HR 3101 PCS
function of every device or service accessible for every dis-
ability. 
‘‘SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGA-
TIONS. 
‘‘(a) COMPLAINT
AND
ENFORCEMENT
PROCE-
DURES.—Within one year after the date of enactment of 
the Twenty-First Century Communications and Video Ac-
cessibility Act of 2010, the Commission shall establish reg-
ulations that facilitate the filing of formal and informal 
complaints that allege a violation of section 255, 716, or 
718, establish procedures for enforcement actions by the 
Commission with respect to such violations, and imple-
ment the recordkeeping obligations of paragraph (5) for 
manufacturers and providers subject to such sections. 
Such regulations shall include the following provisions: 
‘‘(1) NO
FEE.—The Commission shall not 
charge any fee to an individual who files a complaint 
alleging a violation of section 255, 716, or 718. 
‘‘(2) RECEIPT OF COMPLAINTS.—The Commis-
sion shall establish separate and identifiable elec-
tronic, telephonic, and physical receptacles for the 
receipt of complaints filed under section 255, 716, 
or 718. 
‘‘(3) COMPLAINTS TO THE COMMISSION.— 
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‘‘(A) IN GENERAL.—Any person alleging a 
violation of section 255, 716, or 718 by a man-
ufacturer of equipment or provider of service 
subject to such sections may file a formal or in-
formal complaint with the Commission. 
‘‘(B) INVESTIGATION OF INFORMAL COM-
PLAINT.—The Commission shall investigate the 
allegations in an informal complaint and, within 
180 days after the date on which such com-
plaint was filed with the Commission, issue an 
order concluding the investigation, unless such 
complaint is resolved before such time. The 
order shall include a determination whether any 
violation occurred. 
‘‘(i) VIOLATION.—If the Commission 
determines that a violation has occurred, 
the Commission may, in the order issued 
under this subparagraph or in a subse-
quent order, require the manufacturer or 
service provider to take such action as is 
necessary to comply with the requirements 
of this section. 
‘‘(ii) NO VIOLATION.—If a determina-
tion is made that a violation has not oc-
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curred, the Commission shall provide the 
basis for such determination. 
‘‘(C) CONSOLIDATION OF COMPLAINTS.— 
The Commission may consolidate for investiga-
tion and resolution complaints alleging substan-
tially the same violation. 
‘‘(4) OPPORTUNITY TO RESPOND.—Before the 
Commission makes a determination pursuant to 
paragraph (3), the party that is the subject of the 
complaint shall have a reasonable opportunity to re-
spond to such complaint, and may include in such 
response any factors that are relevant to such deter-
mination. 
‘‘(5) RECORDKEEPING.— 
‘‘(A) IN
GENERAL.—Beginning one year 
after the effective date of regulations promul-
gated pursuant to section 716(e), each manu-
facturer and provider subject to sections 255, 
716, or 718 shall maintain, in the ordinary 
course of business and for a reasonable period, 
records of any efforts taken by such manufac-
turer or provider to implement sections 255, 
716, or 718, including the following: 
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‘‘(i) Information about the manufac-
turer’s or provider’s efforts to consult with 
individuals with disabilities. 
‘‘(ii) Descriptions of the accessibility 
features of its products and services. 
‘‘(iii) Information about the compat-
ibility of such products and services with 
peripheral devices or specialized customer 
premise equipment commonly used by indi-
viduals with disabilities to achieve access. 
‘‘(B) SUBMISSION
OF
ANNUAL
CERTIFI-
CATION.—An officer of a manufacturer or pro-
vider shall submit to the Commission an annual 
certification that records are being kept in ac-
cordance with subparagraph (A). 
‘‘(C) 
COMMISSION
REQUEST
FOR 
RECORDS.—After the filing of a formal or infor-
mal complaint against a manufacturer or pro-
vider in the manner prescribed in paragraph 
(3), the Commission may request, and shall 
keep confidential, a copy of the records main-
tained by such manufacturer or provider pursu-
ant to subparagraph (A) of this paragraph that 
are directly relevant to the equipment or service 
that is the subject of such complaint. 
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‘‘(6) FAILURE
TO
ACT.—If the Commission 
fails to carry out any of its responsibilities to act 
upon a complaint in the manner prescribed in para-
graph (3), the person that filed such complaint may 
bring an action in the nature of mandamus in the 
United States Court of Appeals for the District of 
Columbia to compel the Commission to carry out 
any such responsibility. 
