IB 

Union Calendar No. 323 

111TH CONGRESS 

2D SESSION H. R. 3101 

[Report No. 111–563] 

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 

JULY 26, 2010 

Additional sponsors: Ms. LINDA T. SA ́NCHEZ of California, Ms. LEE of California, Mr. STARK, Mr. ISRAEL, Mr. RYAN of Ohio, Mr. VAN HOLLEN, 

Mr. LEWIS of Georgia, Mr. TOWNS, Mr. KANJORSKI, Mr. HINCHEY, Mr. 

GRIJALVA, Mr. HONDA, Mr. MORAN of Virginia, Mr. CARSON of Indiana, 

Ms. NORTON, Mrs. NAPOLITANO, Mr. BLUMENAUER, Ms. PINGREE of 

Maine, Ms. BORDALLO, Mr. ROTHMAN of New Jersey, Mr. PETERSON, 

Ms. MCCOLLUM, Mr. CLEAVER, Mr. CAPUANO, Mr. MCGOVERN, Mr. FILNER, Mr. FRANK of Massachusetts, Mr. DOGGETT, Mrs. MALONEY, Mr. 

PAYNE, Ms. SLAUGHTER, Mr. BERMAN, Mr. CHANDLER, Mr. DAVIS of 

Tennessee, Mr. MOORE of Kansas, Mr. NEAL of Massachusetts, Mr. 

OLVER, Mr. TIERNEY, Ms. KILROY, Ms. SCHAKOWSKY, Mr. HASTINGS of 

Florida, Mr. ENGEL, Mr. SCHIFF, Mr. MAFFEI, Ms. ROS-LEHTINEN, Mr. 

GRIFFITH, Mr. PALLONE, Mr. CONNOLLY of Virginia, Mrs. LOWEY, Ms. 

ESHOO, Ms. MATSUI, Ms. CLARKE, and Mr. CLAY

JULY 26, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 26, 2009] 


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A BILL 

To ensure that individuals with disabilities have access to 

emerging Internet Protocol-based communication and 

video programming technologies in the 21st century. 


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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. 

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. 

8 SEC. 2. LIMITATION ON LIABILITY. 

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

10 (b), no person shall be liable for a violation of the require11 ments of this Act (or of the provisions of the Communica12 tions Act of 1934 that are amended or added by this Act) 

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1 ment used to provide or access advanced communications 

2 services to the extent such person— 

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

4 transient storage the communications made available 

5 through the provision of advanced communications 

6 services by a third party; or 

7 (2) provides an information location tool, such 

8 as a directory, index, reference, pointer, menu, guide, 

9 user interface, or hypertext link, through which an 

10 end user obtains access to such video programming, 

11 online content, applications, services, advanced com12 munications services, or equipment used to provide or 

13 access advanced communications services. 

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

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

16 such person relies on third party applications, services, soft17 ware, hardware, or equipment to comply with the require18 ments of this Act (or of the provisions of the Communica19 tions Act of 1934 that are amended or added by this Act). 

20 SEC. 3. PROPRIETARY TECHNOLOGY. 

21 No action taken by the Commission to implement the 

22 requirements of this Act or the amendments made by this 

23 Act shall mandate the use or incorporation of proprietary 

24 technology. 


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1 TITLE I—COMMUNICATIONS 

2 ACCESS 

3 SEC. 101. DEFINITIONS. 

4 Section 3 of the Communications Act of 1934 (47 

5 U.S.C. 153) is amended— 

6 (1) by adding at the end the following new para7 graphs: 

8 ‘‘(53) ADVANCED COMMUNICATIONS SERVICES.— 

9 The term ‘advanced communications services’ 

10 means— 

11 ‘‘(A) interconnected VoIP service; 

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

13 ‘‘(C) electronic messaging service; and 

14 ‘‘(D) video conferencing service. 

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

16 ‘consumer generated media’ means content created 

17 and made available by consumers to web sites, includ18 ing video, audio, and multimedia content. 

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

20 meaning given such term under section 3 of the Amer21 icans with Disabilities Act of 1990 (42 U.S.C. 

22 12102). 

23 ‘‘(56) ELECTRONIC MESSAGING SERVICE.—The 

24 term ‘electronic messaging service’ means a service 


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1 that provides non-voice messages in text form between 

2 individuals over communications networks. 

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

4 term ‘interconnected VoIP service’ has the meaning 

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

6 Federal Regulations, as such section may be amended 

7 from time to time. 

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

9 The term ‘non-interconnected VoIP service’— 

10 ‘‘(A) means a service that— 

11 ‘‘(i) enables real-time voice commu12 nications that originate from or terminate 

13 to the user’s location using Internet protocol 

14 or any successor protocol; and 

15 ‘‘(ii) requires Internet protocol compat16 ible customer premises equipment; and 

17 ‘‘(B) does not include any service that is an 

18 interconnected VoIP service. 

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

20 term ‘video conferencing service’ means a service that 

21 provides real-time video communications, including 

22 audio, to enable users to share information of the 

23 user’s choosing.’’; and 

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

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


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1 section in alphabetical order based on the headings of 

2 such paragraphs and renumbering such paragraphs 

3 as so reordered. 

4 SEC. 102. HEARING AID COMPATIBILITY. 

5 (a) COMPATIBILITY REQUIREMENTS.— 

6 (1) TELEPHONE SERVICE FOR THE DISABLED.— 

7 Section 710(b)(1) of the Communications Act of 1934 

8 (47 U.S.C. 610(b)(1)) is amended to read as follows: 

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

10 and subsection (c), the Commission shall require that cus11 tomer premises equipment described in this paragraph pro12 vide internal means for effective use with hearing aids that 

13 are designed to be compatible with telephones which meet 

14 established technical standards for hearing aid compat15 ibility. Customer premises equipment described in this 

16 paragraph are the following: 

17 ‘‘(A) All essential telephones. 

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

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

20 after the date of enactment of the Hearing Aid Com21 patibility Act of 1988 or imported for use in the 

22 United States more than one year after such date. 

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

24 advanced communications services that is designed to 

25 provide 2-way voice communications via a built-in 


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1 speaker intended to be held to the ear in a manner 

2 functionally equivalent to a telephone, subject to the 

3 regulations prescribed by the Commission under sub4 section (e).’’. 

5 (2) ADDITIONAL AMENDMENTS.—Section 710(b) 

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

7 610(b)) is further amended— 

8 (A) in paragraph (2)— 

9 (i) in subparagraph (A)— 

10 (I) in the matter preceding clause 

11 (i)— 

12 (aa) by striking ‘‘initial’’; 

13 (bb) by striking ‘‘of this sub14 section after the date of enactment 

15 of the Hearing Aid Compatibility 

16 Act of 1988’’; and 

17 (cc) by striking ‘‘paragraph 

18 (1)(B) of this subsection’’ and in19 serting ‘‘subparagraphs (B) and 

20 (C) of paragraph (1)’’; 

21 (II) by inserting ‘‘and’’ at the end 

22 of clause (ii); 

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

24 (IV) by redesignating clause (iv) 

25 as clause (iii); 


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1 (ii) by striking subparagraph (B) and 

2 redesignating subparagraph (C) as subpara3 graph (B); and 

4 (iii) in subparagraph (B) (as so redes5 ignated)— 

6 (I) by striking the first sentence 

7 and inserting ‘‘The Commission shall 

8 periodically assess the appropriateness 

9 of continuing in effect the exemptions 

10 for telephones and other customer 

11 premises equipment described in sub12 paragraph (A) of this paragraph.’’; 

13 and 

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

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

16 and inserting ‘‘subparagraph (B) or 

17 (C) of paragraph (1)’’; 

18 (B) in paragraph (4)(B)— 

19 (i) by striking ‘‘public mobile’’ and in20 serting ‘‘telephones used with public mo21 bile’’; 

22 (ii) by inserting ‘‘telephones and other 

23 customer premises equipment used in whole 

24 or in part with’’ after ‘‘means’’; 


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

2 land mobile telephone service,’’ and insert3 ing ‘‘or’’; 

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

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

6 the following: ‘‘, or any functionally equiva7 lent unlicensed wireless services’’; and 

8 (C) in paragraph (4)(C)— 

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

10 services’ ’’ and inserting ‘‘term ‘telephones 

11 used with private radio services’ ’’; and 

12 (ii) by inserting ‘‘telephones and other 

13 customer premises equipment used in whole 

14 or in part with’’ after ‘‘means’’. 

