185
Commission determines are necessary pursuant to sub-
section (b)(10).
(d) PRESERVATION
OF EXISTING AUTHORITY.—
Nothing in this section shall be construed as limiting, su-
perseding, or otherwise modifying the existing authority
and responsibilities of the Commission or National Insti-
tute of Standards and Technology.
SEC. 406. VIDEO PROGRAMMING ACCESSIBILITY.
(a) INQUIRY REQUIRED.—Within 180 days after the
date of enactment of this section, the Federal Communica-
tions Commission shall complete an inquiry to ascertain
the level at which video programming is closed captioned.
Such inquiry shall examine the extent to which existing
or previously published programming is closed captioned,
the size of the video programming provider or program-
ming owner providing closed captioning, the size of the
market served, the relative audience shares achieved, or
any other related factors. The Commission shall submit
to the Congress a report on the results of such inquiry.
(b) CONTENTS
OF
REGULATIONS.—Within 18
months after the date of enactment, the Commission shall
prescribe such regulations as are necessary to implement
this section. Such regulations shall ensure that—
(1) video programming first published or exhib-
ited after the effective date of such regulations is
186
fully accessible through the provision of closed cap-
tions, except as provided in subsection (d); and
(2) video programming providers or owners
maximize the accessibility of video programming
first published or exhibited prior to the effective date
of such regulations through the provision of closed
captions, except as provided in subsection (d).
(c) CONTENTS OF REGULATIONS.—Such regulations
shall include an appropriate schedule of deadlines for the
provision of closed captioning of video programming.
(d) 
EXEMPTIONS.—Notwithstanding 
subsection
(b)—
(1) the Commission may exempt by regulation
programs, classes of programs, or services for which
the Commission has determined that the provision of
closed captioning would be economically burdensome
to the provider or owner of such programming;
(2) a provider of video programming or the
owner of any program carried by the provider shall
not be obligated to supply closed captions if such ac-
tion would be inconsistent with contracts in effect on
the date of enactment of this Act, except that noth-
ing in this section shall be construed to relieve a
video programming provider of its obligations to pro-
vide services required by Federal law; and
187
(3) a provider of video programming or pro-
gram owner may petition the Commission for an ex-
emption from the requirements of this section, and
the Commission may grant such petition upon a
showing that the requirements contained in this sec-
tion would result in an undue burden.
(e) UNDUE BURDEN.—The term ‘undue burden’
means significant difficulty or expense. In determining
whether the closed captions necessary to comply with the
requirements of this paragraph would result in an undue
economic burden, the factors to be considered include—
(1) the nature and cost of the closed captions
for the programming;
(2) the impact on the operation of the provider
or program owner;
(3) the financial resources of the provider or
program owner; and
(4) the type of operations of the provider or
program owner.
(f) ADDITIONAL PROCEEDING ON VIDEO DESCRIP-
TIONS REQUIRED.—Within 6 months after the date of en-
actment of this Act, the Commission shall commence an
inquiry to examine the use of video descriptions on video
programming in order to ensure the accessibility of video
programming to persons with visual impairments, and re-
188
port to Congress on its findings. The Commission’s report
shall assess appropriate methods and schedules for phas-
ing video descriptions into the marketplace, technical and
quality standards for video descriptions, a definition of
programming for which video descriptions would apply,
and other technical and legal issues that the Commission
deems appropriate. Following the completion of such in-
quiry, the Commission may adopt regulations it deems
necessary to promote the accessibility of video program-
ming to persons with visual impairments.
(g) MODEL PROGRAM.—The National Telecommuni-
cations and Information Administration shall establish
and oversee, and (to the extent of available funds) provide
financial support for, marketplace tests of video descrip-
tions on commercial and noncommercial video program-
ming services.
(h) VIDEO DESCRIPTION.—For purposes of this sec-
tion, ‘‘video description’’ means the insertion of audio nar-
rated descriptions of a television program’s key visual ele-
ments into natural pauses between the program’s dia-
logue.
SEC. 407. PUBLIC ACCESS.
Within one year after the date of enactment of this
Act, the Federal Communications Commission shall pre-
scribe regulations to reserve appropriate capacity for the
189
public at preferential rates on cable systems and video
platforms.
SEC. 408. AUTOMATED SHIP DISTRESS AND SAFETY SYS-
TEMS.
Notwithstanding any provision of the Communica-
tions Act of 1934, a ship documented under the laws of
the United States operating in accordance with the Global
Maritime Distress and Safety System provisions of the
Safety of Life at Sea Convention shall not be required to
be equipped with a radio station operated by one or more
radio officers or operators.
SEC. 409. EXCLUSIVE FEDERAL JURISDICTION OVER DI-
RECT BROADCAST SATELLITE SERVICE.
Section 303 of the Communications Act of 1934 (47
U.S.C. 303) is amended by adding at the end thereof the
following new subsection:
‘‘(v) Have exclusive jurisdiction over the regulation
of the direct broadcast satellite service.’’.
SEC. 410. TECHNICAL AMENDMENTS.
(a) RETRANSMISSION.—Section 325(b)(2)(D) of the
Communications Act of 1934 (47 U.S.C. 325(b)(2)(D))
is amended to read as follows:
‘‘(D) retransmission by a cable operator or
other multichannel video programming distributor of
the signal of a superstation if (i) the customers
190
served by the cable operator or other multichannel
video programming distributor reside outside the
originating station’s television market, as defined by
the 
Commission 
for 
purposes 
of 
section
614(h)(1)(C); (ii) such signal was obtained from a
satellite carrier or terrestrial microwave common
carrier; and (iii) and the origination station was a
superstation on May 1, 1991.
(b) 
MARKET
DETERMINATIONS.—Section
614(h)(1)(C)(i) of the Communications Act of 1934 (47
U.S.C. 534(h)(1)(C)(i)) is amended by striking out ‘‘in the
manner provided in section 73.3555(d)(3)(i) of title 47,
Code of Federal Regulations, as in effect on May 1,
1991,’’ and inserting ‘‘by the Commission by regulation
or order using, where available, commercial publications
which delineate television markets based on viewing pat-
terns,’’.
SEC. 411. AVAILABILITY OF SCREENING DEVICES TO PRE-
CLUDE DISPLAY OF ENCRYPTED PROGRAM-
MING.
(a) CUSTOMER NOTICE.—Section 624(d)(2)(A) of
the 
Communications 
Act 
of 
1934 
(47 
U.S.C.
544(d)(2)(A)) is amended by adding at the end the follow-
ing new sentence: ‘‘Upon beginning service to any new
subscriber and not less frequently than once each calendar