with 

23 people with disabilities; 

24 ‘‘(II) descriptions of the accessibility 

25 features of its products and services; and 


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1 ‘‘(III) information about the compat2 ibility of their products and services with 

3 peripheral devices or specialized customer 

4 premise equipment commonly used by peo5 ple with disabilities to achieve access; and 

6 ‘‘(ii) maintain, in the ordinary course of 

7 business, records of the efforts taken by such 

8 manufacturer or provider to implement sections 

9 255 and 716. 

10 ‘‘(B) The report required by subparagraph (A) 

11 shall be submitted to the Commission through the 

12 use of a compliance report form, to be established by 

13 the Commission, that is comparable to the structure 

14 of the form that is used to monitor and report on 

15 the progress of the implementation of the Commis16 sion’s hearing aid compatibility requirements estab17 lished in WT Docket No. 01–309. 

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

19 fails to carry out any of its responsibilities to act 

20 upon a complaint in the manner prescribed in para21 graph (3), the person that filed such complaint may 

22 bring an action in the nature of mandamus in an 

23 appropriate Federal district court to compel the 

24 Commission to carry out any such responsibility. 


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1 ‘‘(8) COMMISSION JURISDICTION.—The limita2 tions of section 255(f) shall apply to any claim that 

3 alleges a violation of section 255, 716, 718, or 719. 

4 Nothing in this paragraph affects or limits any ac5 tion for mandamus under paragraph (7) or any ap6 peal pursuant to section 402(b)(10). 

7 ‘‘(9) PRIVATE RESOLUTIONS OF COMPLAINTS.— 

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

9 be construed to preclude a person who files a com10 plaint and a manufacturer or provider from resolv11 ing a formal or informal complaint prior to the Com12 mission’s final determination in a complaint pro13 ceeding. In the event of such a resolution, the par14 ties shall jointly request dismissal of the complaint 

15 and the Commission shall grant such request. 

16 ‘‘(b) REPORTS TO CONGRESS.—Every two years after 

17 the date of enactment of the Twenty-first Century Com18 munications and Video Accessibility Act of 2009, the Com19 mission shall submit a report to the Committee on Com20 merce, Science, and Transportation of the Senate and the 

21 Committee on Energy and Commerce of the House of 

22 Representatives that assesses the level of compliance with 

23 section 255 or 716 and evaluates the extent to which any 

24 accessibility barriers still exist with respect to new tech25 nologies. Such report shall include— 


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1 ‘‘(1) the number and nature of complaints re2 ceived pursuant to subsection (a) during the two 

3 years that are the subject of the report; 

4 ‘‘(2) actions taken to resolve such complaints 

5 under this section, including cease and desist orders 

6 issued and forfeiture penalties assessed; 

7 ‘‘(3) the length of time that was taken by the 

8 Commission to resolve each such complaint; and 

9 ‘‘(4) the number, status, nature, and outcome 

10 of any actions for mandamus filed pursuant to sub11 section (a)(7) and the number, status, nature, and 

12 outcome of any appeals filed pursuant to section 

13 402(b)(10). 

14 ‘‘(c) COMPTROLLER GENERAL ENFORCEMENT

15 STUDY.— 

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

17 shall conduct a study to consider and evaluate— 

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

19 requirements of the Twenty-first Century Com20 munications and Video Accessibility Act of 

21 2009, including the Commission’s level of com22 pliance with the deadlines (including deadlines 

23 for acting on complaints) established in such 

24 Act; 


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1 ‘‘(B) whether the enforcement actions 

2 taken by the Commission pursuant to such Act 

3 have been appropriate and effective in ensuring 

4 compliance with such requirements; and 

5 ‘‘(C) whether the enforcement provisions 

6 established in such Act are adequate to ensure 

7 compliance with such requirements. 

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

9 date of enactment of the Twenty-first Century Com10 munications and Video Accessibility Act of 2009, the 

11 Comptroller General shall submit a report to the 

12 Senate Committee on Commerce, Science, and 

13 Transportation and the House of Representatives 

14 Committee on Energy and Commerce on the results 

15 of the study required by paragraph (1), with rec16 ommendations for how the enforcement process and 

17 measures with respect to such Act may be modified 

18 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 2009, 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 and 

4 716. Such information shall be made publicly available on 

5 the Commission’s website and by other means, and shall 

6 include an annually updated list of products and services 

7 with access features. 