‘‘(7) COMMISSION JURISDICTION.—The limita-
tions of section 255(f) shall apply to any claim that 
alleges a violation of section 255, 716, or 718. Noth-
ing in this paragraph affects or limits any action for 
mandamus under paragraph (6) or any appeal pur-
suant to section 402(b)(10). 
‘‘(8) PRIVATE RESOLUTIONS OF COMPLAINTS.— 
Nothing in the Commission’s rules or this Act shall 
be construed to preclude a person who files a com-
plaint and a manufacturer or provider from resolv-
ing a formal or informal complaint prior to the Com-
mission’s final determination in a complaint pro-
ceeding. In the event of such a resolution, the par-
ties shall jointly request dismissal of the complaint 
and the Commission shall grant such request. 
‘‘(b) REPORTS TO CONGRESS.— 
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‘‘(1) IN GENERAL.—Every two years after the 
date of enactment of the Twenty-First Century 
Communications and Video Accessibility Act of 
2010, the Commission shall submit to the Com-
mittee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Com-
merce of the House of Representatives a report that 
includes the following: 
‘‘(A) An assessment of the level of compli-
ance with sections 255, 716, and 718. 
‘‘(B) An evaluation of the extent to which 
any accessibility barriers still exist with respect 
to new communications technologies. 
‘‘(C) The number and nature of complaints 
received pursuant to subsection (a) during the 
two years that are the subject of the report. 
‘‘(D) A description of the actions taken to 
resolve such complaints under this section, in-
cluding forfeiture penalties assessed. 
‘‘(E) The length of time that was taken by 
the Commission to resolve each such complaint. 
‘‘(F) The number, status, nature, and out-
come of any actions for mandamus filed pursu-
ant to subsection (a)(6) and the number, sta-
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tus, nature, and outcome of any appeals filed 
pursuant to section 402(b)(10). 
‘‘(G) An assessment of the effect of the re-
quirements of this section on the development 
and deployment of new communications tech-
nologies. 
‘‘(2) PUBLIC COMMENT REQUIRED.—The Com-
mission shall seek public comment on its tentative 
findings prior to submission to the Committees of 
the report under this subsection. 
‘‘(c) 
COMPTROLLER
GENERAL
ENFORCEMENT 
STUDY.— 
‘‘(1) IN GENERAL.—The Comptroller General 
shall conduct a study to consider and evaluate the 
following: 
‘‘(A) The Commission’s compliance with 
the requirements of this section, including the 
Commission’s level of compliance with the dead-
lines established under and pursuant to this 
section and deadlines for acting on complaints 
pursuant to subsection (a). 
‘‘(B) Whether the enforcement actions 
taken by the Commission pursuant to this sec-
tion have been appropriate and effective in en-
suring compliance with this section. 
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‘‘(C) Whether the enforcement provisions 
under this section are adequate to ensure com-
pliance with this section. 
‘‘(D) An assessment of the effect of the re-
quirements of this section on the development 
and deployment of new communications tech-
nologies. 
‘‘(2) REPORT.—Not later than 5 years after the 
date of enactment of the Twenty-First Century 
Communications and Video Accessibility Act of 
2010, the Comptroller General 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 on the results of the study required by para-
graph (1), with recommendations for how the en-
forcement process and measures under this section 
may be modified or improved. 
‘‘(d) CLEARINGHOUSE.—Within one year after the 
date of enactment of the Twenty-First Century Commu-
nications and Video Accessibility Act of 2010, the Com-
mission shall, in consultation with the Architectural and 
Transportation Barriers Compliance Board, the National 
Telecommunications and Information Administration, 
trade associations, and organizations representing individ-
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uals with disabilities, establish a clearinghouse of informa-
tion on the availability of accessible products and services 
and accessibility solutions required under sections 255, 
716, and 718. Such information shall be made publicly 
available on the Commission’s website and by other 
means, and shall include an annually updated list of prod-
ucts and services with access features. 
‘‘(e) OUTREACH AND EDUCATION.—Upon establish-
ment of the clearinghouse of information required under 
subsection (d), the Commission, in coordination with the 
National Telecommunications and Information Adminis-
tration, shall conduct an informational and educational 
program designed to inform the public about the avail-
ability of the clearinghouse and the protections and rem-
edies available under sections 255, 716, and 718. 
‘‘SEC. 718. INTERNET BROWSERS BUILT INTO TELEPHONES 
USED WITH PUBLIC MOBILE SERVICES. 