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

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

17 by adding at the end the following: ‘‘A telephone or other 

18 customer premises equipment that is compliant with rel19 evant technical standards developed through a public par20 ticipation process and in consultation with interested con21 sumer stakeholders (designated by the Commission for the 

22 purposes of this section) will be considered hearing aid com23 patible for purposes of this section, until such time as the 

24 Commission may determine otherwise. The Commission 

25 shall consult with the public, including people with hearing 


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1 loss, in establishing or approving such technical standards. 

2 The Commission may delegate this authority to an em3 ployee pursuant to section 5(c). The Commission shall re4 main the final arbiter as to whether the standards meet the 

5 requirements of this section.’’. 

6 (c) RULEMAKING.—Section 710(e) of the Communica7 tions Act of 1934 (47 U.S.C. 610(e)) is amended— 

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

9 ‘‘loss’’; and 

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

11 ‘‘In implementing the provisions of subsection 

12 (b)(1)(C), the Commission shall use appropriate time13 tables or benchmarks to the extent necessary (1) due 

14 to technical feasibility, or (2) to ensure the market15 ability or availability of new technologies to users.’’. 

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

17 Communications Act of 1934 (47 U.S.C. 610(h)) is amend18 ed to read as follows: 

19 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in the Twen20 ty-First Century Communications and Video Accessibility 

21 Act of 2010 shall be construed to modify the Commission’s 

22 regulations set forth in section 20.19 of title 47 of the Code 

23 of Federal Regulations, as in effect on the date of enactment 

24 of such Act.’’. 


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1 SEC. 103. RELAY SERVICES. 

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

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

4 amended to read as follows: 

5 ‘‘(3) TELECOMMUNICATIONS RELAY SERVICES.— 

6 The term ‘telecommunications relay services’ means 

7 telephone transmission services that provide the abil8 ity for an individual who is deaf, hard of hearing, 

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

10 in communication by wire or radio with one or more 

11 individuals, in a manner that is functionally equiva12 lent to the ability of a hearing individual who does 

13 not have a speech disability to communicate using 

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

15 (b) INTERNET PROTOCOL-BASED RELAY SERVICES.— 

16 Title VII of such Act (47 U.S.C. 601 et seq.) is amended 

17 by adding at the end the following new section: 

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

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

20 Twenty-First Century Communications and Video Accessi21 bility Act of 2010, each interconnected VoIP service pro22 vider and each provider of non-interconnected VoIP service 

23 shall participate in and contribute to the Telecommuni24 cations Relay Services Fund established in section 

25 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, 

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1 ner prescribed by the Commission by regulation to provide 

2 for obligations of such providers that are consistent with 

3 and comparable to the obligations of other contributors to 

4 such Fund.’’. 

5 (c) TELECOMMUNICATIONS RELAY SERVICES POLICY

6 ADVISORY COUNCIL.—Section 225 of the Communications 

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

8 end the following new subsection: 

9 ‘‘(h) TELECOMMUNICATIONS RELAY SERVICES POLICY

10 ADVISORY COUNCIL.— 

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

12 after the date of enactment of the Twenty-First Cen13 tury Communications and Video Accessibility Act of 

14 2010, the Chairman of the Commission shall establish 

15 an advisory committee to be known as the Tele16 communications Relay Services Policy Advisory 

17 Council (in this section referred to as the ‘Policy Ad18 visory Council’) and shall require the Policy Advisory 

19 Council— 

20 ‘‘(A) to conduct their meetings in a manner 

21 that is open to the public; 

22 ‘‘(B) to make a complete and comprehensive 

23 record of such proceedings publicly available; 


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1 ‘‘(C) to establish safeguards to identify and 

2 mitigate conflicts of interest with respect to 

3 members of the Policy Advisory Council; and 

4 ‘‘(D) to advise the Commission in the devel5 opment or proposal of any major changes or new 

6 rules relating to telecommunications relay serv7 ices; 

8 ‘‘(2) MEMBERSHIP.—As soon as practicable after 

9 the date of enactment of the Twenty-First Century 

10 Communications and Video Accessibility Act of 2010, 

11 the Chairman of the Commission shall appoint the 

12 members of the Policy Advisory Council, ensuring a 

13 balance between potential consumers and other stake14 holders. Members of the Policy Advisory Council shall 

15 be selected from each of the following groups: 

16 ‘‘(A) Individuals who are consumers of tele17 communications relay services. 

18 ‘‘(B) Representatives of State commissions 

19 with jurisdiction over intrastate telecommuni20 cations relay services. 

21 ‘‘(C) Representatives of providers of tele22 communications relay services. 

23 ‘‘(3) COLLECTION AND DISSEMINATION OF INFOR24 MATION AND ADVICE.—The Commission— 


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1 ‘‘(A) shall seek the advice of the Policy Ad2 visory Council in assisting the Commission in 

3 developing or proposing any major changes or 

4 issuing any new rules relating to telecommuni5 cations relay services; and 

6 ‘‘(B) shall, with the advice of the Policy Ad7 visory Council, make all regulations, rules, and 

8 orders relating to telecommunications relay serv9 ices fully and easily accessible to consumers of 

10 such services.’’. 

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

12 Communications Act of 1934 (47 U.S.C. 225), as amended 

13 by subsection (c), is further amended by adding after sub14 section (h) the following new subsection: 

15 ‘‘(i) FOLLOWUP PROCEEDING.— 

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

17 after the date of enactment of the Twenty-First Cen18 tury Communications and Video Accessibility Act of 

19 2010, the Commission, in consultation with all rel20 evant Federal agencies, shall submit to the Committee 

21 on Commerce, Science, and Transportation of the 

22 Senate and the Committee on Energy and Commerce 

23 of the House of Representatives a report— 

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1 tomers have access to improved technologies, 

2 interoperability, and functionalities; and 

3 ‘‘(B) identifying impediments to the broad 

4 and efficient use of telecommunications relay 

5 services in the workplace. 

6 ‘‘(2) SUGGESTIONS FOR WORKPLACE ADOP7 TION.—The Commission shall develop suggestions to 

8 facilitate broader and more efficient use of tele9 communications relay services in the workplace, in10 cluding suggestions for facilitating the replacement of 

11 outdated end-user telecommunications relay services 

12 equipment in public places and government offices.’’. 

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

14 EQUIPMENT. 

15 (a) TITLE VII AMENDMENT.—Title VII of the Commu16 nications Act of 1934 (47 U.S.C. 601 et seq.), as amended 

17 by section 103, is further amended by adding at the end 

18 the following new sections: 

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

20 SERVICES. 

21 ‘‘(a) ACCESS TO EQUIPMENT.— 

22 ‘‘(1) RIGHT TO ACCESSIBLE EQUIPMENT.—With 

23 respect to equipment manufactured after the effective 

24 date of the regulations established pursuant to this 

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1 turer of equipment used for advanced communica2 tions, including end user equipment, network equip3 ment, and software, shall ensure that such equipment 

4 that such manufacturer offers for sale or otherwise 

5 distributes in interstate commerce shall be accessible 

6 to and usable by individuals with disabilities, unless 

7 doing so is not achievable. 

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

9 of equipment may satisfy the requirements of para10 graph (1) with respect to such equipment by— 

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

12 manufacturer offers is accessible to and usable by 

13 individuals with disabilities without the use of 

14 third party applications, peripheral devices, soft15 ware, hardware, or customer premises equip16 ment; or 

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

18 third party applications, peripheral devices, soft19 ware, hardware, or customer premises equipment 

20 that is available to the consumer at nominal cost 

21 and that individuals with disabilities can access. 

22 ‘‘(b) ACCESS TO SERVICES.— 

23 ‘‘(1) RIGHT TO ACCESSIBLE SERVICES.—With re24 spect 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 such 

4 provider offers for sale or otherwise distributes in 

5 interstate commerce shall be accessible to and usable 

6 by individuals with disabilities, unless doing so is not 

7 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 in13 dividuals with disabilities without the use of 

14 third party applications, peripheral devices, soft15 ware, hardware, or customer premises equip16 ment; 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 and 

21 that individuals with disabilities can access. 

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

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

24 requirements of subsection (b) are not achievable for a pro25 vider, a manufacturer or provider shall ensure that its 


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1 equipment or service is compatible with peripheral devices 

2 or specialized customer premises equipment commonly used 

3 by individuals with disabilities to achieve access, unless the 

4 requirement of this subsection is not achievable. 

5 ‘‘(d) NETWORK FEATURES, FUNCTIONS, AND CAPA6 BILITIES.—Each provider of advanced communications 

7 services has the duty not to install network features, func8 tions, or capabilities that impede accessibility or usability 

9 of advanced communications services. 