8 ‘‘(e) OUTREACH AND EDUCATION.—Within one year 

9 after the date of enactment of the Twenty-first Century 

10 Communications and Video Accessibility Act of 2009, the 

11 Commission, in coordination with the National Tele12 communications and Information Administration, shall 

13 conduct an informational and educational program de14 signed to inform the public about the availability of the 

15 clearinghouse, and the protections and remedies available 

16 under sections 255 and 716.’’. 

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

18 such Act (47 U.S.C. 503(b)(2)) is amended— 

19 (1) by redesignating subparagraphs (C) and 

20 (D) as subparagraphs (D) and (E), respectively; 

21 (2) by inserting after subparagraph (B) the fol22 lowing: 

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

24 telecommunications equipment, a manufacturer 

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1 tions, or a provider of advanced communica2 tions, who is subject to the requirements of sec3 tion 255, 716, 718, or 719, and who is deter4 mined by the Commission to have violated any 

5 such requirement, the manufacturer of tele6 communications equipment, the manufacturer 

7 of equipment used for advanced communica8 tions, or the provider of advanced communica9 tions shall be liable to the United States for a 

10 forfeiture penalty. The amount of any penalty 

11 determined under this paragraph shall not ex12 ceed $100,000 for each violation or each day of 

13 a continuing violation, except that the amount 

14 assessed for any continuing violation shall not 

15 exceed a total of $1,000,000 for any single act 

16 or failure to act.’’; and 

17 (3) in subparagraph (D) (as so redesignated by 

18 paragraph (1) of this subsection), by striking ‘‘sub19 paragraphs (A) or (B)’’ and inserting ‘‘subpara20 graphs (A), (B), or (C)’’. 

21 (c) REVIEW OF COMMISSION DETERMINATIONS.— 

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

23 by adding the following new paragraph: 


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

2 interests are adversely affected by a determination 

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

4 SEC. 105. UNIVERSAL SERVICE. 

5 (a) CONSUMERS WITH DISABILITIES.—Section 

6 254(c) of the Communications Act of 1934 (47 U.S.C. 

7 254) is amended by adding at the end the following new 

8 paragraph: 

9 ‘‘(4) INDIVIDUALS WITH DISABILITIES.—Not10 withstanding subsection (j), the Commission shall 

11 authorize Lifeline and Link-Up assistance programs 

12 and other Federal universal service support mecha13 nisms to be used for those telecommunications serv14 ices, Internet access services, and advanced commu15 nications that are needed by individuals with disabil16 ities, who are otherwise qualified for such programs 

17 or mechanisms, to engage in communication with 

18 one or more other individuals in a manner that is 

19 functionally equivalent to the ability of individuals 

20 without disabilities to engage in such communica21 tion.’’. 

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

25 amended— 


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

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

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

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

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

7 date of the enactment of the Twenty-first Century 

8 Communications and Video Accessibility Act of 

9 2009, the Commission shall establish rules that de10 fine as eligible for universal service support those 

11 programs that are certified by a State commission or 

12 approved by the Commission for the distribution of 

13 specialized customer premises equipment designed to 

14 make telecommunications service, Internet access 

15 services, and advanced communications, including 

16 interexchange services and advanced telecommuni17 cations and information services, accessible by indi18 viduals who are deaf-blind. 

19 ‘‘(2) DEFINITION.—For the purposes of this 

20 subsection, the term ‘individuals who are deaf-blind’ 

21 has the same meaning given such term in the Helen 

22 Keller National Center Act, as amended by the Re23 habilitation Act Amendments of 1992 (29 U.S.C. 

24 1905(2)). 


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

2 universal service support that may be obligated or 

3 expended under this subsection for any fiscal year 

4 may not exceed $10,000,000.’’. 

5 SEC. 106. EMERGENCY ACCESS AND REAL-TIME TEXT SUP6 PORT. 

7 Title VII of the Communications Act of 1934 (47 

8 U.S.C. 601 et seq.) is further amended by inserting after 

9 section 717 (as added by section 104 of this Act) the fol10 lowing new section: 

11 ‘‘SEC. 718. EMERGENCY ACCESS AND REAL-TIME TEXT AD12 VISORY 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 the Twenty-first Cen18 tury Communications and Video Accessibility Act of 2009, 

19 the Chairman of the Commission shall establish an advi20 sory committee, to be known as the Emergency Access and 

21 Real-Time Text Advisory Committee (referred to in this 

22 section as the ‘Advisory Committee’). 

