(B) assessing the benefits to and use by 
consumers of closed captioning of video pro-
gramming that is distributed only over the 
Internet for consumers; and 
(C) making recommendations, if any, of 
whether Congress should adopt or the Commis-
sion should implement a closed captioning re-
quirement for such programming. 
(2) UPDATES.—The Commission shall periodi-
cally update the report to the Committees as it de-
termines appropriate. 
SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DE-
SCRIPTION CAPABILITY. 
(a) AUTHORITY TO REGULATE.—Section 303(u) of 
the Communications Act of 1934 (47 U.S.C. 303(u)) is 
amended to read as follows: 
‘‘(u) Require that— 
‘‘(1) apparatus designed to receive or play back 
video programming transmitted simultaneously with 
sound, if such apparatus is manufactured in the 
United States or imported for use in the United 
States and uses a picture screen of any size— 
‘‘(A) be equipped with built-in closed cap-
tion decoder circuitry or capability designed to 
display closed-captioned video programming;
‘‘(B) have the capability to decode and 
make available the transmission and delivery of 
video description services as required by regula-
tions reinstated and modified pursuant to sec-
tion 713(f); and 
‘‘(C) have the capability to decode and 
make available emergency information (as that 
term is defined in section 79.2 of title 47, Code 
of Federal Regulations) in a manner that is ac-
cessible to individuals who are blind or have a 
visual impairment; and 
‘‘(2) notwithstanding paragraph (1) of this sub-
section— 
‘‘(A) apparatus described in such para-
graph that use a picture screen that is less than 
13 inches in size meet the requirements of sub-
paragraphs (A), (B), and (C) of such paragraph 
only if the requirements of such subparagraphs 
are achievable (as defined in section 716); 
‘‘(B) any apparatus or class of apparatus 
that are display-only video monitors with no 
playback capability are exempt from the re-
quirements of such paragraph; and 
‘‘(C) the Commission shall have the au-
thority to waive the requirements of this sub-
section for any apparatus or class of appa-
ratus.’’. 
(b) OTHER DEVICES.—Section 303 of the Commu-
nications Act of 1934 (47 U.S.C. 303) is further amended 
by adding at the end the following new subsection: 
‘‘(z) Require that— 
‘‘(1) if achievable (as defined in section 716), 
apparatus designed to record video programming 
transmitted simultaneously with sound, if such appa-
ratus is manufactured in the United States or im-
ported for use in the United States, enable the ren-
dering or the pass through of closed captions, video 
description signals, and emergency information (as 
that term is defined in section 79.2 of title 47, Code 
of Federal Regulations) so that viewers are able to 
activate and de-activate the closed captions and 
video description as the video programming is played 
back on a picture screen of any size; and 
‘‘(2) interconnection mechanisms and standards 
for digital video source devices are available to carry 
from the source device to the consumer equipment 
the information necessary to permit the display of 
closed captions and to make encoded video descrip-
tion and emergency information audible.’’.
(c) SHIPMENT IN COMMERCE.—Section 330(b) of the 
Communications Act of 1934 (47 U.S.C. 330(b)) is 
amended— 
(1) by striking ‘‘section 303(u)’’ in the first 
sentence and inserting ‘‘subsections (u) and (z) of 
section 303’’; 
(2) by striking the second sentence and insert-
ing the following: ‘‘Such rules shall provide perform-
ance and display standards for such built-in decoder 
circuitry or capability designed to display closed cap-
tioned video programming, the transmission and de-
livery of video description services, and the convey-
ance of emergency information as required by sec-
tion 303 of this Act.’’; and 
(3) in the fourth sentence, by striking ‘‘closed- 
captioning service continues’’ and inserting ‘‘closed- 
captioning service and video description service con-
tinue’’. 
(d) IMPLEMENTING REGULATIONS.— 
(1) IN
GENERAL.—The Federal Communica-
tions Commission shall, after consideration of the 
Advisory Committee reports required by section 
201(e), prescribe such regulations as are necessary 
to implement the requirements of sections 303(u), 
303(z), and 330(b) of the Communications Act of
1934, as amended by this section, needed for the 
transmission of— 
(A) closed captioning within 6 months 
after the submission to the Commission of the 
Advisory Committee report required by section 
section 201(e)(1); and 
(B) video description and emergency infor-
mation within 12 months after the submission 
to the Commission of the Advisory Committee 
report required by section section 201(e)(2). 