10 ‘‘(e) REGULATIONS.— 

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

12 date of enactment of the Twenty-First Century Com13 munications and Video Accessibility Act of 2010, the 

14 Commission shall promulgate such regulations as are 

15 necessary to implement this section. In prescribing 

16 the regulations, the Commission shall— 

17 ‘‘(A) include performance objectives to en18 sure the accessibility, usability, and compat19 ibility of advanced communications services and 

20 the equipment used for advanced communica21 tions services by individuals with disabilities; 

22 ‘‘(B) provide that advanced communica23 tions services, the equipment used for advanced 

24 communications services, and networks used to 

25 provide advanced communications services may 


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1 not impair or impede the accessibility of infor2 mation content when accessibility has been in3 corporated into that content for transmission 

4 through advanced communications services, 

5 equipment used for advanced communications 

6 services, or networks used to provide advanced 

7 communications services; and 

8 ‘‘(C) determine the obligations under this 

9 section of manufacturers, service providers, and 

10 providers of applications. 

11 ‘‘(2) PROSPECTIVE GUIDELINES.—The Commis12 sion shall issue prospective guidelines for a manufac13 turer or provider regarding the requirements of this 

14 section. 

15 ‘‘(f) SERVICES AND EQUIPMENT SUBJECT TO SECTION

16 255.—The requirements of this section shall not apply to 

17 any equipment or services, including interconnected VoIP 

18 service, that are subject to the requirements of section 255 

19 on the day before the date of enactment of the Twenty-First 

20 Century Communications and Video Accessibility Act of 

21 2010. Such services and equipment shall remain subject to 

22 the requirements of section 255. 

23 ‘‘(g) ACHIEVABLE DEFINED.—For purposes of this sec24 tion and section 717, the term ‘achievable’ means with rea25 sonable effort or expense, as determined by the Commission. 


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1 In determining whether the requirements of a provision are 

2 achievable, the Commission shall consider the following fac3 tors: 

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

5 meet the requirements of this section with respect to 

6 the specific equipment or service in question. 

7 ‘‘(2) The impact on the operations of the manu8 facturer or provider and on the operation of the spe9 cific equipment or service in question, including on 

10 the development and deployment of new communica11 tions technologies. 

12 ‘‘(3) The financial resources of the manufacturer 

13 or provider. 

14 ‘‘(4) The type of operations of the manufacturer 

15 or provider. 

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

17 manufacturer in question offers accessible services or 

18 equipment containing varying degrees of 

19 functionality and features, and offered at differing 

20 price points. 

21 ‘‘(h) COMMISSION FLEXIBILITY.— 

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

23 authority, on its own motion or in response to a peti24 tion by a manufacturer or provider, to waive the re25 quirements of this section for any feature or function 


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1 of equipment used to provide or access advanced com2 munications services, or for any class of such equip3 ment, that— 

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

5 communications service; and 

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

7 is designed primarily for purposes other than 

8 using advanced communications services. 

9 ‘‘(2) SMALL ENTITY EXEMPTION.—The Commis10 sion may exempt small entities from the requirements 

11 of this section. 

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

13 provisions of this section shall not apply to customized 

14 equipment or services that are not offered directly to the 

15 public, or to such classes of users as to be effectively avail16 able directly to the public, regardless of the facilities used. 

17 ‘‘(j) RULE OF CONSTRUCTION.—This section shall not 

18 be construed to require a manufacturer of equipment used 

19 for advanced communications or a provider of advanced 

20 communications services to make every feature and function 

21 of every device or service accessible for every disability. 

22 ‘‘SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGA23 TIONS. 

24 ‘‘(a) COMPLAINT AND ENFORCEMENT PROCEDURES.— 

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1 First Century Communications and Video Accessibility Act 

2 of 2010, the Commission shall establish regulations that fa3 cilitate the filing of formal and informal complaints that 

4 allege a violation of section 255 or 716, establish procedures 

5 for enforcement actions by the Commission with respect to 

6 such violations, and implement the recordkeeping obliga7 tions of paragraph (5) for manufacturers and providers 

8 subject to such sections. Such regulations shall include the 

9 following provisions: 

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

11 any fee to an individual who files a complaint alleg12 ing a violation of section 255 or 716. 

13 ‘‘(2) RECEIPT OF COMPLAINTS.—The Commis14 sion shall establish separate and identifiable elec15 tronic, telephonic, and physical receptacles for the re16 ceipt of complaints filed under section 255 or 716. 

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

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

19 violation of section 255 or 716 by a manufac20 turer of equipment or provider of service subject 

21 to such sections may file a formal or informal 

22 complaint with the Commission. 

23 ‘‘(B) INVESTIGATION OF INFORMAL COM24 PLAINT.—The Commission shall investigate the 

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1 in 180 days after the date on which such com2 plaint was filed with the Commission, issue an 

3 order concluding the investigation, unless such 

4 complaint is resolved before such time. The order 

5 shall include a determination whether any viola6 tion occurred. 

7 ‘‘(i) VIOLATION.—If the Commission 

8 determines that a violation has occurred, 

9 the Commission may, in the order issued 

10 under this subparagraph or in a subsequent 

11 order, require the manufacturer or service 

12 provider to take such action as is necessary 

13 to comply with the requirements of this sec14 tion. 

15 ‘‘(ii) NO VIOLATION.—If a determina16 tion is made that a violation has not oc17 curred, the Commission shall provide the 

18 basis for such determination. 

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

20 Commission may consolidate for investigation 

21 and resolution complaints alleging substantially 

22 the same violation. 

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

24 Commission makes a determination pursuant to 

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


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1 complaint shall have a reasonable opportunity to re2 spond to such complaint, and may include in such re3 sponse any factors that are relevant to such deter4 mination. 

5 ‘‘(5) RECORDKEEPING.— 

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

7 after the effective date of regulations promulgated 

8 pursuant to section 716(e), each manufacturer 

9 and provider subject to sections 255 and 716 

10 shall maintain, in the ordinary course of busi11 ness and for a reasonable period, records of any 

12 efforts taken by such manufacturer or provider to 

13 implement sections 255 and 716, including the 

14 following: 

15 ‘‘(i) Information about the manufac16 turer’s or provider’s efforts to consult with 

17 individuals with disabilities. 

18 ‘‘(ii) Descriptions of the accessibility 

19 features of its products and services. 

20 ‘‘(iii) Information about the compat21 ibility of such products and services with 

22 peripheral devices or specialized customer 

23 premise equipment commonly used by indi24 viduals with disabilities to achieve access. 


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1 ‘‘(B) SUBMISSION OF ANNUAL CERTIFI2 CATION.—An officer of a manufacturer or pro3 vider shall submit to the Commission an annual 

4 certification that records are being kept in ac5 cordance with subparagraph (A). 

6 ‘‘(C) COMMISSION REQUEST FOR

7 RECORDS.—After the filing of a formal or infor8 mal complaint against a manufacturer or pro9 vider in the manner prescribed in paragraph 

10 (3), the Commission may request, and shall keep 

11 confidential, a copy of the records maintained by 

12 such manufacturer or provider pursuant to sub13 paragraph (A) of this paragraph that are di14 rectly relevant to the equipment or service that 

15 is the subject of such complaint. 

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

17 to carry out any of its responsibilities to act upon a 

18 complaint in the manner prescribed in paragraph 

19 (3), the person that filed such complaint may bring 

20 an action in the nature of mandamus in the United 

21 States Court of Appeals for the District of Columbia 

22 to compel the Commission to carry out any such re23 sponsibility. 

24 ‘‘(7) COMMISSION JURISDICTION.—The limita25 tions of section 255(f) shall apply to any claim that 


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1 alleges a violation of section 255 or 716. Nothing in 

2 this paragraph affects or limits any action for man3 damus under paragraph (6) or any appeal pursuant 

4 to section 402(b)(10). 

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

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

7 be construed to preclude a person who files a com8 plaint and a manufacturer or provider from resolving 

9 a formal or informal complaint prior to the Commis10 sion’s final determination in a complaint proceeding. 

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

12 jointly request dismissal of the complaint and the 

13 Commission shall grant such request. 

14 ‘‘(b) REPORTS TO CONGRESS.— 

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

16 date of enactment of the Twenty-First Century Com17 munications and Video Accessibility Act of 2010, the 

18 Commission shall submit to the Committee on Com19 merce, Science, and Transportation of the Senate and 

20 the Committee on Energy and Commerce of the House 

21 of Representatives a report that includes the fol22 lowing: 

23 ‘‘(A) An assessment of the level of compli24 ance with sections 255 and 716. 


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

2 any accessibility barriers still exist with respect 

3 to new communications technologies. 

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

5 received pursuant to subsection (a) during the 

6 two years that are the subject of the report. 

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

8 resolve such complaints under this section, in9 cluding forfeiture penalties assessed. 