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

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1 man of the Commission shall appoint the members of the 

2 Advisory Committee, ensuring an equal balance between 

3 potential real-time text consumers and other stakeholders, 

4 and designate two such members as the co-chairs of the 

5 Committee. Members of the Advisory Committee shall be 

6 selected from the following groups: 

7 ‘‘(1) STATE AND LOCAL GOVERNMENT AND

8 EMERGENCY RESPONDER REPRESENTATIVES.—Rep9 resentatives of State and local governments and rep10 resentatives of emergency response providers, se11 lected from among individuals nominated by national 

12 organizations representing such governments and 

13 personnel. 

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

15 who have the requisite technical knowledge and ex16 pertise to serve on the Advisory Committee in the 

17 fulfillment of its duties, including representatives 

18 of— 

19 ‘‘(A) providers of interconnected and non20 interconnected VoIP services; 

21 ‘‘(B) vendors, developers, and manufactur22 ers of systems, facilities, equipment, and capa23 bilities for the provision of interconnected and 

24 non-interconnected VoIP services; 


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1 ‘‘(C) national organizations representing 

2 people with disabilities and senior citizens; 

3 ‘‘(D) Federal agencies or departments re4 sponsible for the implementation of the Next 

5 Generation E 9–1–1 system; 

6 ‘‘(E) the National Institute of Standards 

7 and Technology; and 

8 ‘‘(F) other individuals with relevant tech9 nical expertise. 

10 ‘‘(3) QUALIFIED REPRESENTATIVES OF OTHER

11 STAKEHOLDERS AND INTERESTED PARTIES.—Quali12 fied representatives of such other stakeholders and 

13 interested and affected parties as the Chairman of 

14 the Commission determines appropriate. 

15 ‘‘(c) DEVELOPMENT OF RECOMMENDATIONS.—With16 in six months after the completion of the member appoint17 ment process by the Chairman of the Commission pursu18 ant to subsection (b), the Advisory Committee shall de19 velop and submit to the Commission recommendations— 

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

21 text; 

22 ‘‘(2) 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 real-time text communication transmitted 


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1 over such network that will ensure access to emer2 gency services by people with disabilities; 

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

4 technical requirements to ensure reliable, interoper5 able real-time text communications necessary to en6 sure access to emergency services by people with dis7 abilities; 

8 ‘‘(4) for the establishment of technical stand9 ards for use by public safety answering points, des10 ignated default answering points and local emer11 gency authorities; 

12 ‘‘(5) for relevant technical standards and re13 quirements for communication devices and equip14 ment and technologies to enable the use of reliable, 

15 interoperable real-time text communications; 

16 ‘‘(6) for procedures to be followed by IP-en17 abled network providers to ensure that such pro18 viders do not install features, functions or capabili19 ties that would conflict with technical standards; and 

20 ‘‘(7) for deadlines by which providers of inter21 connected and non-interconnected VoIP services and 

22 manufacturers of equipment used for such services 

23 shall achieve the actions required in paragraphs (1) 

24 through (6), and for the possible phase out of the 

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1 tent that this technology is replaced with real-time 

2 text. 

3 ‘‘(d) MEETINGS.— 

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

5 the Advisory Committee shall take place not later 

6 than 45 days after the completion of the member ap7 pointment process by the Chairman of the Commis8 sion pursuant to subsection (b). 

9 ‘‘(2) OTHER MEETINGS.—After the initial meet10 ing, the Advisory Committee shall meet at the call 

11 of the chairs, but no less than monthly until the rec12 ommendations required pursuant to subsection (c) 

13 are completed and submitted. 

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

15 held by the Advisory Committee shall be duly no16 ticed at least 14 days in advance and shall be open 

17 to the public. 

18 ‘‘(e) RULES.— 

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

20 the Advisory Committee shall constitute a quorum 

21 for conducting business of the Advisory Committee. 

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

23 Committee in carrying out its functions, the chair 

24 may establish appropriate subcommittees composed 


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1 of members of the Advisory Committee and other 

2 subject matter experts as deemed necessary. 

