IB 
Union Calendar No. 323 
111TH CONGRESS 
2D SESSION 
H. R. 3101 
[Report No. 111–563] 
To ensure that individuals with disabilities have access to emerging Internet 
Protocol-based communication and video programming technologies in 
the 21st century. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2009 
Mr. MARKEY of Massachusetts introduced the following bill; which was 
referred to the Committee on Energy and Commerce 
JULY 26, 2010 
Additional sponsors: Ms. LINDA T. SA´NCHEZ of California, Ms. LEE of Cali-
fornia, Mr. STARK, Mr. ISRAEL, Mr. RYAN of Ohio, Mr. VAN HOLLEN, 
Mr. LEWIS of Georgia, Mr. TOWNS, Mr. KANJORSKI, Mr. HINCHEY, Mr. 
GRIJALVA, Mr. HONDA, Mr. MORAN of Virginia, Mr. CARSON of Indiana, 
Ms. NORTON, Mrs. NAPOLITANO, Mr. BLUMENAUER, Ms. PINGREE of 
Maine, Ms. BORDALLO, Mr. ROTHMAN of New Jersey, Mr. PETERSON, 
Ms. MCCOLLUM, Mr. CLEAVER, Mr. CAPUANO, Mr. MCGOVERN, Mr. FIL-
NER, Mr. FRANK of Massachusetts, Mr. DOGGETT, Mrs. MALONEY, Mr. 
PAYNE, Ms. SLAUGHTER, Mr. BERMAN, Mr. CHANDLER, Mr. DAVIS of 
Tennessee, Mr. MOORE of Kansas, Mr. NEAL of Massachusetts, Mr. 
OLVER, Mr. TIERNEY, Ms. KILROY, Ms. SCHAKOWSKY, Mr. HASTINGS of 
Florida, Mr. ENGEL, Mr. SCHIFF, Mr. MAFFEI, Ms. ROS-LEHTINEN, Mr. 
GRIFFITH, Mr. PALLONE, Mr. CONNOLLY of Virginia, Mrs. LOWEY, Ms. 
ESHOO, Ms. MATSUI, Ms. CLARKE, and Mr. CLAY 
JULY 26, 2010 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 26, 2009] 
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A BILL 
To ensure that individuals with disabilities have access to 
emerging Internet Protocol-based communication and 
video programming technologies in the 21st century. 
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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. 
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 navigation 
devices. 
Sec. 206. Definitions. 
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, applica-
tions, services, advanced communications services, or equip-
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ment used to provide or access advanced communications 
services to the extent such person— 
(1) transmits, routes, or stores in intermediate or 
transient storage the communications made available 
through the provision of advanced communications 
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 which an 
end user obtains access to such video programming, 
online content, applications, services, advanced com-
munications services, or equipment used to provide or 
access advanced communications services. 
(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, soft-
ware, hardware, or equipment to comply with 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). 
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. 
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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 para-
graphs: 
‘‘(53) ADVANCED COMMUNICATIONS SERVICES.— 
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) CONSUMER GENERATED MEDIA.—The term 
‘consumer generated media’ means content created 
and made available by consumers to web sites, includ-
ing video, audio, and multimedia content. 
‘‘(55) DISABILITY.—The term ‘disability’ has the 
meaning given such term under section 3 of the Amer-
icans with Disabilities Act of 1990 (42 U.S.C. 
12102). 
‘‘(56) ELECTRONIC
MESSAGING
SERVICE.—The 
term ‘electronic messaging service’ means a service 
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that provides non-voice messages in text form between 
individuals over communications networks. 
‘‘(57) 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. 
‘‘(58) 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 
to the user’s location using Internet protocol 
or any successor protocol; and 
‘‘(ii) requires Internet protocol compat-
ible customer premises equipment; and 
‘‘(B) does not include any service that is an 
interconnected VoIP service. 
‘‘(59) 
VIDEO
CONFERENCING
SERVICE.—The 
term ‘video conferencing service’ means a service that 
provides real-time video communications, including 
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 
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section in alphabetical order based on the headings of 
such paragraphs and renumbering such paragraphs 
as so reordered. 
SEC. 102. HEARING AID COMPATIBILITY. 