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

11 the Commission to resolve each such complaint. 

12 ‘‘(F) The number, status, nature, and out13 come of any actions for mandamus filed pursu14 ant to subsection (a)(6) and the number, status, 

15 nature, and outcome of any appeals filed pursu16 ant to section 402(b)(10). 

17 ‘‘(G) An assessment of the effect of the re18 quirements of this section on the development 

19 and deployment of new communications tech20 nologies. 

21 ‘‘(2) PUBLIC COMMENT REQUIRED.—The Com22 mission shall seek public comment on its tentative 

23 findings prior to submission to the Committees of the 

24 report under this subsection. 


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1 ‘‘(c) COMPTROLLER GENERAL ENFORCEMENT

2 STUDY.— 

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

4 shall conduct a study to consider and evaluate the fol5 lowing: 

6 ‘‘(A) The Commission’s compliance with the 

7 requirements of this section, including the Com8 mission’s level of compliance with the deadlines 

9 established under and pursuant to this section 

10 and deadlines for acting on complaints pursuant 

11 to subsection (a). 

12 ‘‘(B) Whether the enforcement actions taken 

13 by the Commission pursuant to this section have 

14 been appropriate and effective in ensuring com15 pliance with this section. 

16 ‘‘(C) Whether the enforcement provisions 

17 under this section are adequate to ensure compli18 ance with this section. 

19 ‘‘(D) An assessment of the effect of the re20 quirements of this section on the development 

21 and deployment of new communications tech22 nologies. 

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

24 date of enactment of the Twenty-First Century Com25 munications and Video Accessibility Act of 2010, the 


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1 Comptroller General shall submit to the Committee on 

2 Commerce, Science, and Transportation of the Senate 

3 and the Committee on Energy and Commerce of the 

4 House of Representatives a report on the results of the 

5 study required by paragraph (1), with recommenda6 tions for how the enforcement process and measures 

7 under this section may be modified or improved. 

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

9 date of enactment of the Twenty-First Century Communica10 tions and Video Accessibility Act of 2010, the Commission 

11 shall, in consultation with the Architectural and Transpor12 tation Barriers Compliance Board, the National Tele13 communications and Information Administration, trade 

14 associations, and organizations representing individuals 

15 with disabilities, establish a clearinghouse of information 

16 on the availability of accessible products and services and 

17 accessibility solutions required under sections 255 and 716. 

18 Such information shall be made publicly available on the 

19 Commission’s website and by other means, and shall in20 clude an annually updated list of products and services 

21 with access features. 

22 ‘‘(e) OUTREACH AND EDUCATION.—Upon establish23 ment of the clearinghouse of information required under 

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

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1 tration, shall conduct an informational and educational 

2 program designed to inform the public about the avail3 ability of the clearinghouse and the protections and rem4 edies available under sections 255 and 716. 

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

6 USED WITH PUBLIC MOBILE SERVICES. 

7 ‘‘(a) ACCESSIBILITY.—If a manufacturer of a tele8 phone used with public mobile services (as such term is de9 fined in section 710(b)(4)(B)) includes an Internet browser 

10 in such telephone, or if a provider of mobile service arranges 

11 for the inclusion of a browser in telephones to sell to cus12 tomers, the manufacturer or provider shall ensure that the 

13 functions of the included browser (including the ability to 

14 launch the browser) are accessible to and usable by individ15 uals who are blind or have a visual impairment, unless 

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

17 not impose any requirement on such manufacturer or pro18 vider— 

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

20 browser other than a browser that such manufacturer 

21 or provider includes or arranges to include in the 

22 telephone; or 

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

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1 viduals with disabilities to use an included browser to 

2 access such content, applications or services). 

3 ‘‘(b) INDUSTRY FLEXIBILITY.—A manufacturer or pro4 vider may satisfy the requirements of subsection (a) with 

5 respect to such telephone or services by— 

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

7 such manufacture or provider offers is accessible to 

8 and usable by individuals with disabilities without 

9 the use of third party applications, peripheral de10 vices, software, hardware, or customer premises equip11 ment; or 

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

13 devices, software, hardware, or customer premises 

14 equipment that is available to the consumer at nomi15 nal cost and that individuals with disabilities can ac16 cess.’’. 

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

18 of the Communications Act of 1934, as added by subsection 

19 (a), shall take effect 3 years after the date of enactment of 

20 this Act. 

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

22 Act (47 U.S.C. 503(b)(2)) is amended by adding after sub23 paragraph (E) the following: 

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

25 violator is a manufacturer or service provider subject to the 


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1 requirements of section 255 or 716, and is determined by 

2 the Commission to have violated any such requirement, the 

3 manufacturer or provider shall be liable to the United 

4 States for a forfeiture penalty of not more than $100,000 

5 for each violation or each day of a continuing violation, 

6 except that the amount assessed for any continuing viola7 tion shall not exceed a total of $1,000,000 for any single 

8 act or failure to act.’’. 

9 (d) REVIEW OF COMMISSION DETERMINATIONS.—Sec10 tion 402(b) of such Act (47 U.S.C. 402(b)) is amended by 

11 adding the following new paragraph: 

12 ‘‘(10) By any person who is aggrieved or whose inter13 ests are adversely affected by a determination made by the 

14 Commission under section 717(a)(3).’’. 

15 SEC. 105. EMERGENCY ACCESS ADVISORY COMMITTEE. 

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

17 equal access to emergency services by individuals with dis18 abilities, as a part of the migration to a national Internet 

19 protocol-enabled emergency network, not later than 60 days 

20 after the date of enactment of this Act, the Chairman of 

21 the Commission shall establish an advisory committee, to 

22 be known as the Emergency Access Advisory Committee (re23 ferred to in this section as the ‘‘Advisory Committee’’). 

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

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1 sion shall appoint the members of the Advisory Committee, 

2 ensuring a balance between individuals with disabilities 

3 and other stakeholders, and shall designate two such mem4 bers as the co-chairs of the Committee. Members of the Advi5 sory Committee shall be selected from the following groups: 

6 (1) STATE AND LOCAL GOVERNMENT AND EMER7 GENCY RESPONDER REPRESENTATIVES.—Representa8 tives of State and local governments and representa9 tives of emergency response providers, selected from 

10 among individuals nominated by national organiza11 tions representing such governments and representa12 tives. 

13 (2) SUBJECT MATTER EXPERTS.—Individuals 

14 who have the technical knowledge and expertise to 

15 serve on the Advisory Committee in the fulfillment of 

16 its duties, including representatives of— 

17 (A) providers of interconnected and non18 interconnected VoIP services; 

19 (B) vendors, developers, and manufacturers 

20 of systems, facilities, equipment, and capabilities 

21 for the provision of interconnected and non22 interconnected VoIP services; 

23 (C) national organizations representing in24 dividuals with disabilities and senior citizens; 


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1 (D) Federal agencies or departments re2 sponsible for the implementation of the Next 

3 Generation E 9–1–1 system; 

4 (E) the National Institute of Standards and 

5 Technology; and 

6 (F) other individuals with such technical 

7 knowledge and expertise. 

8 (3) REPRESENTATIVES OF OTHER STAKE9 HOLDERS AND INTERESTED PARTIES.—Representa10 tives of such other stakeholders and interested and af11 fected parties as the Chairman of the Commission de12 termines appropriate. 

13 (c) DEVELOPMENT OF RECOMMENDATIONS.—Within 

14 one year after the completion of the member appointment 

15 process by the Chairman of the Commission pursuant to 

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

17 submit to the Commission recommendations to implement 

18 such technologies and methods, including recommenda19 tions— 

20 (1) with respect to what actions are necessary as 

21 a part of the migration to a national Internet pro22 tocol-enabled network to achieve reliable, interoperable 

23 communication transmitted over such network that 

24 will ensure access to emergency services by individ25 uals with disabilities; 


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1 (2) for protocols, technical capabilities, and tech2 nical requirements to ensure reliability and interoper3 ability necessary to ensure access to emergency serv4 ices by individuals with disabilities; 

5 (3) for the establishment of technical standards 

6 for use by public safety answering points, designated 

7 default answering points, and local emergency au8 thorities; 

9 (4) for relevant technical standards and require10 ments for communication devices and equipment and 

11 technologies to enable the use of reliable emergency ac12 cess; 

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

14 network providers to ensure that such providers do 

15 not install features, functions, or capabilities that 

16 would conflict with technical standards; 

17 (6) for deadlines by which providers of inter18 connected and non-interconnected VoIP services and 

19 manufacturers of equipment used for such services 

20 shall achieve the actions required in paragraphs (1) 

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

22 of current-generation TTY technology to the extent 

23 that this technology is replaced with more effective 

24 and efficient technologies and methods to enable access 


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1 to emergency services by individuals with disabilities; 

2 and 

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

4 Commission’s rules with respect to 9–1–1 services and 

5 E–911 services, as such term is defined in section 158 

6 of the National Telecommunications and Information 

7 Administration Organization Act (47 U.S.C. 942), for 

8 users of telecommunications relay services as new 

9 technologies and methods for providing such relay 

10 services are adopted by providers of such relay serv11 ices. 

