II 
Calendar No. 513 
111TH CONGRESS 
2D SESSION 
H. R. 3101 
IN THE SENATE OF THE UNITED STATES 
JULY 27, 2010 
Received 
AUGUST 5, 2010 
Read twice and placed on the calendar 
AN ACT 
To ensure that individuals with disabilities have access to 
emerging Internet Protocol-based communication and 
video programming technologies in the 21st century. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Twenty-First Century Communications and Video Acces-
sibility Act of 2010’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Limitation on liability. 
Sec. 3. Proprietary technology. 
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TITLE I—COMMUNICATIONS ACCESS 
Sec. 101. Definitions. 
Sec. 102. Hearing aid compatibility. 
Sec. 103. Relay services. 
Sec. 104. Access to internet-based services and equipment. 
Sec. 105. Emergency Access Advisory Committee. 
Sec. 106. Relay services for deaf-blind individuals. 
TITLE II—VIDEO PROGRAMMING 
Sec. 201. Video Programming and Emergency Access Advisory Committee. 
Sec. 202. Video description and closed captioning. 
Sec. 203. Closed captioning decoder and video description capability. 
Sec. 204. User interfaces on digital apparatus. 
Sec. 205. Access to video programming guides and menus provided on naviga-
tion devices. 
Sec. 206. Definitions. 
TITLE III—PAYGO COMPLIANCE 
Sec. 301. PAYGO Compliance. 
SEC. 2. LIMITATION ON LIABILITY. 
(a) IN GENERAL.—Except as provided in subsection 
(b), no person shall be liable for a violation of the require-
ments of this Act (or of the provisions of the Communica-
tions Act of 1934 that are amended or added by this Act) 
with respect to video programming, online content, appli-
cations, services, advanced communications services, or 
equipment used to provide or access advanced communica-
tions services to the extent such person— 
(1) transmits, routes, or stores in intermediate 
or transient storage the communications made avail-
able through the provision of advanced communica-
tions services by a third party; or 
(2) provides an information location tool, such 
as a directory, index, reference, pointer, menu, 
guide, user interface, or hypertext link, through 
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which an end user obtains access to such video pro-
gramming, online content, applications, services, ad-
vanced communications services, or equipment used 
to provide or access advanced communications serv-
ices. 
(b) EXCEPTION.—The limitation on liability under 
subsection (a) shall not apply to any person to the extent 
such person relies on third party applications, services, 
software, hardware, or equipment to comply with the re-
quirements of this Act (or of the provisions of the Commu-
nications Act of 1934 that are amended or added by this 
Act). 
SEC. 3. PROPRIETARY TECHNOLOGY. 
No action taken by the Commission to implement the 
requirements of this Act or the amendments made by this 
Act shall mandate the use or incorporation of proprietary 
technology. 
TITLE I—COMMUNICATIONS 
ACCESS 
SEC. 101. DEFINITIONS. 
Section 3 of the Communications Act of 1934 (47 
U.S.C. 153) is amended— 
(1) by adding at the end the following new 
paragraphs: 
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‘‘(53) 
ADVANCED
COMMUNICATIONS
SERV-
ICES.—The term ‘advanced communications services’ 
means— 
‘‘(A) interconnected VoIP service; 
‘‘(B) non-interconnected VoIP service; 
‘‘(C) electronic messaging service; and 
‘‘(D) video conferencing service. 
‘‘(54) DISABILITY.—The term ‘disability’ has 
the meaning given such term under section 3 of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12102). 
‘‘(55) ELECTRONIC MESSAGING SERVICE.—The 
term ‘electronic messaging service’ means a service 
that provides non-voice messages in text form be-
tween individuals over communications networks. 
‘‘(56) INTERCONNECTED
VOIP
SERVICE.—The 
term ‘interconnected VoIP service’ has the meaning 
given such term under section 9.3 of title 47, Code 
of Federal Regulations, as such section may be 
amended from time to time. 
‘‘(57) NON-INTERCONNECTED VOIP SERVICE.— 
The term ‘non-interconnected VoIP service’— 
‘‘(A) means a service that— 
‘‘(i) enables real-time voice commu-
nications that originate from or terminate 
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to the user’s location using Internet pro-
tocol or any successor protocol; and 
‘‘(ii) requires Internet protocol com-
patible customer premises equipment; and 
‘‘(B) does not include any service that is 
an interconnected VoIP service. 
‘‘(58) VIDEO
CONFERENCING
SERVICE.—The 
term ‘video conferencing service’ means a service 
that provides real-time video communications, in-
cluding audio, to enable users to share information 
of the user’s choosing.’’; and 
(2) by reordering paragraphs (1) through (52) 
and the paragraphs added by paragraph (1) of this 
section in alphabetical order based on the headings 
of such paragraphs and renumbering such para-
graphs as so reordered. 