(a) COMPATIBILITY REQUIREMENTS.— 
(1) TELEPHONE SERVICE FOR THE DISABLED.— 
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 pro-
vide internal means for effective use with hearing aids that 
are designed to be compatible with telephones which meet 
established technical standards for hearing aid compat-
ibility. 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 Com-
patibility 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 designed to 
provide 2-way voice communications via a built-in 
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speaker intended to be held to the ear in a manner 
functionally equivalent to a telephone, subject to the 
regulations prescribed by the Commission under sub-
section (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)— 
(aa) by striking ‘‘initial’’; 
(bb) by striking ‘‘of this sub-
section after the date of enactment 
of the Hearing Aid Compatibility 
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); 
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(ii) by striking subparagraph (B) and 
redesignating subparagraph (C) as subpara-
graph (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-
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’’; 
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(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 
(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 rel-
evant technical standards developed through a public par-
ticipation process and in consultation with interested con-
sumer stakeholders (designated by the Commission for the 
purposes of this section) will be considered hearing aid com-
patible 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 
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loss, in establishing or approving such technical standards. 
The Commission may delegate this authority to an em-
ployee pursuant to section 5(c). The Commission shall re-
main the final arbiter as to whether the standards meet the 
requirements of this section.’’. 
(c) RULEMAKING.—Section 710(e) of the Communica-
tions 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 
(b)(1)(C), the Commission shall use appropriate time-
tables or benchmarks to the extent necessary (1) due 
to technical feasibility, or (2) to ensure the market-
ability 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 amend-
ed to read as follows: 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in the Twen-
ty-First Century Communications and Video Accessibility 
Act of 2010 shall be construed to modify the Commission’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.’’. 
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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 SERVICES.— 
The term ‘telecommunications relay services’ means 
telephone transmission services that provide the abil-
ity 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 equiva-
lent 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 SERVICES.— 
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 service 
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 man-
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ner prescribed by the Commission by regulation to provide 
for obligations of such providers that are consistent 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: 
‘‘(h) TELECOMMUNICATIONS RELAY SERVICES POLICY 
ADVISORY COUNCIL.— 
‘‘(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of the Twenty-First Cen-
tury Communications and Video Accessibility Act of 
2010, the Chairman of the Commission shall establish 
an advisory committee to be known as the Tele-
communications Relay Services Policy Advisory 
Council (in this section referred to as the ‘Policy Ad-
visory Council’) and shall require the Policy Advisory 
Council— 
‘‘(A) to conduct their meetings in a manner 
that is open to the public; 
‘‘(B) to make a complete and comprehensive 
record of such proceedings publicly available; 
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‘‘(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 devel-
opment or proposal of any major changes or new 
rules relating to telecommunications relay serv-
ices; 
‘‘(2) MEMBERSHIP.—As soon as practicable after 
the date of enactment of the Twenty-First Century 
Communications and Video Accessibility Act of 2010, 
the Chairman of the Commission shall appoint the 
members of the Policy Advisory Council, ensuring a 
balance between potential consumers and other stake-
holders. Members of the Policy Advisory Council shall 
be selected from each of the following groups: 
‘‘(A) Individuals who are consumers of tele-
communications relay services. 
‘‘(B) Representatives of State commissions 
with jurisdiction over intrastate telecommuni-
cations relay services. 
‘‘(C) Representatives of providers of tele-
communications relay services. 
‘‘(3) COLLECTION AND DISSEMINATION OF INFOR-
MATION AND ADVICE.—The Commission— 
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‘‘(A) shall seek the advice of the Policy Ad-
visory Council in assisting the Commission in 
developing or proposing any major changes or 
issuing any new rules relating to telecommuni-
cations relay services; and 
‘‘(B) shall, with the advice of the Policy Ad-
visory Council, make all regulations, rules, and 
orders relating to telecommunications relay serv-
ices fully and easily accessible to consumers of 
such services.’’. 
(d) FOLLOWUP PROCEEDING.—Section 225 of the 
Communications Act of 1934 (47 U.S.C. 225), as amended 
by subsection (c), is further amended by adding after sub-
section (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 Cen-
tury Communications and Video Accessibility Act of 
2010, the Commission, in consultation with all rel-
evant Federal agencies, shall submit to the Committee 
on Commerce, Science, and Transportation of the 
Senate and the Committee on Energy and Commerce 
of the House of Representatives a report— 
‘‘(A) concerning how the Commission is en-
suring that telecommunications relay service cus-
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tomers have access to improved technologies, 
interoperability, and functionalities; and 
‘‘(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 services 
equipment in public places and government offices.’’. 
