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ing and displaying such programming in order 
to facilitate access to closed captions. 
(2) VIDEO DESCRIPTION, EMERGENCY INFOR-
MATION, USER INTERFACES, AND VIDEO PROGRAM-
MING GUIDES AND MENUS.—Within 18 months after 
the date of enactment of this Act, the Advisory 
Committee shall develop and submit to the Commis-
sion a report that includes the following: 
(A) An identification of the performance 
objectives for protocols, technical capabilities, 
and technical procedures needed to permit con-
tent providers, content distributors, Internet 
service providers, software developers, and de-
vice manufacturers to reliably encode, trans-
port, receive, and render video descriptions of 
video programming and emergency information 
delivered using Internet protocol or digital 
broadcast television. 
(B) An identification of additional proto-
cols, technical capabilities, and technical proce-
dures beyond those available as of the date of 
enactment of this Act for the delivery of video 
descriptions of video programming and emer-
gency information delivered using Internet pro-
tocol that are necessary to meet the perform-
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ance objectives identified under subparagraph 
(A). 
(C) A recommendation for any regulations 
that may be necessary to ensure compatibility 
between video programming delivered using 
Internet protocol and devices capable of receiv-
ing and displaying such programming in order 
to facilitate access to emergency information. 
(D) With respect to user interfaces, a rec-
ommendation for the standards, protocols, and 
procedures used to enable the functions of ap-
paratus designed to receive or display video pro-
gramming 
transmitted 
simultaneously 
with 
sound (including apparatus designed to receive 
or display video programming transmitted by 
means of services using Internet protocol) to be 
accessible to and usable by individuals with dis-
abilities. 
(E) With respect to user interfaces, a rec-
ommendation for the standards, protocols, and 
procedures used to enable on-screen text menus 
and other visual indicators used to access the 
functions on an apparatus described in sub-
paragraph (D) to be accompanied by audio out-
put so that such menus or indicators are acces-
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sible to and usable by individuals with disabil-
ities. 
(F) A recommendation for the standards, 
protocols, and procedures used to enable the se-
lection of video programming information on an 
apparatus or navigation device by means of a 
guide or menu to be accessible in real-time by 
individuals who are blind or have a visual im-
pairment. 
(3) CONSIDERATION
OF
STANDARDS, PROTO-
COLS, AND PROCEDURES BY STANDARD-SETTING OR-
GANIZATIONS.—The recommendations of the Advi-
sory Committee shall, to the extent possible, incor-
porate the standards, protocols, and procedures that 
have been adopted by appropriate industry standard- 
setting organizations for the report requirements de-
scribed in paragraphs (1) and (2). 
(f) MEETINGS.— 
(1) INITIAL MEETING.—The initial meeting of 
the Advisory Committee shall take place not later 
than 180 days after the date of the enactment of 
this Act. 
(2) OTHER MEETINGS.—After the initial meet-
ing, the Advisory Committee shall meet at the call 
of the Chairman. 
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(3) NOTICE; OPEN
MEETINGS.—Any meeting 
held by the Advisory Committee shall be noticed at 
least 14 days before such meeting and shall be open 
to the public. 
(g) PROCEDURAL RULES.— 
(1) QUORUM.—The presence of one-third of the 
members of the Advisory Committee shall constitute 
a quorum for conducting the business of the Advi-
sory Committee. 
(2) SUBCOMMITTEES.—To assist the Advisory 
Committee in carrying out its functions, the Chair-
man may establish appropriate subcommittees com-
posed of members of the Advisory Committee and 
other subject matter experts. 
(3) ADDITIONAL
PROCEDURAL
RULES.—The 
Advisory Committee may adopt other procedural 
rules as needed. 
(h) FEDERAL ADVISORY COMMITTEE ACT.—The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Advisory Committee. 
SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING. 
(a) VIDEO DESCRIPTION.—Section 713 of the Com-
munications Act of 1934 (47 U.S.C. 613) is amended— 
(1) by striking subsections (f) and (g); 
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(2) by redesignating subsection (h) as sub-
section (j); and 
(3) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) VIDEO DESCRIPTION.— 
‘‘(1) REINSTATEMENT OF REGULATIONS.—On 
the day that is 1 year after the date of enactment 
of the Twenty-First Century Communications and 
Video Accessibility Act of 2010, the Commission 
shall, after a rulemaking, reinstate its video descrip-
tion regulations contained in the Implementation of 
Video Description of Video Programming Report 
and Order (15 F.C.C.R. 15,230 (2000)), modified as 
provided in paragraph (2). 
‘‘(2) MODIFICATIONS TO REINSTATED REGULA-
TIONS.—Such regulations shall be modified only as 
follows: 
‘‘(A) The regulations shall apply to video 
programming, as defined in subsection (i), inso-
far as such programming is transmitted for dis-
play on television in digital format. 
‘‘(B) The Commission shall update the list 
of the top 25 Designated Market Areas, the list 
of the top 5 national nonbroadcast networks 
that have at least 50 hours per quarter of 
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prime time programming that is not exempt 
under this paragraph, and the designation of 
the beginning calendar quarter for which com-
pliance shall be calculated. 