3 ‘‘(3) ADDITIONAL RULES.—The Advisory Com4 mittee may adopt other rules as needed. 

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

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

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

8 shall apply to the Advisory Committee. 

9 ‘‘(g) IMPLEMENTING RECOMMENDATIONS.—The 

10 Commission shall have the authority to promulgate regula11 tions to implement the recommendations proposed by the 

12 Advisory Committee, as well as any other regulations, 

13 technical standards, protocols, and procedures as are nec14 essary to achieve reliable, interoperable real-time text com15 munication that ensures access by people with disabilities 

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

17 SEC. 107. INTERNET ACCESS SERVICE INTERFACE. 

18 Title VII of the Communications Act of 1934 (47 

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

20 section 718 (as added by section 106 of this Act) the fol21 lowing new section: 

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

23 ‘‘Every provider of Internet access service and every 

24 manufacturer of Internet access equipment shall, unless 

25 it would result in an undue burden, make user interfaces 


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1 for such service and equipment accessible to individuals 

2 with disabilities, including those interfaces used to initiate, 

3 monitor, and control such service.’’. 

4 TITLE II—VIDEO PROGRAMMING 

5 SEC. 201. COMMISSION INQUIRY ON CLOSED CAPTIONING 

6 DECODER AND VIDEO DESCRIPTION CAPA7 BILITY, USER INTERFACES, AND VIDEO PRO8 GRAMMING GUIDES AND MENUS. 

9 (a) INQUIRY REQUIRED.—The Federal Communica10 tions Commission shall conduct an inquiry on the fol11 lowing subjects: 

12 (1) CLOSED-CAPTIONING DECODER AND VIDEO

13 DESCRIPTION CAPABILITY.—With respect to closed 

14 captioning decoder and video description capability, 

15 the Federal Communications Commission shall— 

16 (A) describe— 

17 (i) the formats and software com18 monly used by video programming pro19 viders or owners for exhibition on new 

20 technologies, including those using the 

21 Internet protocol (or a successor protocol) 

22 and digital wireless services; and 

23 (ii) the related technical issues associ24 ated with the implementation of closed 


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1 captioning and video description by means 

2 of such new technologies; 

3 (B) describe the technical standards, pro4 tocols, and procedures needed for the trans5 mission of closed captioning and video descrip6 tion by means of services using the Internet 

7 protocol (or a successor protocol) and digital 

8 wireless services and equipment; and 

9 (C) describe— 

10 (i) technical standards, protocols, and 

11 procedures needed to enable video pro12 gramming providers and owners to trans13 mit emergency information in a manner 

14 that is accessible to individuals who are 

15 blind or visually impaired; and 

16 (ii) the persons or parties obligated to 

17 create, receive, and transmit such emer18 gency information in accordance with such 

19 standards, protocols, and procedures. 

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

21 interfaces, the Federal Communications Commission 

22 shall— 

23 (A) describe the technical standards, proto24 cols, and procedures needed to enable apparatus 

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1 ming transmitted simultaneously with sound 

2 (including apparatus designed to receive or dis3 play video programming transmitted by means 

4 of services using the Internet protocol or suc5 cessor protocol) to be capable of making the ap6 paratus functions, necessary for the receipt, dis7 play, navigation, or selection of video program8 ming (and any other functions shared by, re9 lated to, or necessary to access such apparatus 

10 functions), accessible to and usable by individ11 uals with disabilities; and 

12 (B) describe the technical standards, pro13 tocols, and procedures needed to enable on14 screen text menus and other visual indicators 

15 used to access the functions described in sub16 paragraph (A) to be accompanied by audio out17 put so that such menus or indicators are acces18 sible to and usable by individuals who are blind 

19 or visually impaired. 

20 (3) VIDEO PROGRAMMING GUIDES AND

21 MENUS.—With respect to video programming guides 

22 and menus, the Federal Communications Commis23 sion shall describe the technical standards, protocols, 

24 and procedures needed to enable video programming 

25 information and selection provided by means of a 


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1 navigational device, guide, or menu to be accessible 

2 in real-time by individuals with disabilities who are 

3 unable to read the visual display. 

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

5 the date of enactment of this Act, the Federal Commu6 nications Commission shall submit to the Congress a re7 port on the results of such inquiry. 