SEC. 104. ACCESS TO INTERNET-BASED SERVICES AND 
EQUIPMENT. 
(a) TITLE VII AMENDMENT.—Title VII of the Commu-
nications 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 manufac-
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turer of equipment used for advanced communica-
tions, including end user equipment, network equip-
ment, 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 disabilities, 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, soft-
ware, hardware, or customer premises equip-
ment; or 
‘‘(B) if such manufacturer chooses, using 
third party applications, peripheral devices, soft-
ware, hardware, or customer premises equipment 
that is available to the consumer at nominal cost 
and that individuals with disabilities can access. 
‘‘(b) ACCESS TO SERVICES.— 
‘‘(1) RIGHT TO ACCESSIBLE SERVICES.—With re-
spect to advanced communications services offered 
after the effective date of the regulations established 
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of equipment used to provide or access advanced com-
munications services, or for any class of such equip-
ment, that— 
‘‘(A) is capable of accessing an advanced 
communications service; and 
‘‘(B) is designed for multiple purposes, but 
is designed primarily for purposes other than 
using advanced communications services. 
‘‘(2) SMALL ENTITY EXEMPTION.—The Commis-
sion may exempt small entities from the requirements 
of this section. 
‘‘(i) CUSTOMIZED EQUIPMENT
OR SERVICES.—The 
provisions of this section shall not apply to customized 
equipment or services that are not offered directly to the 
public, or to such classes of users as to be effectively avail-
able directly to the public, regardless of the facilities used. 
‘‘(j) RULE OF CONSTRUCTION.—This section shall not 
be construed to require a manufacturer of equipment used 
for advanced communications or a provider of advanced 
communications services to make every feature and function 
of every device or service accessible for every disability. 
‘‘SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGA-
TIONS. 
‘‘(a) COMPLAINT AND ENFORCEMENT PROCEDURES.— 
Within one year after the date of enactment of the Twenty- 
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First Century Communications and Video Accessibility Act 
of 2010, the Commission shall establish regulations that fa-
cilitate the filing of formal and informal complaints that 
allege a violation of section 255 or 716, establish procedures 
for enforcement actions by the Commission with respect to 
such violations, and implement the recordkeeping obliga-
tions 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 alleg-
ing a violation of section 255 or 716. 
‘‘(2) RECEIPT OF COMPLAINTS.—The Commis-
sion shall establish separate and identifiable elec-
tronic, telephonic, and physical receptacles for the re-
ceipt of complaints filed under section 255 or 716. 
‘‘(3) COMPLAINTS TO THE COMMISSION.— 
‘‘(A) IN GENERAL.—Any person alleging a 
violation of section 255 or 716 by a manufac-
turer of equipment or provider of service subject 
to such sections may file a formal or informal 
complaint with the Commission. 
‘‘(B) INVESTIGATION
OF
INFORMAL
COM-
PLAINT.—The Commission shall investigate the 
allegations in an informal complaint and, with-
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in 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 viola-
tion 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 subsequent 
order, require the manufacturer or service 
provider to take such action as is necessary 
to comply with the requirements of this sec-
tion. 
‘‘(ii) NO VIOLATION.—If a determina-
tion is made that a violation has not oc-
curred, the Commission shall provide the 
basis for such determination. 
‘‘(C) CONSOLIDATION OF COMPLAINTS.—The 
Commission may consolidate for investigation 
and resolution complaints alleging substantially 
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 
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complaint shall have a reasonable opportunity to re-
spond to such complaint, and may include in such re-
sponse any factors that are relevant to such deter-
mination. 
‘‘(5) RECORDKEEPING.— 
‘‘(A) IN
GENERAL.—Beginning one year 
after the effective date of regulations promulgated 
pursuant to section 716(e), each manufacturer 
and provider subject to sections 255 and 716 
shall maintain, in the ordinary course of busi-
ness and for a reasonable period, records of any 
efforts taken by such manufacturer or provider to 
implement sections 255 and 716, including the 
following: 
‘‘(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. 
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‘‘(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 maintained by 
such manufacturer or provider pursuant to sub-
paragraph (A) of this paragraph that are di-
rectly relevant to the equipment or service that 
is the subject of such complaint. 
‘‘(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 paragraph 
(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 re-
sponsibility. 