12 (d) MEETINGS.— 

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

14 the Advisory Committee shall take place not later 

15 than 45 days after the completion of the member ap16 pointment process by the Chairman of the Commis17 sion pursuant to subsection (b). 

18 (2) OTHER MEETINGS.—After the initial meet19 ing, the Advisory Committee shall meet at the call of 

20 the chairs, but no less than monthly until the rec21 ommendations required pursuant to subsection (c) are 

22 completed and submitted. 

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

24 held by the Advisory Committee shall be duly noticed 


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1 at least 14 days in advance and shall be open to the 

2 public. 

3 (e) PROCEDURAL RULES.— 

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

5 Advisory Committee shall constitute a quorum for 

6 conducting business of the Advisory Committee. 

7 (2) SUBCOMMITTEES.—To assist the Advisory 

8 Committee in carrying out its functions, the chair 

9 may establish appropriate subcommittees composed of 

10 members of the Advisory Committee and other subject 

11 matter experts as determined to be necessary. 

12 (3) ADDITIONAL PROCEDURAL RULES.—The Ad13 visory Committee may adopt other procedural rules 

14 as needed. 

15 (f) FEDERAL ADVISORY COMMITTEE ACT.—The Fed16 eral Advisory Committee Act (5 U.S.C. App.) shall not 

17 apply to the Advisory Committee. 

18 (g) IMPLEMENTING RECOMMENDATIONS.—The Com19 mission shall have the authority to promulgate regulations 

20 to implement the recommendations proposed by the Advi21 sory Committee, as well as any other regulations as are nec22 essary to achieve reliable, interoperable communication that 

23 ensures access by individuals with disabilities to an Inter24 net protocol-enabled emergency network. 


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

2 of enactment of this Act, the Commission shall conduct and 

3 publish the results of a national survey of individuals with 

4 disabilities concerning real time text, geolocation services, 

5 instant messaging services, and mobile telecommunications 

6 relay services. The survey shall seek to determine what indi7 viduals with disabilities believe to be the most effective and 

8 efficient technologies and methods by which to enable access 

9 to emergency services by individuals with disabilities. 

10 (i) DEFINITIONS.—In this section— 

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

12 Communications Commission; 

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

14 of the Federal Communications Commission; and 

15 (3) except as otherwise expressly provided, other 

16 terms have the meanings given such terms in section 

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

18 153). 

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

20 Title VII of the Communications Act of 1934 (47 

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

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

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

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

25 of enactment of the Twenty-First Century Communications 


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1 and Video Accessibility Act of 2010, the Commission shall 

2 establish rules that define as eligible for relay service sup3 port those programs that are approved by the Commission 

4 for the distribution of specialized customer premises equip5 ment designed to make telecommunications service, Internet 

6 access service, and advanced communications, including 

7 interexchange services and advanced telecommunications 

8 and information services, accessible by low-income individ9 uals who are deaf-blind. 

10 ‘‘(b) INDIVIDUALS WHO ARE DEAF-BLIND DEFINED.— 

11 For purposes of this section, the term ‘individuals who are 

12 deaf-blind’ has the meaning given such term in section 206 

13 of the Helen Keller National Center Act (29 U.S.C. 1905). 

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

15 the Commission may provide from its Telecommunications 

16 Relay Services Fund for any fiscal year may not exceed 

17 $10,000,000.’’. 

18 TITLE II—VIDEO PROGRAMMING 

19 SEC. 201. VIDEO PROGRAMMING AND EMERGENCY ACCESS 

20 ADVISORY COMMITTEE. 

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

22 the date of enactment of this Act, the Chairman shall estab23 lish an advisory committee to be known as the Video Pro24 gramming and Emergency Access Advisory Committee. 


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

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

3 individuals who have the technical knowledge and engineer4 ing expertise to serve on the Advisory Committee in the ful5 fillment of its duties, including the following: 

6 (1) Representatives of distributors and providers 

7 of video programming or national organizations rep8 resenting such distributors and providers. 

9 (2) Representatives of vendors, developers, and 

10 manufacturers of systems, facilities, equipment, and 

11 capabilities for the provision of video programming 

12 delivered using Internet protocol or a national orga13 nization representing such vendors, developers, or 

14 manufacturers. 

15 (3) Representatives of manufacturers of con16 sumer electronics or information technology equip17 ment or a national organization representing such 

18 manufacturers. 

19 (4) Representatives of national organizations 

20 representing accessibility advocates, including indi21 viduals with disabilities and the elderly. 

22 (5) Representatives of the broadcast television in23 dustry or a national organization representing such 

24 industry. 


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1 (6) Other individuals with technical and engi2 neering expertise, as the Chairman determines appro3 priate. 

4 (c) COMMISSION OVERSIGHT.—The Chairman shall 

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

6 and direct the work of the Advisory Committee. 

7 (d) TECHNICAL STAFF.—The Commission shall ap8 point a member of the Commission’s technical staff to pro9 vide technical assistance to the Advisory Committee. 

10 (e) DEVELOPMENT OF RECOMMENDATIONS.— 

11 (1) CLOSED CAPTIONING REPORT.—Within 6 

12 months after the date of the first meeting of the Advi13 sory Committee, the Advisory Committee shall develop 

14 and submit to the Commission a report that includes 

15 the following: 

16 (A) An identification of the performance ob17 jectives for protocols, technical capabilities, and 

18 technical procedures needed to permit content 

19 providers, content distributors, Internet service 

20 providers, software developers, and device manu21 facturers to reliably encode, transport, receive, 

22 and render closed captions of video programming 

23 delivered using Internet protocol. 

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1 dures beyond those available as of the date of en2 actment of this Act for the delivery of closed cap3 tions of video programming delivered using 

4 Internet protocol that are necessary to meet the 

5 performance objectives identified under subpara6 graph (A). 

7 (C) A recommendation for any regulations 

8 that may be necessary to ensure compatibility 

9 between video programming delivered using 

10 Internet protocol and devices capable of receiving 

11 and displaying such programming in order to 

12 facilitate access to closed captions. 

13 (2) VIDEO DESCRIPTION, EMERGENCY INFORMA14 TION, USER INTERFACES, AND VIDEO PROGRAMMING

15 GUIDES AND MENUS.—Within 18 months after the 

16 date of enactment of this Act, the Advisory Committee 

17 shall develop and submit to the Commission a report 

18 that includes the following: 

19 (A) An identification of the performance ob20 jectives for protocols, technical capabilities, and 

21 technical procedures needed to permit content 

22 providers, content distributors, Internet service 

23 providers, software developers, and device manu24 facturers to reliably encode, transport, receive, 

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1 ming and emergency information delivered using 

2 Internet protocol or digital broadcast television. 

3 (B) An identification of additional proto4 cols, technical capabilities, and technical proce5 dures beyond those available as of the date of en6 actment of this Act for the delivery of video de7 scriptions of video programming and emergency 

8 information delivered using Internet protocol 

9 that are necessary to meet the performance objec10 tives identified under subparagraph (A). 

11 (C) A recommendation for any regulations 

12 that may be necessary to ensure compatibility 

13 between video programming delivered using 

14 Internet protocol and devices capable of receiving 

15 and displaying such programming in order to 

16 facilitate access to emergency information. 

17 (D) With respect to user interfaces, a rec18 ommendation for the standards, protocols, and 

19 procedures used to enable the functions of appa20 ratus designed to receive or display video pro21 gramming transmitted simultaneously with 

22 sound (including apparatus designed to receive 

23 or display video programming transmitted by 

24 means of services using Internet protocol) to be 


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1 accessible to and usable by individuals with dis2 abilities. 

3 (E) With respect to user interfaces, a rec4 ommendation for the standards, protocols, and 

5 procedures used to enable on-screen text menus 

6 and other visual indicators used to access the 

7 functions on an apparatus described in subpara8 graph (D) to be accompanied by audio output so 

9 that such menus or indicators are accessible to 

10 and usable by individuals with disabilities. 

11 (F) A recommendation for the standards, 

12 protocols, and procedures used to enable the selec13 tion of video programming information on an 

14 apparatus or navigation device by means of a 

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

16 individuals who are blind or have a visual im17 pairment. 