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

9 terms ‘‘video description’’ and ‘‘video programming’’ have 

10 the meanings provided by section 713(g) of the Commu11 nications Act of 1934 (47 U.S.C. 613(g)). 

12 SEC. 202. CLOSED CAPTIONING DECODER AND VIDEO DE13 SCRIPTION CAPABILITY. 

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

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

16 amended to read as follows: 

17 ‘‘(u) Require that apparatus designed to receive 

18 or play back video programming (as such term is de19 fined in section 713(g)) transmitted simultaneously 

20 with sound, when such apparatus is manufactured in 

21 the United States or imported for use in the United 

22 States and uses a picture screen that is 13 inches 

23 or greater in size— 


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1 ‘‘(1) be equipped with built-in closed cap2 tion decoder circuitry or capability designed to 

3 display closed-captioned video programming; 

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

5 the transmission and delivery of video descrip6 tion services as required by section 713(f); and 

7 ‘‘(3) have the capability to convey emer8 gency information (as that term is defined in 

9 section 79.2 of the Commission’s regulations 

10 (47 C.F.R. 79.2)) in a manner that is acces11 sible to individuals who are blind or visually im12 paired.’’. 

13 (b) OTHER DEVICES.—Section 303 of the Commu14 nications Act of 1934 (47 U.S.C. 303) is further amend15 ed— 

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

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

18 (2) by inserting after subsection (u) the fol19 lowing new subsections: 

20 ‘‘(v) Require, after inquiry, that apparatus de21 signed to receive or play back video programming 

22 (as such term is defined in section 713(g)) trans23 mitted simultaneously with sound, when such appa24 ratus is manufactured in the United States or imVerDate Nov 24 2008 01:47 Jul 02, 2009 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3101.IH H3101

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1 ported for use in the United States and uses a pic2 ture screen that is less than 13 inches in size— 

3 ‘‘(1) be equipped with built-in closed cap4 tion decoder circuitry or capability designed to 

5 display closed-captioned video programming; 

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

7 the transmission and delivery of video descrip8 tion services as required by section 713(f); and 

9 ‘‘(3) have the capability to convey emer10 gency information (as that term is defined in 

11 section 79.2 of the Commission’s regulations 

12 (47 C.F.R. 79.2)), in a manner that is acces13 sible to individuals who are blind or visually im14 paired. 

15 ‘‘(w) Require, after inquiry, that apparatus 

16 manufactured in the United States or imported for 

17 use in the United States that is designed to record 

18 video programming (as such term is defined in sec19 tion 713(g)) transmitted simultaneously with sound, 

20 retain and permit the pass through of closed cap21 tions and video description signals such that viewers 

22 will be able to activate and deactivate the closed cap23 tions and video description when the video program24 ming is played back on a picture screen of any size. 

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1 ital video source devices must be able to carry pro2 gram related accessibility data for people with dis3 abilities from the source device to the consumer 

4 equipment so that the consumer is able to display 

5 closed captions and make encoded video description 

6 audible. 

7 ‘‘(x) Exempt from requirements of subsections 

8 (u) and (v) any apparatus or class of apparatuses 

9 that are display-only video monitors, with no play10 back capability and shall have the authority to waive 

11 the requirements of such subsections for any appa12 ratus or class of apparatuses.’’. 

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), (v), and (w)’’; 

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 inserting ‘‘and 

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

3 service’’. 

4 (d) IMPLEMENTING REGULATIONS.—The Federal 

5 Communications Commission shall prescribe such regula6 tions as are necessary to implement the requirements of 

7 this section, including any technical standards, protocols, 

8 and procedures needed for the transmission of closed cap9 tioning, video description and emergency information, 

10 within 12 months after the submission of the report to 

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

12 SEC. 203. VIDEO DESCRIPTION AND CLOSED CAPTIONING. 

13 (a) VIDEO DESCRIPTION.—Section 713 of the Com14 munications Act of 1934 (47 U.S.C. 613) is amended by 

15 striking subsections (f) and (g) and inserting the fol16 lowing: 

17 ‘‘(f) VIDEO DESCRIPTION.— 

18 ‘‘(1) REINSTATEMENT OF RULES.—The video 

19 description regulations of the Commission contained 

20 in the report and order identified as Implementation 

21 of Video Description of Video Programming, Report 

22 and Order (15 F.C.C.R. 15,230 (2000)), when such 

23 rules are republished and refreshed pursuant to 

24 paragraph (2), shall— 


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

2 effect and ratified by law; and 

3 ‘‘(B) apply to video programming (as such 

4 term is defined in subsection (g)) that is first 

5 published or exhibited after the date of enact6 ment of the Twenty-first Century Communica7 tions and Video Accessibility Act of 2009. 