‘‘(7) COMMISSION
JURISDICTION.—The limita-
tions of section 255(f) shall apply to any claim that 
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alleges a violation of section 255 or 716. Nothing in 
this paragraph affects or limits any action for man-
damus under paragraph (6) or any appeal pursuant 
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 resolving 
a formal or informal complaint prior to the Commis-
sion’s final determination in a complaint proceeding. 
In the event of such a resolution, the parties shall 
jointly request dismissal of the complaint and the 
Commission shall grant such request. 
‘‘(b) REPORTS TO CONGRESS.— 
‘‘(1) IN GENERAL.—Every two years after the 
date of enactment of the Twenty-First Century Com-
munications and Video Accessibility Act of 2010, the 
Commission shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the House 
of Representatives a report that includes the fol-
lowing: 
‘‘(A) An assessment of the level of compli-
ance with sections 255 and 716. 
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‘‘(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, status, 
nature, and outcome of any appeals filed pursu-
ant 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. 
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Comptroller General shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the 
House of Representatives a report on the results of the 
study required by paragraph (1), with recommenda-
tions for how the enforcement 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 Communica-
tions and Video Accessibility Act of 2010, the Commission 
shall, in consultation with the Architectural and Transpor-
tation Barriers Compliance Board, the National Tele-
communications and Information Administration, trade 
associations, and organizations representing individuals 
with disabilities, establish a clearinghouse of information 
on the availability of accessible products and services and 
accessibility solutions required under sections 255 and 716. 
Such information shall be made publicly available on the 
Commission’s website and by other means, and shall in-
clude an annually updated list of products 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-
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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 and 716. 
‘‘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 de-
fined in section 710(b)(4)(B)) includes an Internet browser 
in such telephone, or if a provider of mobile service arranges 
for the inclusion of a browser in telephones to sell to cus-
tomers, the manufacturer or provider shall ensure that the 
functions of the included browser (including the ability to 
launch the browser) are accessible to and usable by individ-
uals who are blind or have a visual impairment, unless 
doing so is not achievable, except that this subsection shall 
not impose any requirement on such manufacturer or pro-
vider— 
‘‘(1) to make accessible or usable any Internet 
browser other than a browser that such manufacturer 
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 indi-
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viduals with disabilities to use an included browser to 
access such content, applications or services). 
‘‘(b) INDUSTRY FLEXIBILITY.—A manufacturer or pro-
vider 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 accessible to 
and usable by individuals with disabilities without 
the use of third party applications, peripheral de-
vices, software, hardware, or customer premises equip-
ment; or 
‘‘(2) using third party applications, peripheral 
devices, software, hardware, or customer premises 
equipment that is available to the consumer at nomi-
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 subsection 
(a), shall take effect 3 years after the date of enactment 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 sub-
paragraph (E) the following: 
‘‘(F) Subject to paragraph (5) of this section, if the 
violator is a manufacturer or service provider subject to the 
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requirements of section 255 or 716, and is determined by 
the Commission to have violated any such requirement, 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 continuing viola-
tion shall not exceed a total of $1,000,000 for any single 
act or failure to act.’’. 
(d) REVIEW OF COMMISSION DETERMINATIONS.—Sec-
tion 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).’’. 
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 (re-
ferred 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 Commis-
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sion shall appoint the members of the Advisory Committee, 
ensuring a balance between individuals with disabilities 
and other stakeholders, and shall designate two such mem-
bers as the co-chairs of the Committee. Members of the Advi-
sory Committee shall be selected from the following groups: 
(1) STATE AND LOCAL GOVERNMENT AND EMER-
GENCY RESPONDER REPRESENTATIVES.—Representa-
tives of State and local governments and representa-
tives of emergency response providers, selected from 
among individuals nominated by national organiza-
tions representing such governments and representa-
tives. 
(2) SUBJECT
MATTER
EXPERTS.—Individuals 
who have the technical knowledge and expertise to 
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 manufacturers 
of systems, facilities, equipment, and capabilities 
for the provision of interconnected and non- 
interconnected VoIP services; 
(C) national organizations representing in-
dividuals with disabilities and senior citizens; 
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(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 af-
fected parties as the Chairman of the Commission de-
termines appropriate. 