(2) ALTERNATE MEANS.—An entity may meet 
the requirements of sections 303(u), 303(z), and 
330(b) of the Communications Act of 1934 through 
alternate means than those prescribed by regulations 
pursuant to paragraph (1) if the requirements of 
such sections are met, as determined by the Com-
mission. 
SEC. 204. USER INTERFACES ON DIGITAL APPARATUS. 
(a) AMENDMENT.—Section 303 of the Communica-
tions Act of 1934 (47 U.S.C. 303) is further amended by 
adding after subsection (z), as added by section 203 of 
this Act, the following new subsection: 
‘‘(aa) Require— 
‘‘(1) if achievable (as defined in section 716), 
that digital apparatus designed to receive or play
back video programming, that are shipped in inter-
state commerce or manufactured in the United 
States, transmitted in digital format simultaneously 
with sound, including apparatus designed to receive 
or display video programming transmitted in digital 
format using Internet protocol, be designed, devel-
oped, and fabricated so that control of all built-in 
apparatus functions are accessible to and usable by 
individuals with disabilities; 
‘‘(2) that if on-screen text menus or other vis-
ual indicators built in to the digital apparatus are 
used to access the functions of the apparatus de-
scribed in paragraph (1), such functions shall be ac-
companied by audio output that is either integrated 
or peripheral to the apparatus, so that such menus 
or indicators are accessible to and usable by individ-
uals who are blind or have a visual impairment in 
real-time; 
‘‘(3) that built-in user controls on such appa-
ratus shall be capable of accessing closed captioning, 
including— 
‘‘(A) if a remote control is provided with 
the apparatus—
‘‘(i) a button, key, or icon on the re-
mote control of such apparatus designated 
for activating closed captioning; or 
‘‘(ii) any other mechanism that pro-
vides a substantially equivalent level of ac-
cessibility; and 
‘‘(B) if on-screen menus are displayed on 
such apparatus— 
‘‘(i) the inclusion of ‘closed captions’ 
and ‘video description’ on the first menu 
that appears; or 
‘‘(ii) any other mechanism that pro-
vides a substantially equivalent level of ac-
cessibility; and 
‘‘(4) that in applying this subsection the term 
‘apparatus’ does not include a navigation device, as 
such term is defined in section 76.1200 of title 47, 
Code of Federal Regulations.’’. 
(b) IMPLEMENTING REGULATIONS.— 
(1) IN GENERAL.—Within 12 months after the 
submission to the Commission of the Advisory Com-
mittee report required by section 201(e)(2), the 
Commission shall prescribe such regulations as are 
necessary to implement the amendments made by 
subsection (a).
(2) ALTERNATE MEANS.—An entity may meet 
the requirements of sections 303(aa) of the Commu-
nications Act of 1934 through alternate means than 
those prescribed by regulations pursuant to para-
graph (1) if the requirements of such section are 
met, as determined by the Commission. 
(c) DEFERRAL OF COMPLIANCE WITH ATSC MO-
BILE DTV STANDARD A/153.—A digital apparatus de-
signed and manufactured to receive or play back the Ad-
vanced Television Systems Committee’s Mobile DTV 
Standards A/153 shall not be required to meet the require-
ments of the regulations prescribed under subsection (b) 
for a period of not less than 24 months after the date 
on which the final regulations are published in the Federal 
Register. 
SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND 
MENUS PROVIDED ON NAVIGATION DEVICES. 
(a) AMENDMENT.—Section 303 of the Communica-
tions Act of 1934 (47 U.S.C. 303) is further amended by 
adding after subsection (aa), as added by section 204 of 
this Act, the following new subsection: 
‘‘(bb) Require— 
‘‘(1) if achievable (as defined in section 716), 
that the on-screen text menus and guides provided 
by navigation devices (as such term is defined in sec-
tion 76.1200 of title 47, Code of Federal Regula-
tions) for the display or selection of multichannel 
video programming are audibly accessible in real- 
time upon request by individuals who are blind or 
have a visual impairment, except that the Commis-
sion may not specify the technical standards, proto-
cols, procedures, and other technical requirements 
for meeting this requirement; and 
‘‘(2) for navigation devices with built-in closed 
captioning capability, access to such capability 
through a button, key, or icon designated for acti-
vating the closed captioning, or through any other 
mechanism that provides a substantially equivalent 
level of accessibility.’’. 