8 ‘‘(2) CONTINUING AUTHORITY OF THE COMMIS9 SION.—The Commission shall— 

10 ‘‘(A) within 45 days after the date of en11 actment of the Twenty-first Century Commu12 nications and Video Accessibility Act of 2009— 

13 ‘‘(i) publish and refresh its video de14 scription regulations contained in the re15 port and order identified as Implementa16 tion of Video Description of Video Pro17 gramming, Report and Order (15 F.C.C.R. 

18 15,230 (2000)) in a manner that provides 

19 the same or an improved level of video de20 scription service; and 

21 ‘‘(ii) apply the requirements of such 

22 report and order to owners of and pro23 viders of video programming (as such term 

24 is defined in subsection (g)); 


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

2 within 12 months after the submission of the 

3 report to Congress required by section 201(b) 

4 of the Twenty-first Century Communications 

5 and Video Accessibility Act of 2009 to— 

6 ‘‘(i) identify methods to convey emer7 gency information (as that term is defined 

8 in section 79.2 of the Commission’s regula9 tions (47 C.F.R. 79.2)) in a manner acces10 sible to individuals who are blind or vis11 ually impaired; and 

12 ‘‘(ii) promulgate regulations that re13 quire video programming providers and 

14 video programming distributors (as those 

15 terms are defined in section 79.1 of the 

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

17 79.1)) and owners of video programming 

18 to convey such emergency information in a 

19 manner accessible to individuals who are 

20 blind or visually impaired, consistent with 

21 the requirements of such section of such 

22 regulations; and 

23 ‘‘(C) promulgate any other regulation that 

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1 sions of this section, including regulations to in2 crease the amount of video description required 

3 to achieve full access to video programming for 

4 individuals who are blind or visually impaired. 

5 ‘‘(3) REQUIREMENTS FOR RULES.— 

6 ‘‘(A) The regulations described in para7 graph (1) and republished and refreshed, or 

8 otherwise increased or enhanced, pursuant to 

9 subparagraphs (A) or (C) of paragraph (2) 

10 shall include an appropriate schedule of dead11 lines for the provision of video description of 

12 video programming. 

13 ‘‘(B) Such regulations may permit a pro14 vider of video programming or program owner 

15 to petition the Commission for an exemption 

16 from the requirements of this section upon a 

17 showing that the requirements contained in this 

18 section would result in an undue burden (as de19 fined in subsection (e)). A provider shall be ex20 empt from such requirements only after the 

21 Commission decides to grant any such petition. 

22 ‘‘(C) The Commission may exempt from 

23 the regulations established pursuant to para24 graph (2)(C) services, classes of services, pro25 grams, classes of programs, equipment, or 


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1 classes of equipment for which the Commission 

2 has determined that the application of such reg3 ulations would be economically burdensome to 

4 the providers of such services. 

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

6 ‘‘(1) VIDEO DESCRIPTION.—The term ‘video de7 scription’ means the insertion of audio narrated de8 scriptions of the video programming’s key visual ele9 ments into natural pauses between the program’s 

10 dialogue. 

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

12 programming’ means programming provided by, or 

13 generally considered comparable to programming 

14 provided by, a television broadcast station, even if 

15 such programming is distributed over the Internet or 

16 by some other means.’’. 

17 (b) CLOSED CAPTIONING ON VIDEO PROGRAMMING

18 DISTRIBUTED OVER THE INTERNET.—Section 713 of 

19 such Act is further amended by striking subsection (c) and 

20 inserting the following: 

21 ‘‘(c) DEADLINES FOR CAPTIONING.— 

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

23 pursuant to subsection (b) shall include an appro24 priate schedule of deadlines for the provision of 

25 closed captioning of video programming. 