(c) DEVELOPMENT OF RECOMMENDATIONS.—Within 
one year after the completion of the member appointment 
process by the Chairman of the Commission pursuant to 
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 pro-
tocol-enabled network to achieve reliable, interoperable 
communication transmitted over such network that 
will ensure access to emergency services by individ-
uals with disabilities; 
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(2) for protocols, technical capabilities, and tech-
nical requirements to ensure reliability and interoper-
ability necessary to ensure access to emergency serv-
ices 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 require-
ments for communication devices and equipment and 
technologies to enable the use of reliable emergency ac-
cess; 
(5) for procedures to be followed by IP-enabled 
network providers to ensure that such providers do 
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 extent 
that this technology is replaced with more effective 
and efficient technologies and methods to enable access 
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to emergency services by individuals with disabilities; 
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 section 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 providing such relay 
services are adopted by providers of such relay serv-
ices. 
(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-
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 noticed 
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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 necessary. 
(3) ADDITIONAL PROCEDURAL RULES.—The Ad-
visory Committee may adopt other procedural rules 
as needed. 
(f) FEDERAL ADVISORY COMMITTEE ACT.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Advisory Committee. 
(g) IMPLEMENTING RECOMMENDATIONS.—The Com-
mission shall have the authority to promulgate regulations 
to implement the recommendations proposed by the Advi-
sory Committee, as well as any other regulations as are nec-
essary to achieve reliable, interoperable communication that 
ensures access by individuals with disabilities to an Inter-
net protocol-enabled emergency network. 
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(h) SURVEY.—Not later than 30 months after the date 
of enactment of this Act, the Commission shall conduct and 
publish the results of a national survey of individuals with 
disabilities concerning real time text, geolocation services, 
instant messaging services, and mobile telecommunications 
relay services. The survey shall seek to determine what indi-
viduals with disabilities believe to be the most effective and 
efficient technologies and methods by which to enable access 
to emergency services by individuals with disabilities. 
(i) DEFINITIONS.—In this section— 
(1) the term ‘‘Commission’’ means the Federal 
Communications Commission; 
(2) the term ‘‘Chairman’’ means the Chairman 
of the Federal Communications Commission; and 
(3) except as otherwise expressly provided, other 
terms have the meanings given such terms in section 
3 of the Communications Act of 1934 (47 U.S.C. 
153). 
SEC. 106. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS. 
Title VII of the Communications Act of 1934 (47 
U.S.C. 601 et seq.), as amended by sections 103 and 104, 
is further amended by adding at the end the following: 
‘‘SEC. 719. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS. 
‘‘(a) IN GENERAL.—Within 6 months after the date 
of enactment of the Twenty-First Century Communications 
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and Video Accessibility Act of 2010, the Commission shall 
establish rules that define as eligible for relay service sup-
port those programs that are approved by the Commission 
for the distribution of specialized customer premises equip-
ment designed to make telecommunications service, Internet 
access service, and advanced communications, including 
interexchange services and advanced telecommunications 
and information services, accessible by low-income individ-
uals who are deaf-blind. 
‘‘(b) INDIVIDUALS WHO ARE DEAF-BLIND DEFINED.— 
For purposes of this section, the term ‘individuals who are 
deaf-blind’ has the meaning given such term in section 206 
of the Helen Keller National Center Act (29 U.S.C. 1905). 
‘‘(c) ANNUAL AMOUNT.—The total amount of support 
the Commission may provide from its Telecommunications 
Relay Services Fund for any fiscal year may not exceed 
$10,000,000.’’. 
TITLE II—VIDEO PROGRAMMING 
SEC. 201. VIDEO PROGRAMMING AND EMERGENCY ACCESS 
ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of enactment of this Act, the Chairman shall estab-
lish an advisory committee to be known as the Video Pro-
gramming and Emergency Access Advisory Committee. 
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(b) MEMBERSHIP.—As soon as practicable after the 
date of enactment of this Act, the Chairman shall appoint 
individuals who have the technical knowledge and engineer-
ing expertise to serve on the Advisory Committee in the ful-
fillment of its duties, including the following: 
(1) Representatives of distributors and providers 
of video programming or national organizations rep-
resenting such distributors and providers. 
(2) Representatives of vendors, developers, and 
manufacturers of systems, facilities, equipment, and 
capabilities for the provision of video programming 
delivered using Internet protocol or a national orga-
nization representing such vendors, developers, or 
manufacturers. 
(3) Representatives of manufacturers of con-
sumer electronics or information technology equip-
ment or a national organization representing such 
manufacturers. 