‘‘(a) ACCESSIBILITY.—If a manufacturer of a tele-
phone used with public mobile services (as such term is 
defined in section 710(b)(4)(B)) includes an Internet 
browser in such telephone, or if a provider of mobile serv-
ice arranges for the inclusion of a browser in telephones 
to sell to customers, the manufacturer or provider shall 
ensure that the functions of the included browser (includ-
ing the ability to launch the browser) are accessible to and 
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usable by individuals who are blind or have a visual im-
pairment, unless doing so is not achievable, except that 
this subsection shall not impose any requirement on such 
manufacturer or provider— 
‘‘(1) to make accessible or usable any Internet 
browser other than a browser that such manufac-
turer or provider includes or arranges to include in 
the telephone; or 
‘‘(2) to make Internet content, applications, or 
services accessible or usable (other than enabling in-
dividuals with disabilities to use an included browser 
to access such content, applications, or services). 
‘‘(b) INDUSTRY FLEXIBILITY.—A manufacturer or 
provider may satisfy the requirements of subsection (a) 
with respect to such telephone or services by— 
‘‘(1) ensuring that the telephone or services 
that such manufacture or provider offers is acces-
sible to and usable by individuals with disabilities 
without the use of third party applications, periph-
eral devices, software, hardware, or customer prem-
ises equipment; or 
‘‘(2) using third party applications, peripheral 
devices, software, hardware, or customer premises 
equipment that is available to the consumer at nomi-
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nal cost and that individuals with disabilities can ac-
cess.’’. 
(b) EFFECTIVE DATE FOR SECTION 718.—Section 
718 of the Communications Act of 1934, as added by sub-
section (a), shall take effect 3 years after the date of en-
actment of this Act. 
(c) TITLE V AMENDMENTS.—Section 503(b)(2) of 
such Act (47 U.S.C. 503(b)(2)) is amended by adding 
after subparagraph (E) the following: 
‘‘(F) Subject to paragraph (5) of this section, if the 
violator is a manufacturer or service provider subject to 
the requirements of section 255, 716, or 718, and is deter-
mined by the Commission to have violated any such re-
quirement, the manufacturer or provider shall be liable to 
the United States for a forfeiture penalty of not more than 
$100,000 for each violation or each day of a continuing 
violation, except that the amount assessed for any con-
tinuing violation shall not exceed a total of $1,000,000 
for any single act or failure to act.’’. 
(d) REVIEW OF COMMISSION DETERMINATIONS.— 
Section 402(b) of such Act (47 U.S.C. 402(b)) is amended 
by adding the following new paragraph: 
‘‘(10) By any person who is aggrieved or whose inter-
ests are adversely affected by a determination made by 
the Commission under section 717(a)(3).’’. 
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SEC. 105. EMERGENCY ACCESS ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—For the purpose of achieving 
equal access to emergency services by individuals with dis-
abilities, as a part of the migration to a national Internet 
protocol-enabled emergency network, not later than 60 
days after the date of enactment of this Act, the Chairman 
of the Commission shall establish an advisory committee, 
to be known as the Emergency Access Advisory Committee 
(referred to in this section as the ‘‘Advisory Committee’’). 
(b) MEMBERSHIP.—As soon as practicable after the 
date of enactment of this Act, the Chairman of the Com-
mission shall appoint the members of the Advisory Com-
mittee, ensuring a balance between individuals with dis-
abilities and other stakeholders, and shall designate two 
such members as the co-chairs of the Committee. Members 
of the Advisory Committee shall be selected from the fol-
lowing groups: 
(1) STATE
AND
LOCAL
GOVERNMENT
AND 
EMERGENCY RESPONDER REPRESENTATIVES.—Rep-
resentatives of State and local governments and rep-
resentatives of emergency response providers, se-
lected from among individuals nominated by national 
organizations representing such governments and 
representatives. 
(2) SUBJECT
MATTER
EXPERTS.—Individuals 
who have the technical knowledge and expertise to 
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serve on the Advisory Committee in the fulfillment 
of its duties, including representatives of— 
(A) providers of interconnected and non- 
interconnected VoIP services; 
(B) vendors, developers, and manufactur-
ers of systems, facilities, equipment, and capa-
bilities for the provision of interconnected and 
non-interconnected VoIP services; 
(C) national organizations representing in-
dividuals with disabilities and senior citizens; 
(D) Federal agencies or departments re-
sponsible for the implementation of the Next 
Generation E 9–1–1 system; 
(E) the National Institute of Standards 
and Technology; and 
(F) other individuals with such technical 
knowledge and expertise. 