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1 ‘‘(2) DEADLINES FOR INTERNET-DISTRIBUTED

2 PROGRAMMING.— 

3 ‘‘(A) Within 12 months after the submis4 sion of the report to Congress required by sec5 tion 201(b) of the Twenty-first Century Com6 munications and Video Accessibility Act of 

7 2009, the Commission shall prescribe regula8 tions that include an appropriate schedule of 

9 deadlines for the provision of closed captioning 

10 of video programming distributed to the public 

11 over the Internet. 

12 ‘‘(B) Consistent with the regulations pro13 mulgated under subsection (b), the regulations 

14 prescribed under this paragraph shall ensure 

15 the accessibility of video programming, except 

16 for consumer generated media, through the pro17 vision of captions on— 

18 ‘‘(i) preproduced video programming 

19 that was previously captioned for television 

20 viewing; 

21 ‘‘(ii) live video programming; and 

22 ‘‘(iii) video programming first pub23 lished or exhibited after the effective date 

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1 gramming provided by multichannel pro2 gramming distributors.’’. 

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

4 such Act is amended by striking paragraph (3) and insert5 ing the following: 

6 ‘‘(3) a provider of video programming or pro7 gram owner may petition the Commission for an ex8 emption from the requirements of this section, 

9 and— 

10 ‘‘(A) the Commission may grant such peti11 tion upon a showing that the requirements con12 tained in this section would result in an undue 

13 burden; and 

14 ‘‘(B) such exemption shall be effective only 

15 after the Commission grants such petition.’’. 

16 SEC. 204. USER INTERFACES REGULATIONS. 

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

19 adding at the end the following new subsection: 

20 ‘‘(cc)(1) Require, after inquiry— 

21 ‘‘(A) that apparatus designed to re22 ceive or play back video programming 

23 transmitted simultaneously with sound, in24 cluding apparatus designed to receive or 

25 display video programming transmitted by 


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1 means of services using the Internet pro2 tocol (or successor protocol), be designed, 

3 developed, and fabricated so that control of 

4 all apparatus functions enabling the re5 ceipt, display, navigation, or selection of 

6 video programming (and any other func7 tions shared by, related to, or necessary to 

8 access such apparatus functions), are ac9 cessible to and usable by individuals with 

10 disabilities; 

11 ‘‘(B) that where on-screen text menus 

12 or other visual indicators are used to ac13 cess the functions described in subpara14 graph (A), such functions be accompanied 

15 by audio output that is either integrated or 

16 peripheral to the apparatus, so that such 

17 menus or indicators are accessible to and 

18 usable by individuals who are blind or vis19 ually impaired in real-time; and 

20 ‘‘(C) that user controls need to access 

21 closed captioning and video description, in22 cluding— 

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

24 remote control of such apparatus 

25 (where a remote control is provided 


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1 with the apparatus) designated for ac2 tivating the closed caption function; 

3 and 

4 ‘‘(ii) the inclusion of ‘closed cap5 tions’ and ‘video description’ on the 

6 first menu that appears when on7 screen menus are displayed on such 

8 apparatus. 

9 ‘‘(2) For purposes of this subsection, the 

10 terms ‘video description’ and ‘video program11 ming’ have the meanings given such terms in 

12 section 713(g).’’. 

13 (b) IMPLEMENTING REGULATIONS.—Within 12 

14 months after the submission of the report to Congress re15 quired by section 201(b) of this Act, the Federal Commu16 nications Commission shall prescribe such regulations as 

17 are necessary to implement the amendments made by sub18 section (a). 

19 SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND 

20 MENUS. 

21 (a) AMENDMENT.—Section 303 of the Communica22 tions Act of 1934 (47 U.S.C. 303) is further amended by 

23 adding after subsection (cc), as added by section 204 of 

24 this Act, the following new subsection: 


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1 ‘‘(dd) Require each provider or owner of video 

2 programming (as such term is defined in section 

3 713(g)), with the exception of consumer generated 

4 media, and each multichannel programming dis5 tributor to ensure that video programming informa6 tion and selection provided by means of a naviga7 tional device, guide, or menu is accessible in real8 time by individuals with disabilities who are unable 

9 to read the visual display.’’. 

10 (b) IMPLEMENTING REGULATIONS.—Within 12 

11 months after the submission of the report to Congress re12 quired by section 201(b) of this Act, the Federal Commu13 nications Commission shall prescribe such regulations as 

14 are necessary to implement the amendments made by sub15 section (a). 

Æ 


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