SEC. 102. HEARING AID COMPATIBILITY. 
(a) COMPATIBILITY REQUIREMENTS.— 
(1) TELEPHONE
SERVICE
FOR
THE
DIS-
ABLED.—Section 710(b)(1) of the Communications 
Act of 1934 (47 U.S.C. 610(b)(1)) is amended to 
read as follows: 
‘‘(b)(1) Except as provided in paragraphs (2) and (3) 
and subsection (c), the Commission shall require that cus-
tomer premises equipment described in this paragraph 
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provide internal means for effective use with hearing aids 
that are designed to be compatible with telephones which 
meet established technical standards for hearing aid com-
patibility. Customer premises equipment described in this 
paragraph are the following: 
‘‘(A) All essential telephones. 
‘‘(B) All telephones manufactured in the United 
States (other than for export) more than one year 
after the date of enactment of the Hearing Aid 
Compatibility Act of 1988 or imported for use in the 
United States more than one year after such date. 
‘‘(C) All customer premises equipment used 
with advanced communications services that is de-
signed to provide 2-way voice communications via a 
built-in speaker intended to be held to the ear in a 
manner functionally equivalent to a telephone, sub-
ject to the regulations prescribed by the Commission 
under subsection (e).’’. 
(2) 
ADDITIONAL
AMENDMENTS.—Section 
710(b) of the Communications Act of 1934 (47 
U.S.C. 610(b)) is further amended— 
(A) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i)— 
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(aa) by striking ‘‘initial’’; 
(bb) by striking ‘‘of this 
subsection after the date of en-
actment of the Hearing Aid Com-
patibility Act of 1988’’; and 
(cc) by striking ‘‘paragraph 
(1)(B) of this subsection’’ and in-
serting ‘‘subparagraphs (B) and 
(C) of paragraph (1)’’; 
(II) by inserting ‘‘and’’ at the 
end of clause (ii); 
(III) by striking clause (iii); and 
(IV) by redesignating clause (iv) 
as clause (iii); 
(ii) by striking subparagraph (B) and 
redesignating subparagraph (C) as sub-
paragraph (B); and 
(iii) in subparagraph (B) (as so redes-
ignated)— 
(I) by striking the first sentence 
and inserting ‘‘The Commission shall 
periodically assess the appropriateness 
of continuing in effect the exemptions 
for telephones and other customer 
premises equipment described in sub-
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paragraph (A) of this paragraph.’’; 
and 
(II) in each of clauses (iii) and 
(iv), by striking ‘‘paragraph (1)(B)’’ 
and inserting ‘‘subparagraph (B) or 
(C) of paragraph (1)’’; 
(B) in paragraph (4)(B)— 
(i) by striking ‘‘public mobile’’ and in-
serting ‘‘telephones used with public mo-
bile’’; 
(ii) by inserting ‘‘telephones and other 
customer premises equipment used in 
whole or in part with’’ after ‘‘means’’; 
(iii) by striking ‘‘and’’ after ‘‘public 
land mobile telephone service,’’ and insert-
ing ‘‘or’’; 
(iv) by striking ‘‘part 22 of’’; and 
(v) by inserting after ‘‘Regulations’’ 
the following: ‘‘, or any functionally equiva-
lent unlicensed wireless services’’; and 
(C) in paragraph (4)(C)— 
(i) by striking ‘‘term ‘private radio 
services’ ’’ and inserting ‘‘term ‘telephones 
used with private radio services’ ’’; and 
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(ii) by inserting ‘‘telephones and other 
customer premises equipment used in 
whole or in part with’’ after ‘‘means’’. 
(b) TECHNICAL STANDARDS.—Section 710(c) of the 
Communications Act of 1934 (47 U.S.C. 610(c)) is 
amended by adding at the end the following: ‘‘A telephone 
or other customer premises equipment that is compliant 
with relevant technical standards developed through a 
public participation process and in consultation with inter-
ested consumer stakeholders (designated by the Commis-
sion for the purposes of this section) will be considered 
hearing aid compatible for purposes of this section, until 
such time as the Commission may determine otherwise. 
The Commission shall consult with the public, including 
people with hearing loss, in establishing or approving such 
technical standards. The Commission may delegate this 
authority to an employee pursuant to section 5(c). The 
Commission shall remain the final arbiter as to whether 
the standards meet the requirements of this section.’’. 
(c) RULEMAKING.—Section 710(e) of the Commu-
nications Act of 1934 (47 U.S.C. 610(e)) is amended— 
(1) by striking ‘‘impairments’’ and inserting 
‘‘loss’’; and 
(2) by adding at the end the following sentence: 
‘‘In implementing the provisions of subsection 
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(b)(1)(C), the Commission shall use appropriate 
timetables or benchmarks to the extent necessary (1) 
due to technical feasibility, or (2) to ensure the mar-
ketability or availability of new technologies to 
users.’’. 