18 (3) CONSIDERATION OF STANDARDS, PROTOCOLS, 

19 AND PROCEDURES BY STANDARD-SETTING ORGANIZA20 TIONS.—The recommendations of the Advisory Com21 mittee shall, to the extent possible, incorporate the 

22 standards, protocols, and procedures that have been 

23 adopted by appropriate industry standard-setting or24 ganizations for the report requirements described in 

25 paragraphs (1) and (2). 


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1 (f) MEETINGS.— 

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

3 the Advisory Committee shall take place not later 

4 than 180 days after the date of the enactment of this 

5 Act. 

6 (2) OTHER MEETINGS.—After the initial meet7 ing, the Advisory Committee shall meet at the call of 

8 the Chairman. 

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

10 by the Advisory Committee shall be noticed at least 

11 14 days before such meeting and shall be open to the 

12 public. 

13 (g) PROCEDURAL RULES.— 

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

15 members of the Advisory Committee shall constitute a 

16 quorum for conducting the business of the Advisory 

17 Committee. 

18 (2) SUBCOMMITTEES.—To assist the Advisory 

19 Committee in carrying out its functions, the Chair20 man may establish appropriate subcommittees com21 posed of members of the Advisory Committee and 

22 other subject matter experts. 

23 (3) ADDITIONAL PROCEDURAL RULES.—The Ad24 visory Committee may adopt other procedural rules 

25 as needed. 


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1 (h) FEDERAL ADVISORY COMMITTEE ACT.—The Fed2 eral Advisory Committee Act (5 U.S.C. App.) shall not 

3 apply to the Advisory Committee. 

4 (i) ADOPTION OF STANDARDS, PROTOCOLS, PROCE5 DURES, AND OTHER TECHNICAL REQUIREMENTS.—Not 

6 later than 12 months after the date on which the Advisory 

7 Committee transmits its report under subsection (e)(2) to 

8 the Commission, the Commission shall take all actions nec9 essary to adopt relevant technical standards, protocols, pro10 cedures, and other technical requirements to ensure compat11 ibility between video programming delivered using Internet 

12 protocol or digital broadcast television and devices capable 

13 of receiving and displaying such programming in order to 

14 facilitate access to emergency information. 

15 SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING. 

16 (a) VIDEO DESCRIPTION.—Section 713 of the Commu17 nications Act of 1934 (47 U.S.C. 613) is amended— 

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

19 (2) by redesignating subsection (h) as subsection 

20 (j); and 

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

22 ‘‘(f) VIDEO DESCRIPTION.— 

23 ‘‘(1) REINSTATEMENT OF REGULATIONS.—On the 

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

25 Twenty-First Century Communications and Video 


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1 Accessibility Act of 2010, the Commission shall, after 

2 a rulemaking, reinstate its video description regula3 tions contained in the Implementation of Video De4 scription of Video Programming Report and Order 

5 (15 F.C.C.R. 15,230 (2000)), modified as provided in 

6 paragraph (2). 

7 ‘‘(2) MODIFICATIONS TO REINSTATED REGULA8 TIONS.—Such regulations shall be modified only as 

9 follows: 

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

11 programming, as defined in subsection (i), inso12 far as such programming is transmitted for dis13 play on television in digital format. 

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

15 of the top 25 Designated Market Areas, the list 

16 of the top 5 national nonbroadcast networks that 

17 have at least 50 hours per quarter of prime time 

18 programming that is not exempt under this 

19 paragraph, and the designation of the beginning 

20 calendar quarter for which compliance shall be 

21 calculated. 

22 ‘‘(C) The regulations may permit a pro23 vider of video programming or a program owner 

24 to petition the Commission for an exemption 

25 from the requirements of this section upon a 


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1 showing that the requirements contained in this 

2 section would be economically burdensome. 

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

4 regulations established pursuant to paragraph 

5 (1) a service, class of services, program, class of 

6 programs, equipment, or class of equipment for 

7 which the Commission has determined that the 

8 application of such regulations would be eco9 nomically burdensome for the provider of such 

10 service, program, or equipment. 

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

12 or near-live programming. 

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

14 appropriate phased schedule of deadlines for 

15 compliance. 

16 ‘‘(3) INQUIRIES ON FURTHER VIDEO DESCRIP17 TION REQUIREMENTS.—The Commission shall com18 mence the following inquiries not later than 1 year 

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

20 regulations and shall report to Congress 1 year there21 after on the findings for each of the following: 

22 ‘‘(A) VIDEO DESCRIPTION IN TELEVISION

23 PROGRAMMING.—The availability, use, and bene24 fits of video description on video programming 

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1 ative issues associated with providing such video 

2 description, and the financial costs of providing 

3 such video description for providers of video pro4 gramming and program owners. 

5 ‘‘(B) VIDEO DESCRIPTION IN VIDEO PRO6 GRAMMING DISTRIBUTED ON THE INTERNET.— 

7 The technical and operational issues, costs, and 

8 benefits of providing video descriptions for video 

9 programming that is delivered using Internet 

10 protocol. 

11 ‘‘(4) CONTINUING COMMISSION AUTHORITY.— 

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

13 issue additional regulations if the Commission 

14 determines, at least 2 years after completing the 

15 reports required in paragraph (3), that the need 

16 for and benefits of providing video descriptions 

17 for video programming, insofar as such pro18 gramming is transmitted for display on tele19 vision, are greater than the technical and eco20 nomic costs of providing such additional pro21 gramming. If the Commission makes such a de22 termination and issues additional regulations, 

23 the Commission may increase, in total, the hours 

24 requirement for described video programming, 

25 insofar as such programming is transmitted for 


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1 display on television, up to 75 percent of the re2 quirement in the regulations reinstated under 

3 paragraph (1). 

4 ‘‘(B) FURTHER REQUIREMENTS.— 

5 ‘‘(i) REPORT.—Nine years after the 

6 date of enactment of the Twenty-First Cen7 tury Communications and Video Accessi8 bility Act of 2010, the Commission shall 

9 submit to the Committee on Energy and 

10 Commerce of the House of Representatives 

11 and the Committee on Commerce, Science, 

12 and Transportation of the Senate a report 

13 assessing— 

14 ‘‘(I) the types of described video 

15 programming that is available to con16 sumers; 

17 ‘‘(II) consumer use of such pro18 gramming; 

19 ‘‘(III) the costs to program own20 ers, providers, and distributors of cre21 ating such programming; 

22 ‘‘(IV) the benefits to consumers of 

23 such programming; 

24 ‘‘(V) the amount of such program25 ming currently available; and 


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1 ‘‘(VI) the need for additional de2 scribed programming. 

3 ‘‘(ii) INCREASED AVAILABILITY.—Ten 

4 years after the date of enactment of the 

5 Twenty-First Century Communications and 

6 Video Accessibility Act of 2010, the Com7 mission shall have the authority, based 

8 upon the findings, conclusions, and rec9 ommendations contained in the report 

10 under clause (i), to increase the availability 

11 of such programming. 

12 ‘‘(C) APPLICATION TO DESIGNATED MARKET

13 AREAS.— 

14 ‘‘(i) IN GENERAL.—After the Commis15 sion completes the study on video descrip16 tion, the Commission shall phase in the 

17 video description regulations for all des18 ignated market areas, except that the Com19 mission may grant waivers to entities in 

20 specific designated market areas where it 

21 deems appropriate. 

22 ‘‘(ii) PHASE-IN DEADLINE.—The 

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

24 completed not later than 6 years after the 

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1 tury Communications and Video Accessi2 bility Act of 2010. 

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

4 year after the Video Programming and Emergency Access 

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

6 Twenty-First Century Communications and Video Accessi7 bility Act of 2010 is submitted to the Commission, the Com8 mission shall complete a proceeding to— 

9 ‘‘(1) identify methods to convey emergency infor10 mation (as that term is defined in section 79.2 of title 

11 47, Code of Federal Regulations) in a manner acces12 sible to individuals who are blind or have a visual 

13 impairment; and 

14 ‘‘(2) promulgate regulations that require video 

15 programming providers and video programming dis16 tributors (as those terms are defined in section 79.1 

17 of title 47, Code of Federal Regulations) and program 

18 owners to convey such emergency information in a 

19 manner accessible to individuals who are blind or 

20 have a visual impairment. 

21 ‘‘(h) RESPONSIBILITIES.— 

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

23 programming owner shall ensure that any closed cap24 tioning and video description required pursuant to 

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1 nical standards, protocols, and procedures established 

2 by the Commission. 

3 ‘‘(2) VIDEO PROGRAMMING PROVIDER OR DIS4 TRIBUTOR.—A video programming provider or video 

5 programming distributor shall be deemed in compli6 ance with this section and the rules and regulation 

7 promulgated thereunder if such provider or dis8 tributor enables the rendering or the pass through of 

9 closed captions and video description signals. 