(4) Representatives of national organizations 
representing accessibility advocates, including indi-
viduals with disabilities and the elderly. 
(5) Representatives of the broadcast television in-
dustry or a national organization representing such 
industry. 
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(6) Other individuals with technical and engi-
neering expertise, as the Chairman determines appro-
priate. 
(c) COMMISSION OVERSIGHT.—The Chairman shall 
appoint a member of the Commission’s staff to moderate 
and direct the work of the Advisory Committee. 
(d) TECHNICAL STAFF.—The Commission shall ap-
point a member of the Commission’s technical staff to pro-
vide technical assistance to the Advisory Committee. 
(e) DEVELOPMENT OF RECOMMENDATIONS.— 
(1) CLOSED
CAPTIONING
REPORT.—Within 6 
months after the date of the first meeting of the Advi-
sory Committee, the Advisory Committee shall develop 
and submit to the Commission a report that includes 
the following: 
(A) An identification of the performance ob-
jectives for protocols, technical capabilities, and 
technical procedures needed to permit content 
providers, content distributors, Internet service 
providers, software developers, and device manu-
facturers to reliably encode, transport, receive, 
and render closed captions of video programming 
delivered using Internet protocol. 
(B) An identification of additional proto-
cols, technical capabilities, and technical proce-
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dures beyond those available as of the date of en-
actment of this Act for the delivery of closed cap-
tions of video programming delivered using 
Internet protocol that are necessary to meet the 
performance objectives identified under subpara-
graph (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 receiving 
and displaying such programming in order to 
facilitate access to closed captions. 
(2) VIDEO DESCRIPTION, EMERGENCY INFORMA-
TION, USER INTERFACES, AND VIDEO PROGRAMMING 
GUIDES AND MENUS.—Within 18 months after the 
date of enactment of this Act, the Advisory Committee 
shall develop and submit to the Commission a report 
that includes the following: 
(A) An identification of the performance ob-
jectives for protocols, technical capabilities, and 
technical procedures needed to permit content 
providers, content distributors, Internet service 
providers, software developers, and device manu-
facturers to reliably encode, transport, receive, 
and render video descriptions of video program-
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ming 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 en-
actment of this Act for the delivery of video de-
scriptions of video programming and emergency 
information delivered using Internet protocol 
that are necessary to meet the performance objec-
tives 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 receiving 
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 appa-
ratus 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 
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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 subpara-
graph (D) to be accompanied by audio output so 
that such menus or indicators are accessible to 
and usable by individuals with disabilities. 
(F) A recommendation for the standards, 
protocols, and procedures used to enable the selec-
tion 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, PROTOCOLS, 
AND PROCEDURES BY STANDARD-SETTING ORGANIZA-
TIONS.—The recommendations of the Advisory Com-
mittee shall, to the extent possible, incorporate the 
standards, protocols, and procedures that have been 
adopted by appropriate industry standard-setting or-
ganizations for the report requirements described in 
paragraphs (1) and (2). 
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(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. 
(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 Advisory 
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 Ad-
visory Committee may adopt other procedural rules 
as needed. 
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(h) FEDERAL ADVISORY COMMITTEE ACT.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Advisory Committee. 
(i) ADOPTION OF STANDARDS, PROTOCOLS, PROCE-
DURES, AND OTHER TECHNICAL REQUIREMENTS.—Not 
later than 12 months after the date on which the Advisory 
Committee transmits its report under subsection (e)(2) to 
the Commission, the Commission shall take all actions nec-
essary to adopt relevant technical standards, protocols, pro-
cedures, and other technical requirements to ensure compat-
ibility between video programming delivered using Internet 
protocol or digital broadcast television and devices capable 
of receiving and displaying such programming in order to 
facilitate access to emergency information. 
SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING. 
(a) VIDEO DESCRIPTION.—Section 713 of the Commu-
nications Act of 1934 (47 U.S.C. 613) is amended— 
(1) by striking subsections (f) and (g); 
(2) by redesignating subsection (h) as subsection 
(j); and 
(3) by inserting after subsection (e) the following: 
‘‘(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 
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Accessibility Act of 2010, the Commission shall, after 
a rulemaking, reinstate its video description regula-
tions contained in the Implementation of Video De-
scription 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 prime time 
programming that is not exempt under this 
paragraph, and the designation of the beginning 
calendar quarter for which compliance 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 
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showing that the requirements contained in this 
section would be economically burdensome. 