(3) REPRESENTATIVES
OF
OTHER
STAKE-
HOLDERS AND INTERESTED PARTIES.—Representa-
tives of such other stakeholders and interested and 
affected parties as the Chairman of the Commission 
determines appropriate. 
(c) DEVELOPMENT OF RECOMMENDATIONS.—Within 
one year after the completion of the member appointment 
process by the Chairman of the Commission pursuant to 
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subsection (b), the Advisory Committee shall develop and 
submit to the Commission recommendations to implement 
such technologies and methods, including recommenda-
tions— 
(1) with respect to what actions are necessary 
as a part of the migration to a national Internet 
protocol-enabled network to achieve reliable, inter-
operable communication transmitted over such net-
work that will ensure access to emergency services 
by individuals with disabilities; 
(2) for protocols, technical capabilities, and 
technical requirements to ensure reliability and 
interoperability necessary to ensure access to emer-
gency services by individuals with disabilities; 
(3) for the establishment of technical standards 
for use by public safety answering points, designated 
default answering points, and local emergency au-
thorities; 
(4) for relevant technical standards and re-
quirements for communication devices and equip-
ment and technologies to enable the use of reliable 
emergency access; 
(5) for procedures to be followed by IP-enabled 
network providers to ensure that such providers do 
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not install features, functions, or capabilities that 
would conflict with technical standards; 
(6) for deadlines by which providers of inter-
connected and non-interconnected VoIP services and 
manufacturers of equipment used for such services 
shall achieve the actions required in paragraphs (1) 
through (5), and for the possible phase out of the 
use of current-generation TTY technology to the ex-
tent that this technology is replaced with more effec-
tive and efficient technologies and methods to enable 
access to emergency services by individuals with dis-
abilities; and 
(7) for the establishment of rules to update the 
Commission’s rules with respect to 9–1–1 services 
and E–911 services, as such term is defined in sec-
tion 158 of the National Telecommunications and 
Information Administration Organization Act (47 
U.S.C. 942), for users of telecommunications relay 
services as new technologies and methods for pro-
viding such relay services are adopted by providers 
of such relay services. 
(d) MEETINGS.— 
(1) INITIAL MEETING.—The initial meeting of 
the Advisory Committee shall take place not later 
than 45 days after the completion of the member ap-
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pointment process by the Chairman of the Commis-
sion pursuant to subsection (b). 
(2) OTHER MEETINGS.—After the initial meet-
ing, the Advisory Committee shall meet at the call 
of the chairs, but no less than monthly until the rec-
ommendations required pursuant to subsection (c) 
are completed and submitted. 
(3) NOTICE; OPEN MEETINGS.—Any meetings 
held by the Advisory Committee shall be duly no-
ticed at least 14 days in advance and shall be open 
to the public. 
(e) PROCEDURAL RULES.— 
(1) QUORUM.—One-third of the members of the 
Advisory Committee shall constitute a quorum for 
conducting business of the Advisory Committee. 
(2) SUBCOMMITTEES.—To assist the Advisory 
Committee in carrying out its functions, the chair 
may establish appropriate subcommittees composed 
of members of the Advisory Committee and other 
subject matter experts as determined to be nec-
essary. 
(3) ADDITIONAL
PROCEDURAL
RULES.—The 
Advisory Committee may adopt other procedural 
rules as needed. 
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mence the following inquiries not later than 1 year 
after the completion of the phase-in of the reinstated 
regulations and shall report to Congress 1 year 
thereafter on the findings for each of the following: 
‘‘(A) VIDEO DESCRIPTION IN TELEVISION 
PROGRAMMING.—The availability, use, and ben-
efits of video description on video programming 
distributed on television, the technical and cre-
ative issues associated with providing such video 
description, and the financial costs of providing 
such video description for providers of video 
programming and program owners. 
‘‘(B) VIDEO DESCRIPTION IN VIDEO PRO-
GRAMMING DISTRIBUTED ON THE INTERNET.— 
The technical and operational issues, costs, and 
benefits of providing video descriptions for video 
programming that is delivered using Internet 
protocol. 
‘‘(4) CONTINUING COMMISSION AUTHORITY.— 
‘‘(A) IN GENERAL.—The Commission may 
issue additional regulations if the Commission 
determines, at least 2 years after completing 
the reports required in paragraph (3), that the 
need for and benefits of providing video descrip-
tions for video programming, insofar as such 
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