10 ‘‘(i) DEFINITIONS.—For purposes of this section, sec11 tion 303, and section 330: 

12 ‘‘(1) VIDEO DESCRIPTION.—The term ‘video de13 scription’ means the insertion of audio narrated de14 scriptions of a television program’s key visual ele15 ments into natural pauses between the program’s dia16 logue. 

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

18 programming’ has the meaning given such term in 

19 section 602.’’. 

20 (b) CLOSED CAPTIONING ON VIDEO PROGRAMMING

21 DELIVERED USING INTERNET PROTOCOL.—Section 713 of 

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

23 inserting the following: 

24 ‘‘(c) DEADLINES FOR CAPTIONING.— 


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

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

4 captioning of video programming published or exhib5 ited on television. 

6 ‘‘(2) DEADLINES FOR PROGRAMMING DELIVERED

7 USING INTERNET PROTOCOL.— 

8 ‘‘(A) REGULATIONS ON CLOSED CAPTIONING

9 ON VIDEO PROGRAMMING DELIVERED USING

10 INTERNET PROTOCOL.—Not later than 6 months 

11 after the submission of the report to the Commis12 sion required by section 201(e)(1) of the Twenty13 First Century Communications and Video Acces14 sibility Act of 2010, the Commission shall pro15 mulgate regulations to require the provision of 

16 closed captioning on video programming deliv17 ered using Internet protocol. 

18 ‘‘(B) SCHEDULE.—The regulations pre19 scribed under this paragraph shall include an 

20 appropriate schedule of decoding for the provi21 sion of closed captioning, taking into account 

22 whether such programming is prerecorded and 

23 edited for Internet distribution, or whether such 

24 programming is live or near-live and not edited 

25 for Internet distribution. 


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

2 waive the regulation promulgated under sub3 paragraph (A) to the extent the Commission 

4 finds that the application of the regulation to 

5 live video programming delivered using Internet 

6 protocol would be economically burdensome to 

7 providers of video programming or program 

8 owners. 

9 ‘‘(D) REQUIREMENTS FOR REGULATIONS.— 

10 ‘‘(i) IN GENERAL.—The regulations 

11 prescribed under this paragraph— 

12 ‘‘(I) shall contain a definition of 

13 ‘near-live programming’ and ‘edited 

14 for Internet distribution’; 

15 ‘‘(II) may exempt any service, 

16 class of service, program, class of pro17 gram, equipment, or class of equipment 

18 for which the Commission has deter19 mined that the application of such reg20 ulations would be economically burden21 some to the provider of such service, 

22 program, or equipment; 

23 ‘‘(III) shall provide that de mini24 mis failure to comply with such regu25 lations by a provider of video proVerDate Mar 15 2010 21:22 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6203 E:\BILLS\H3101.RH H3101

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1 gramming or program owner shall not 

2 be treated as a violation of the regula3 tions; and 

4 ‘‘(IV) shall only apply to video 

5 programming that is transmitted for 

6 display on television with closed cap7 tioning after the effective date of the 

8 regulations issued pursuant to this sec9 tion. 

10 ‘‘(ii) ALTERNATE MEANS.—An entity 

11 may meet the requirements of this section 

12 through alternate means than those pre13 scribed by regulations pursuant to para14 graph (1) if the requirements of this section 

15 are met, as determined by the Commis16 sion.’’. 

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

18 such Act is amended by striking paragraph (3) and insert19 ing the following: 

20 ‘‘(3)(A) a provider of video programming or pro21 gram owner may petition the Commission for an ex22 emption from the requirements of this section; 

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1 tained in this section would be economically bur2 densome; 

3 ‘‘(C) during the pendency of such a peti4 tion, such provider or owner shall be exempt 

5 from the requirements of this section; and 

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

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

8 within 6 months after the Commission receives 

9 such petition, unless the Commission finds that 

10 an extension of the 6-month period is necessary 

11 to determine whether such requirements are eco12 nomically burdensome.’’. 

13 (d) REPORTING REQUIREMENT.—Two years after the 

14 effective date of the regulations issued pursuant to this sec15 tion, and biennially thereafter, each broadcast television 

16 network and each cable television network shall submit to 

17 the Commission a report containing the number of hours, 

18 in the applicable 2-year period, of video programming not 

19 published or exhibited on television after the date of enact20 ment of this Act that was provided on the Internet with 

21 closed captioning. 

22 (e) REPORT TO CONGRESS.— 

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

24 enactment of this Act, the Commission shall submit a 

25 report to the Committee on Energy and Commerce of 


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1 the House of Representatives and the Committee on 

2 Commerce, Science, and Transportation of the Sen3 ate— 

4 (A) assessing the technical, economic, and 

5 operational issues regarding the captioning of 

6 video programming that is distributed only over 

7 the Internet, including the types and amounts of 

8 such video programming that is or could be cap9 tioned, the types of entities producing such pro10 gramming, and the effects a closed captioning re11 quirement may have on the producers of such 

12 programming; 

13 (B) assessing the benefits to and use by con14 sumers of closed captioning of video program15 ming that is distributed only over the Internet 

16 for consumers; and 

17 (C) making recommendations, if any, of 

18 whether Congress should adopt or the Commis19 sion should implement a closed captioning re20 quirement for such programming. 

21 (2) UPDATES.—The Commission shall periodi22 cally update the report to the Committees as it deter23 mines appropriate. 


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1 SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DE2 SCRIPTION CAPABILITY. 

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

4 Communications Act of 1934 (47 U.S.C. 303(u)) is amend5 ed to read as follows: 

6 ‘‘(u) Require that— 

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

8 video programming transmitted simultaneously with 

9 sound, if such apparatus is manufactured in the 

10 United States or imported for use in the United 

11 States and uses a picture screen of any size— 

12 ‘‘(A) be equipped with built-in closed cap13 tion decoder circuitry or capability designed to 

14 display closed-captioned video programming; 

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

16 make available the transmission and delivery of 

17 video description services as required by regula18 tions reinstated and modified pursuant to sec19 tion 713(f); and 

20 ‘‘(C) have the capability to decode and make 

21 available emergency information (as that term is 

22 defined in section 79.2 of title 47, Code of Fed23 eral Regulations) in a manner that is accessible 

24 to individuals who are blind or have a visual 

25 impairment; and 


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1 ‘‘(2) notwithstanding paragraph (1) of this sub2 section— 

3 ‘‘(A) apparatus described in such para4 graph that use a picture screen that is less than 

5 13 inches in size meet the requirements of sub6 paragraphs (A), (B), and (C) of such paragraph 

7 only if the requirements of such subparagraphs 

8 are achievable (as defined in section 716); 

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

10 that are display-only video monitors with no 

11 playback capability are exempt from the require12 ments of such paragraph; and 

13 ‘‘(C) the Commission shall have the author14 ity to waive the requirements of this subsection 

15 for any apparatus or class of apparatus.’’. 

16 (b) OTHER DEVICES.—Section 303 of the Communica17 tions Act of 1934 (47 U.S.C. 303) is further amended by 

18 adding at the end the following new subsection: 

19 ‘‘(z) Require that— 

20 ‘‘(1) if achievable (as defined in section 716), ap21 paratus designed to record video programming trans22 mitted simultaneously with sound, if such apparatus 

23 is manufactured in the United States or imported for 

24 use in the United States, enable the rendering or the 

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1 nals, and emergency information (as that term is de2 fined in section 79.2 of title 47, Code of Federal Regu3 lations) so that viewers are able to activate and de4 activate the closed captions and video description as 

5 the video programming is played back on a picture 

6 screen of any size; and 

7 ‘‘(2) interconnection mechanisms and standards 

8 for digital video source devices are available to carry 

9 from the source device to the consumer equipment the 

10 information necessary to permit the display of closed 

11 captions and to make encoded video description and 

12 emergency information audible.’’. 

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

14 Communications Act of 1934 (47 U.S.C. 330(b)) is amend15 ed— 

16 (1) by striking ‘‘section 303(u)’’ in the first sen17 tence and inserting ‘‘subsections (u) and (z) of section 

18 303’’; 

19 (2) by striking the second sentence and inserting 

20 the following: ‘‘Such rules shall provide performance 

21 and display standards for such built-in decoder cir22 cuitry or capability designed to display closed cap23 tioned video programming, the transmission and de24 livery of video description services, and the conveyVerDate Mar 15 2010 21:22 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6203 E:\BILLS\H3101.RH H3101

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1 ance of emergency information as required by section 

2 303 of this Act.’’; and 

3 (3) in the fourth sentence, by striking ‘‘closed4 captioning service continues’’ and inserting ‘‘closed5 captioning service and video description service con6 tinue’’. 