‘‘(C) The regulations may permit a pro-
vider of video programming or a program owner 
to petition the Commission for an exemption 
from the requirements of this section upon a 
showing that the requirements contained in this 
section would be economically burdensome. 
‘‘(D) The Commission may exempt from 
the regulations established pursuant to para-
graph (1) a service, class of services, program, 
class of programs, equipment, or class of equip-
ment for which the Commission has determined 
that the application of such regulations would 
be economically burdensome for the provider of 
such service, program, or equipment. 
‘‘(E) The regulations shall not apply to live 
or near-live programming. 
‘‘(F) The regulations shall provide for an 
appropriate phased schedule of deadlines for 
compliance. 
‘‘(3) INQUIRIES ON FURTHER VIDEO DESCRIP-
TION REQUIREMENTS.—The Commission shall com-
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programming is transmitted for display on tele-
vision, are greater than the technical and eco-
nomic costs of providing such additional pro-
gramming. If the Commission makes such a de-
termination and issues additional regulations, 
the Commission may increase, in total, the 
hours requirement for described video program-
ming, insofar as such programming is trans-
mitted for display on television, up to 75 per-
cent of the requirement in the regulations rein-
stated under paragraph (1). 
‘‘(B) FURTHER REQUIREMENTS.— 
‘‘(i) REPORT.—Nine years after the 
date of enactment of the Twenty-First 
Century Communications and Video Acces-
sibility Act of 2010, the Commission shall 
submit to the Committee on Energy and 
Commerce of the House of Representatives 
and the Committee on Commerce, Science, 
and Transportation of the Senate a report 
assessing— 
‘‘(I) the types of described video 
programming that is available to con-
sumers; 
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‘‘(II) consumer use of such pro-
gramming; 
‘‘(III) the costs to program own-
ers, providers, and distributors of cre-
ating such programming; 
‘‘(IV) the benefits to consumers 
of such programming; 
‘‘(V) the amount of such pro-
gramming currently available; and 
‘‘(VI) the need for additional de-
scribed programming. 
‘‘(ii) INCREASED AVAILABILITY.—Ten 
years after the date of enactment of the 
Twenty-First 
Century 
Communications 
and Video Accessibility Act of 2010, the 
Commission shall have the authority, based 
upon the findings, conclusions, and rec-
ommendations contained in the report 
under clause (i), to increase the availability 
of such programming. 
‘‘(C) APPLICATION TO DESIGNATED MAR-
KET AREAS.— 
‘‘(i) IN GENERAL.—After the Commis-
sion completes the study on video descrip-
tion, the Commission shall phase in the 
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video description regulations for all des-
ignated market areas, except that the 
Commission may grant waivers to entities 
in specific designated market areas where 
it deems appropriate. 
‘‘(ii) 
PHASE-IN
DEADLINE.—The 
phase-in described under clause (i) shall be 
completed not later than 6 years after the 
date of enactment of the Twenty-First 
Century Communications and Video Acces-
sibility Act of 2010. 
‘‘(g) EMERGENCY INFORMATION.—Not later than 1 
year after the Video Programming and Emergency Access 
Advisory Committee report under section 201(e)(2) of the 
Twenty-First Century Communications and Video Accessi-
bility Act of 2010 is submitted to the Commission, the 
Commission shall complete a proceeding to— 
‘‘(1) identify methods to convey emergency in-
formation (as that term is defined in section 79.2 of 
title 47, Code of Federal Regulations) in a manner 
accessible to individuals who are blind or have a vis-
ual impairment; and 
‘‘(2) promulgate regulations that require certain 
designated video programming providers and video 
programming distributors (as those terms are de-
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fined in section 79.1 of title 47, Code of Federal 
Regulations) and program owners to convey such 
emergency information in a manner accessible to in-
dividuals who are blind or have a visual impairment. 
‘‘(h) RESPONSIBILITIES.— 
‘‘(1) VIDEO
PROGRAMMING
OWNER.—A video 
programming owner shall ensure that any closed 
captioning and video description required pursuant 
to this section is provided in accordance with the 
technical standards, protocols, and procedures estab-
lished by the Commission. 
‘‘(2) VIDEO PROGRAMMING PROVIDER OR DIS-
TRIBUTOR.—A video programming provider or video 
programming distributor shall be deemed in compli-
ance with this section and the rules and regulation 
promulgated thereunder if such provider or dis-
tributor enables the rendering or the pass through 
of closed captions and video description signals. 
‘‘(i) DEFINITIONS.—For purposes of this section, sec-
tion 303, and section 330: 
‘‘(1) VIDEO DESCRIPTION.—The term ‘video de-
scription’ means the insertion of audio narrated de-
scriptions of a television program’s key visual ele-
ments into natural pauses between the program’s 
dialogue. 
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‘‘(2) VIDEO PROGRAMMING.—The term ‘video 
programming’ has the meaning given such term in 
section 602.’’. 