‘‘(D) The Commission may exempt from the 
regulations established pursuant to paragraph 
(1) a service, class of services, program, class of 
programs, equipment, or class of equipment for 
which the Commission has determined that the 
application of such regulations would be eco-
nomically 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-
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 there-
after on the findings for each of the following: 
‘‘(A) VIDEO
DESCRIPTION
IN
TELEVISION 
PROGRAMMING.—The availability, use, and bene-
fits of video description on video programming 
distributed on television, the technical and cre-
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ative issues associated with providing such video 
description, and the financial costs of providing 
such video description for providers of video pro-
gramming 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 descriptions 
for video programming, insofar as such pro-
gramming 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 programming, 
insofar as such programming is transmitted for 
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display on television, up to 75 percent of the re-
quirement in the regulations reinstated under 
paragraph (1). 
‘‘(B) FURTHER REQUIREMENTS.— 
‘‘(i) REPORT.—Nine years after the 
date of enactment of the Twenty-First Cen-
tury Communications and Video Accessi-
bility 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; 
‘‘(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 program-
ming currently available; and 
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‘‘(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 Com-
mission 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 MARKET 
AREAS.— 
‘‘(i) IN GENERAL.—After the Commis-
sion completes the study on video descrip-
tion, the Commission shall phase in the 
video description regulations for all des-
ignated market areas, except that the Com-
mission 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 Cen-
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tury Communications and Video Accessi-
bility 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 Com-
mission shall complete a proceeding to— 
‘‘(1) identify methods to convey emergency infor-
mation (as that term is defined in section 79.2 of title 
47, Code of Federal Regulations) in a manner acces-
sible to individuals who are blind or have a visual 
impairment; and 
‘‘(2) promulgate regulations that require video 
programming providers and video programming dis-
tributors (as those terms are defined in section 79.1 
of title 47, Code of Federal Regulations) and program 
owners to convey such emergency information in a 
manner accessible to individuals who are blind or 
have a visual impairment. 
‘‘(h) RESPONSIBILITIES.— 
‘‘(1) VIDEO
PROGRAMMING
OWNER.—A video 
programming owner shall ensure that any closed cap-
tioning and video description required pursuant to 
this section is provided in accordance with the tech-
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nical standards, protocols, and procedures established 
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 dia-
logue. 
‘‘(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.— 
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‘‘(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 exhib-
ited on television. 
‘‘(2) DEADLINES FOR PROGRAMMING DELIVERED 
USING INTERNET PROTOCOL.— 
‘‘(A) REGULATIONS ON CLOSED CAPTIONING 
ON
VIDEO
PROGRAMMING
DELIVERED
USING 
INTERNET PROTOCOL.—Not later than 6 months 
after the submission of the report to the Commis-
sion required by section 201(e)(1) of the Twenty- 
First Century Communications and Video Acces-
sibility Act of 2010, the Commission shall pro-
mulgate regulations to require the provision of 
closed captioning on video programming deliv-
ered using Internet protocol. 
‘‘(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. 
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‘‘(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 REGULATIONS.— 
‘‘(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-
gram, equipment, or class of equipment 
for which the Commission has deter-
mined that the application of such reg-
ulations would be economically burden-
some 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-
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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 sec-
tion. 
‘‘(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 section 
are met, as determined by the Commis-
sion.’’. 
(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 pro-
gram owner may petition the Commission for an ex-
emption from the requirements of this section; 
‘‘(B) the Commission may grant such peti-
tion upon a showing that the requirements con-
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tained in this section would be economically bur-
densome; 
‘‘(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 eco-
nomically burdensome.’’. 
(d) REPORTING REQUIREMENT.—Two years after the 
effective date of the regulations issued pursuant to this sec-
tion, and biennially thereafter, each broadcast television 
network and each cable television network shall submit to 
the Commission a report containing the number of hours, 
in the applicable 2-year period, of video programming not 
published or exhibited on television after the date of enact-
ment 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 
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the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate— 
(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 cap-
tioned, the types of entities producing such pro-
gramming, and the effects a closed captioning re-
quirement may have on the producers of such 
programming; 
(B) assessing the benefits to and use by con-
sumers of closed captioning of video program-
ming 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 deter-
mines appropriate. 
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