7 (d) IMPLEMENTING REGULATIONS.— 

8 (1) IN GENERAL.—The Federal Communications 

9 Commission shall prescribe such regulations as are 

10 necessary to implement the requirements of sections 

11 303(u), 303(z), and 330(b) of the Communications 

12 Act of 1934, as amended by this section, including 

13 any technical standards, protocols, and procedures 

14 needed for the transmission of— 

15 (A) closed captioning within 6 months after 

16 the submission to the Commission of the Advi17 sory Committee report required by section sec18 tion 201(e)(1); and 

19 (B) video description and emergency infor20 mation within 12 months after the submission to 

21 the Commission of the Advisory Committee re22 port required by section section 201(e)(2). 

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

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

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1 ternate means than those prescribed by regulations 

2 pursuant to paragraph (1) if the requirements of such 

3 sections are met, as determined by the Commission. 

4 SEC. 204. USER INTERFACES ON DIGITAL APPARATUS. 

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

6 Act of 1934 (47 U.S.C. 303) is further amended by adding 

7 after subsection (z), as added by section 203 of this Act, 

8 the following new subsection: 

9 ‘‘(aa) Require— 

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

11 that digital apparatus designed to receive or play 

12 back video programming, that are shipped in inter13 state commerce or manufactured in the United States, 

14 transmitted in digital format simultaneously with 

15 sound, including apparatus designed to receive or dis16 play video programming transmitted in digital for17 mat using Internet protocol, be designed, developed, 

18 and fabricated so that control of all built-in appa19 ratus functions are accessible to and usable by indi20 viduals with disabilities; 

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

22 indicators built in to the digital apparatus are used 

23 to access the functions of the apparatus described in 

24 paragraph (1), such functions shall be accompanied 

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1 eral to the apparatus, so that such menus or indica2 tors are accessible to and usable by individuals who 

3 are blind or have a visual impairment in real-time; 

4 ‘‘(3) that built-in user controls on such appa5 ratus shall be capable of accessing closed captioning, 

6 including— 

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

8 the apparatus— 

9 ‘‘(i) a button, key, or icon on the re10 mote control of such apparatus designated 

11 for activating closed captioning; or 

12 ‘‘(ii) any other mechanism that pro13 vides a substantially equivalent level of ac14 cessibility; and 

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

16 such apparatus— 

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

18 and ‘video description’ on the first menu 

19 that appears; or 

20 ‘‘(ii) any other mechanism that pro21 vides a substantially equivalent level of ac22 cessibility; and 

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

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


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

2 Code of Federal Regulations.’’. 

3 (b) IMPLEMENTING REGULATIONS.— 

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

5 submission to the Commission of the Advisory Com6 mittee report required by section 201(e)(2), the Com7 mission shall prescribe such regulations as are nec8 essary to implement the amendments made by sub9 section (a). 

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

11 the requirements of sections 303(aa) of the Commu12 nications Act of 1934 through alternate means than 

13 those prescribed by regulations pursuant to para14 graph (1) if the requirements of such section are met, 

15 as determined by the Commission. 

16 (c) DEFERRAL OF COMPLIANCE WITH ATSC MOBILE

17 DTV STANDARD A/153.—A digital apparatus designed and 

18 manufactured to receive or play back the Advanced Tele19 vision Systems Committee’s Mobile DTV Standards A/153 

20 shall not be required to meet the requirements of the regula21 tions prescribed under subsection (b) for a period of not 

22 less than 24 months after the date on which the final regula23 tions are published in the Federal Register. 


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1 SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND 

2 MENUS PROVIDED ON NAVIGATION DEVICES. 

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

4 Act of 1934 (47 U.S.C. 303) is further amended by adding 

5 after subsection (aa), as added by section 204 of this Act, 

6 the following new subsection: 

7 ‘‘(bb) Require— 

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

9 that the on-screen text menus and guides provided by 

10 navigation devices (as such term is defined in section 

11 76.1200 of title 47, Code of Federal Regulations) for 

12 the display or selection of multichannel video pro13 gramming are audibly accessible in real-time upon 

14 request by individuals who are blind or have a visual 

15 impairment, except that the Commission may not 

16 specify the technical standards, protocols, procedures, 

17 and other technical requirements for meeting this re18 quirement; and 

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

20 captioning capability, access to such capability 

21 through a button, key, or icon designated for acti22 vating the closed captioning, or through any other 

23 mechanism that provides a substantially equivalent 

24 level of accessibility.’’ 

25 (b) IMPLEMENTING REGULATIONS.— 


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

2 submission to the Commission of the Advisory Com3 mittee report required by section 201(e)(2), the Com4 mission shall prescribe such regulations as are nec5 essary to implement the amendment made by sub6 section (a). 

7 (2) EXEMPTION.—Such regulations may provide 

8 an exemption from the regulations for cable systems 

9 serving 50,000 or fewer subscribers. 

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

11 responsible for compliance with the requirements 

12 added by this section with respect to navigation de13 vices that such entity provides to a requesting indi14 vidual who is blind or has a visual impairment and 

15 shall make reasonable efforts to make such require16 ments known to consumers. 

17 (4) SEPARATE EQUIPMENT OR SOFTWARE.— 

18 (A) IN GENERAL.—Such regulations shall 

19 permit but not require the entity providing the 

20 navigation device to the requesting individual 

21 who is blind or has a visual impairment to com22 ply with section 303(bb)(1) of the Communica23 tions Act of 1934 (as added by subsection (a) of 

24 this section) through such entity’s use of soft25 ware, a peripheral device, specialized consumer 


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1 premises equipment, a network-based service, or 

2 other solution, and shall provide such entity with 

3 the flexibility to select the manner of compliance. 

4 (B) REQUIREMENTS.—If an entity complies 

5 with section 303(bb)(1) of the Communications 

6 Act of 1934 (as added by subsection (a) of this 

7 section) under subparagraph (A) of this para8 graph, such entity shall provide any such soft9 ware, peripheral device, equipment, service, or 

10 solution at no additional charge and within a 

11 reasonable time to such individual. 

12 (5) USER CONTROLS FOR CLOSED CAPTIONING.— 

13 Such regulations shall permit the entity providing the 

14 navigation device maximum flexibility in the selec15 tion of means for compliance with section 303(bb)(2) 

16 of the Communications Act of 1934 (as added by sub17 section (a) of this section). 

18 (6) PHASE-IN.— 

19 (A) IN GENERAL.—The Commission shall 

20 provide affected entities with— 

21 (i) not less than 2 years after the adop22 tion of such regulations to begin placing in 

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1 nications Act of 1934 (as added by sub2 section (a) of this section); and 

3 (ii) not less than 3 years after the 

4 adoption of such regulations to begin plac5 ing in service devices that comply with the 

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

7 Communications Act of 1934 (as added by 

8 subsection (a) of this section). 

9 (B) APPLICATION.—Such regulations shall 

10 apply only to devices manufactured or imported 

11 on or after the respective effective dates estab12 lished in subparagraph (A). 

13 SEC. 206. DEFINITIONS. 

14 In this title: 

15 (1) ADVISORY COMMITTEE.—The term ‘‘Advisory 

16 Committee’’ means the advisory committee established 

17 in section 201. 

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

19 the Chairman of the Federal Communications Com20 mission. 

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

22 means the Federal Communications Commission. 

23 (4) EMERGENCY INFORMATION.—The term 

24 ‘‘emergency information’’ has the meaning given such 


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1 term in section 79.2 of title 47, Code of Federal Regu2 lations. 

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

4 protocol’’ includes Transmission Control Protocol and 

5 a successor protocol or technology to Internet protocol. 

6 (6) NAVIGATION DEVICE.—The term ‘‘navigation 

7 device’’ has the meaning given such term in section 

8 76.1200 of title 47, Code of Federal Regulations. 

9 (7) VIDEO DESCRIPTION.—The term ‘‘video de10 scription’’ has the meaning given such term in section 

11 713 of the Communications Act of 1934 (47 U.S.C. 

12 613). 

13 (8) VIDEO PROGRAMMING.—The term ‘‘video pro14 gramming’’ has the meaning given such term in sec15 tion 713 of the Communications Act of 1934 (47 

16 U.S.C. 613). 


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Union Calendar No. 323 

111TH CONGRESS 

2D SESSION H. R. 3101 

[Report No. 111–563] 

A BILL 

To ensure that individuals with disabilities have acthe 21st century. nication and video programming technologies in cess to emerging Internet Protocol-based commuJULY 26, 2010 Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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