(b) CLOSED CAPTIONING ON VIDEO PROGRAMMING 
DELIVERED USING INTERNET PROTOCOL.—Section 713 
of such Act is further amended by striking subsection (c) 
and inserting the following: 
‘‘(c) DEADLINES FOR CAPTIONING.— 
‘‘(1) IN GENERAL.—The regulations prescribed 
pursuant to subsection (b) shall include an appro-
priate schedule of deadlines for the provision of 
closed captioning of video programming published or 
exhibited on television. 
‘‘(2) DEADLINES
FOR
PROGRAMMING
DELIV-
ERED USING INTERNET PROTOCOL.— 
‘‘(A) REGULATIONS
ON
CLOSED
CAP-
TIONING ON VIDEO PROGRAMMING DELIVERED 
USING INTERNET PROTOCOL.—Not later than 6 
months after the submission of the report to 
the Commission required by section 201(e)(1) 
of the Twenty-First Century Communications 
and Video Accessibility Act of 2010, the Com-
mission shall promulgate regulations to require 
the provision of closed captioning on video pro-
gramming delivered using Internet protocol. 
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‘‘(B) SCHEDULE.—The regulations pre-
scribed under this paragraph shall include an 
appropriate schedule of decoding for the provi-
sion of closed captioning, taking into account 
whether such programming is prerecorded and 
edited for Internet distribution, or whether such 
programming is live or near-live and not edited 
for Internet distribution. 
‘‘(C) COST.—The Commission may delay 
or waive the regulation promulgated under sub-
paragraph (A) to the extent the Commission 
finds that the application of the regulation to 
live video programming delivered using Internet 
protocol would be economically burdensome to 
providers of video programming or program 
owners. 
‘‘(D) 
REQUIREMENTS
FOR
REGULA-
TIONS.— 
‘‘(i) IN
GENERAL.—The regulations 
prescribed under this paragraph— 
‘‘(I) shall contain a definition of 
‘near-live programming’ and ‘edited 
for Internet distribution’; 
‘‘(II) may exempt any service, 
class of service, program, class of pro-
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gram, equipment, or class of equip-
ment for which the Commission has 
determined that the application of 
such regulations would be economi-
cally burdensome to the provider of 
such service, program, or equipment; 
‘‘(III) shall provide that de mini-
mis failure to comply with such regu-
lations by a provider of video pro-
gramming or program owner shall not 
be treated as a violation of the regula-
tions; and 
‘‘(IV) shall only apply to video 
programming that is transmitted for 
display on television with closed cap-
tioning after the effective date of the 
regulations issued pursuant to this 
section. 
‘‘(ii) ALTERNATE MEANS.—An entity 
may meet the requirements of this section 
through alternate means than those pre-
scribed by regulations pursuant to para-
graph (1) if the requirements of this sec-
tion are met, as determined by the Com-
mission.’’. 
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(c) CONFORMING AMENDMENT.—Section 713(d) of 
such Act is amended by striking paragraph (3) and insert-
ing the following: 
‘‘(3)(A) a provider of video programming or 
program owner may petition the Commission for an 
exemption from the requirements of this section; 
‘‘(B) the Commission may grant such peti-
tion upon a showing that the requirements con-
tained in this section would be economically 
burdensome; 
‘‘(C) during the pendency of such a peti-
tion, such provider or owner shall be exempt 
from the requirements of this section; and 
‘‘(D) the Commission shall act to grant or 
deny any such petition, in whole or in part, 
within 6 months after the Commission receives 
such petition, unless the Commission finds that 
an extension of the 6-month period is necessary 
to determine whether such requirements are 
economically burdensome.’’. 
(d) REPORTING REQUIREMENT.—Two years after 
the effective date of the regulations issued pursuant to this 
section, and biennially thereafter, each broadcast tele-
vision network and each cable television network shall sub-
mit to the Commission a report containing the number 
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of hours, in the applicable 2-year period, of video program-
ming not published or exhibited on television after the date 
of enactment of this Act that was provided on the Internet 
with closed captioning. 
(e) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Three years after the date of 
enactment of this Act, the Commission shall submit 
a report to the Committee on Energy and Commerce 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate— 
(A) assessing the technical, economic, and 
operational issues regarding the captioning of 
video programming that is distributed only over 
the Internet, including the types and amounts 
of such video programming that is or could be 
captioned, the types of entities producing such 
programming, and the effects a closed cap-
tioning requirement may have on the producers 
of such programming; 
(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 
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(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-
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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.’’. 
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(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— 
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(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— 
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(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 
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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 
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‘‘(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 
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Calendar No. 513 
111TH CONGRESS 
2D SESSION 
H. R. 3101 
AN ACT 
To ensure that individuals with disabilities have ac-
cess to emerging Internet Protocol-based commu-
nication and video programming technologies in 
the 21st century. 
AUGUST 5, 2010 
Read twice and placed on the calendar 
VerDate Mar 15 2010 
04:09 Aug 06, 2010
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