I 
108TH CONGRESS 
2D SESSION 
H. R. 4311 
To reinstate the Federal Communications Commission’s rules for the 
description of video programming. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2004 
Mr. MARKEY introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To reinstate the Federal Communications Commission’s rules 
for the description of video programming. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Video Description Res-
toration Act of 2004’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The Federal Communications Commission 
promulgated video description rules that became ef-
fective in April of 2002.
(2) Those video description rules were con-
sistent with a long line of policies pursued by the 
Commission and the Congress to enhance access to 
telecommunications technology, news, entertainment, 
and information for all Americans. 
(3) The video description rules required major 
networks and cable channels in the top 25 markets 
to present at least 4 hours of described program-
ming per week and required such service in other 
markets where equipment was available to provide 
video description. 
(4) The Commission’s video description rules 
were struck down by a court decision citing lack of 
authority for the Commission to promulgate such 
rules. 
(5) The public interest would be served by clari-
fying the Commission’s authority to promulgate such 
rules and the intent of Congress that such rules be 
restored. 
SEC. 3. REINSTATEMENT OF VIDEO DESCRIPTION RULES. 
(a) RULES
REINSTATED.—The video description 
rules of the Federal Communications Commission con-
tained in the report and order identified as Implementa-
tion of Video Description of Video Programming, Report 
and Order, 15 F.C.C.R. 15,230 (2000), shall, notwith-
standing the decision of the United States Court of Ap-
peals for the District of Columbia Circuit in Motion Pic-
ture Association of America, Inc., et al., v. Federal Com-
munications Commission, et al. (309 F. 3d 796, November 
8, 2002), be considered to be authorized and ratified by 
law. 
(b) CONTINUING AUTHORITY OF COMMISSION.—The 
Federal Communications Commission—
(1) shall, within 45 days after the date of en-
actment of this Act, republish its video description 
rules contained in the report and order identified as 
Implementation of Video Description of Video Pro-
gramming, Report and Order, 15 F.C.C.R. 15,230 
(2000); 
(2) may amend, repeal, or otherwise modify 
such rules; and 
(3) shall initiate a proceeding within 180 days 
after the date of enactment of this Act to consider 
whether it is economically and technically feasible 
and consistent with the public interest to include ac-
cessible information in its video description rules. 
(c) ACCESSIBLE INFORMATION DEFINED.—In this 
section, the term ‘‘accessible information’’ may include 
written information displayed on television screens during 
regular programming, hazardous warnings and other
emergency information, local and national news bulletins, 
and any other information the Commission deems appro-
priate. 
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