(d) RULE OF CONSTRUCTION.—Section 710(h) of the 
Communications Act of 1934 (47 U.S.C. 610(h)) is 
amended to read as follows: 
‘‘(h) RULE
OF CONSTRUCTION.—Nothing in the 
Twenty-First Century Communications and Video Accessi-
bility Act of 2010 shall be construed to modify the Com-
mission’s regulations set forth in section 20.19 of title 47 
of the Code of Federal Regulations, as in effect on the 
date of enactment of such Act.’’. 
SEC. 103. RELAY SERVICES. 
(a) DEFINITION.—Paragraph (3) of section 225(a) of 
the Communications Act of 1934 (47 U.S.C. 225(a)(3)) 
is amended to read as follows: 
‘‘(3) 
TELECOMMUNICATIONS
RELAY
SERV-
ICES.—The term ‘telecommunications relay services’ 
means telephone transmission services that provide 
the ability for an individual who is deaf, hard of 
hearing, deaf-blind, or who has a speech disability to 
engage in communication by wire or radio with one 
or more individuals, in a manner that is functionally 
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equivalent to the ability of a hearing individual who 
does not have a speech disability to communicate 
using voice communication services by wire or 
radio.’’. 
(b) INTERNET
PROTOCOL-BASED
RELAY
SERV-
ICES.—Title VII of such Act (47 U.S.C. 601 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES. 
‘‘Within one year after the date of enactment of the 
Twenty-First Century Communications and Video Accessi-
bility Act of 2010, each interconnected VoIP service pro-
vider and each provider of non-interconnected VoIP serv-
ice shall participate in and contribute to the Telecommuni-
cations Relay Services Fund established in section 
64.604(c)(5)(iii) of title 47, Code of Federal Regulations, 
as in effect on the date of enactment of such Act, in a 
manner prescribed by the Commission by regulation to 
provide for obligations of such providers that are con-
sistent with and comparable to the obligations of other 
contributors to such Fund.’’. 
(c) TELECOMMUNICATIONS RELAY SERVICES POLICY 
ADVISORY COUNCIL.—Section 225 of the Communications 
Act of 1934 (47 U.S.C. 225) is amended by adding at 
the end the following new subsection: 
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‘‘(h) TELECOMMUNICATIONS RELAY SERVICES POL-
ICY ADVISORY COUNCIL.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after the date of enactment of the Twenty-First 
Century Communications and Video Accessibility 
Act of 2010, the Chairman of the Commission shall 
establish an advisory committee to be known as the 
Telecommunications Relay Services Policy Advisory 
Council (in this section referred to as the ‘Policy Ad-
visory Council’) and shall require the Policy Advi-
sory Council— 
‘‘(A) to conduct their meetings in a man-
ner that is open to the public; 
‘‘(B) to make a complete and comprehen-
sive record of such proceedings publicly avail-
able; 
‘‘(C) to establish safeguards to identify 
and mitigate conflicts of interest with respect to 
members of the Policy Advisory Council; and 
‘‘(D) to advise the Commission in the de-
velopment or proposal of any major changes or 
new rules relating to telecommunications relay 
services. 
‘‘(2) MEMBERSHIP.—As soon as practicable 
after the date of enactment of the Twenty-First 
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services fully and easily accessible to consumers 
of such services. 
‘‘(4) FEDERAL
ADVISORY
COMMITTEE
ACT.— 
The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the Policy Advisory Coun-
cil.’’. 
(d) FOLLOWUP PROCEEDING.—Section 225 of the 
Communications Act of 1934 (47 U.S.C. 225), as amend-
ed by subsection (c), is further amended by adding after 
subsection (h) the following new subsection: 
‘‘(i) FOLLOWUP PROCEEDING.— 
‘‘(1) IN GENERAL.—Not later than 30 months 
after the date of enactment of the Twenty-First 
Century Communications and Video Accessibility 
Act of 2010, the Commission, in consultation with 
all relevant Federal agencies, shall submit to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a re-
port— 
‘‘(A) concerning how the Commission is 
ensuring that telecommunications relay service 
customers have access to improved technologies, 
interoperability, and functionalities; and 
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‘‘(B) identifying impediments to the broad 
and efficient use of telecommunications relay 
services in the workplace. 
‘‘(2) SUGGESTIONS
FOR
WORKPLACE
ADOP-
TION.—The Commission shall develop suggestions to 
facilitate broader and more efficient use of tele-
communications relay services in the workplace, in-
cluding suggestions for facilitating the replacement 
of outdated end-user telecommunications relay serv-
ices equipment in public places and government of-
fices.’’. 
SEC. 104. ACCESS TO INTERNET-BASED SERVICES AND 
EQUIPMENT. 