(b) IMPLEMENTING REGULATIONS.— 
(1) IN GENERAL.—Within 12 months after the 
submission to the Commission of the Advisory Com-
mittee report required by section 201(e)(2), the 
Commission shall prescribe such regulations as are 
necessary to implement the amendment made by 
subsection (a). 
(2) EXEMPTION.—Such regulations may pro-
vide an exemption from the regulations for cable sys-
tems serving 50,000 or fewer subscribers.
(3) RESPONSIBILITY.—An entity shall only be 
responsible for compliance with the requirements 
added by this section with respect to navigation de-
vices that such entity provides to a requesting indi-
vidual who is blind or has a visual impairment and 
shall make reasonable efforts to make such require-
ments known to consumers. 
(4) SEPARATE EQUIPMENT OR SOFTWARE.— 
(A) IN GENERAL.—Such regulations shall 
permit but not require the entity providing the 
navigation device to the requesting individual 
who is blind or has a visual impairment to com-
ply with section 303(bb)(1) of the Communica-
tions Act of 1934 (as added by subsection (a) 
of this section) through such entity’s use of 
software, a peripheral device, specialized con-
sumer premises equipment, a network-based 
service, or other solution, and shall provide such 
entity with the flexibility to select the manner 
of compliance. 
(B) REQUIREMENTS.—If an entity com-
plies with section 303(bb)(1) of the Commu-
nications Act of 1934 (as added by subsection 
(a) of this section) under subparagraph (A) of 
this paragraph, such entity shall provide any
such software, peripheral device, equipment, 
service, or solution at no additional charge and 
within a reasonable time to such individual. 
(5) 
USER
CONTROLS
FOR
CLOSED
CAP-
TIONING.—Such regulations shall permit the entity 
providing the navigation device maximum flexibility 
in the selection of means for compliance with section 
303(bb)(2) of the Communications Act of 1934 (as 
added by subsection (a) of this section). 
(6) PHASE-IN.— 
(A) IN GENERAL.—The Commission shall 
provide affected entities with— 
(i) not less than 2 years after the 
adoption of such regulations to begin plac-
ing in service devices that comply with the 
requirements of section 303(bb)(2) of the 
Communications Act of 1934 (as added by 
subsection (a) of this section); and 
(ii) not less than 3 years after the 
adoption of such regulations to begin plac-
ing in service devices that comply with the 
requirements of section 303(bb)(1) of the 
Communications Act of 1934 (as added by 
subsection (a) of this section).
(B) APPLICATION.—Such regulations shall 
apply only to devices manufactured or imported 
on or after the respective effective dates estab-
lished in subparagraph (A). 
SEC. 206. DEFINITIONS. 
In this title: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the advisory committee es-
tablished in section 201. 
(2) CHAIRMAN.—The term ‘‘Chairman’’ means 
the Chairman of the Federal Communications Com-
mission. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(4) EMERGENCY
INFORMATION.—The term 
‘‘emergency information’’ has the meaning given 
such term in section 79.2 of title 47, Code of Fed-
eral Regulations. 
(5) INTERNET PROTOCOL.—The term ‘‘Internet 
protocol’’ includes Transmission Control Protocol 
and a successor protocol or technology to Internet 
protocol. 
(6) NAVIGATION DEVICE.—The term ‘‘naviga-
tion device’’ has the meaning given such term in sec-
tion 76.1200 of title 47, Code of Federal Regula-
tions. 
(7) VIDEO DESCRIPTION.—The term ‘‘video de-
scription’’ has the meaning given such term in sec-
tion 713 of the Communications Act of 1934 (47 
U.S.C. 613). 
(8) VIDEO
PROGRAMMING.—The term ‘‘video 
programming’’ has the meaning given such term in 
section 713 of the Communications Act of 1934 (47 
U.S.C. 613). 
TITLE III—PAYGO COMPLIANCE 
SEC. 301. PAYGO COMPLIANCE. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives July 26, 2010. 
Attest: 
Clerk.