(a) TITLE VII AMENDMENT.—Title VII of the Com-
munications Act of 1934 (47 U.S.C. 601 et seq.), as 
amended by section 103, is further amended by adding 
at the end the following new sections: 
‘‘SEC. 716. ACCESS TO INTERNET-BASED EQUIPMENT AND 
SERVICES. 
‘‘(a) ACCESS TO EQUIPMENT.— 
‘‘(1) RIGHT
TO
ACCESSIBLE
EQUIPMENT.— 
With respect to equipment manufactured after the 
effective date of the regulations established pursuant 
to this section, and subject to those regulations, a 
manufacturer of equipment used for advanced com-
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munications, including end user equipment, network 
equipment, and software, shall ensure that such 
equipment that such manufacturer offers for sale or 
otherwise distributes in interstate commerce shall be 
accessible to and usable by individuals with disabil-
ities, unless doing so is not achievable. 
‘‘(2) INDUSTRY FLEXIBILITY.—A manufacturer 
of equipment may satisfy the requirements of para-
graph (1) with respect to such equipment by— 
‘‘(A) ensuring that the equipment that 
such manufacturer offers is accessible to and 
usable by individuals with disabilities without 
the use of third party applications, peripheral 
devices, software, hardware, or customer prem-
ises equipment; or 
‘‘(B) if such manufacturer chooses, using 
third party applications, peripheral devices, 
software, hardware, or customer premises 
equipment that is available to the consumer at 
nominal cost and that individuals with disabil-
ities can access. 
‘‘(b) ACCESS TO SERVICES.— 
‘‘(1) RIGHT TO ACCESSIBLE SERVICES.—With 
respect to advanced communications services offered 
after the effective date of the regulations established 
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pursuant to this section, and subject to those regula-
tions, a provider of services used for advanced com-
munications shall ensure that such services that 
such provider offers for sale or otherwise distributes 
in interstate commerce shall be accessible to and us-
able by individuals with disabilities, unless doing so 
is not achievable. 
‘‘(2) INDUSTRY
FLEXIBILITY.—A provider of 
services may satisfy the requirements of paragraph 
(1) with respect to such services by— 
‘‘(A) ensuring that the services that such 
provider offers are accessible to and usable by 
individuals with disabilities without the use of 
third party applications, peripheral devices, 
software, hardware, or customer premises 
equipment; or 
‘‘(B) if such provider chooses, using third 
party applications, peripheral devices, software, 
hardware, or customer premises equipment that 
is available to the consumer at nominal cost 
and that individuals with disabilities can access. 
‘‘(c) COMPATIBILITY.—Whenever the requirements of 
subsection (a) are not achievable for a manufacturer, or 
the requirements of subsection (b) are not achievable for 
a provider, a manufacturer or provider shall ensure that 
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its equipment or service is compatible with peripheral de-
vices or specialized customer premises equipment com-
monly used by individuals with disabilities to achieve ac-
cess, unless the requirement of this subsection is not 
achievable. 
‘‘(d) NETWORK FEATURES, FUNCTIONS, AND CAPA-
BILITIES.—Each provider of advanced communications 
services has the duty not to install network features, func-
tions, or capabilities that impede accessibility or usability 
of advanced communications services. 
‘‘(e) REGULATIONS.— 
‘‘(1) IN GENERAL.—Within one year after the 
date of enactment of the Twenty-First Century 
Communications and Video Accessibility Act of 
2010, the Commission shall promulgate such regula-
tions as are necessary to implement this section. In 
prescribing the regulations, the Commission shall— 
‘‘(A) include performance objectives to en-
sure the accessibility, usability, and compat-
ibility of advanced communications services and 
the equipment used for advanced communica-
tions services by individuals with disabilities; 
‘‘(B) provide that advanced communica-
tions services, the equipment used for advanced 
communications services, and networks used to 
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provide advanced communications services may 
not impair or impede the accessibility of infor-
mation content when accessibility has been in-
corporated into that content for transmission 
through advanced communications services, 
equipment used for advanced communications 
services, or networks used to provide advanced 
communications services; and 
‘‘(C) determine the obligations under this 
section of manufacturers, service providers, and 
providers of applications. 
‘‘(2) PROSPECTIVE GUIDELINES.—The Commis-
sion shall issue prospective guidelines for a manufac-
turer or provider regarding the requirements of this 
section. 
‘‘(f) SERVICES AND EQUIPMENT SUBJECT TO SEC-
TION 255.—The requirements of this section shall not 
apply to any equipment or services, including inter-
connected VoIP service, that are subject to the require-
ments of section 255 on the day before the date of enact-
ment of the Twenty-First Century Communications and 
Video Accessibility Act of 2010. Such services and equip-
ment shall remain subject to the requirements of section 
255. 
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