I 
111TH CONGRESS 
1ST SESSION H. R. 3101 
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 
A BILL 
To ensure that individuals with disabilities have access to 
emerging Internet Protocol-based communication and 
video programming technologies in the 21st century. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Twenty-first Century Communications and Video Acces-
sibility Act of 2009’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
TITLE I—COMMUNICATIONS ACCESS 
Sec. 101. Definitions. 
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Sec. 102. Hearing aid compatibility. 
Sec. 103. Relay services. 
Sec. 104. Access to Internet-based services and equipment. 
Sec. 105. Universal service. 
Sec. 106. Emergency access and real-time text support. 
Sec. 107. Internet access service interface. 
TITLE II—VIDEO PROGRAMMING 
Sec. 201. Commission inquiry on closed captioning decoder and video descrip-
tion capability, user interfaces, and video programming guides 
and menus. 
Sec. 202. Closed captioning decoder and video description capability. 
Sec. 203. Video description and closed captioning. 
Sec. 204. User interfaces regulations. 
Sec. 205. Access to video programming guides and menus. 
TITLE I—COMMUNICATIONS 
ACCESS 
SEC. 101. DEFINITIONS. 
Section 3 of the Communications Act of 1934 (47 
U.S.C. 153) is amended— 
(1) by adding at the end the following new 
paragraphs: 
‘‘(53) DISABILITY.—The term ‘disability’ has 
the meaning given such term under section 3(2)(A) 
of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12102(2)(A)), as such section may be 
amended from time to time. 
‘‘(54) INTERCONNECTED
VOIP
SERVICE.—The 
term ‘interconnected VoIP service’ has the meaning 
given such term by section 9.3 of the Commission’s 
rules (47 C.F.R. 9.3). 
‘‘(55) ADVANCED COMMUNICATIONS.—The term 
‘advanced communications’ means— 
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‘‘(A) interconnected VoIP service; 
‘‘(B) non-interconnected VoIP service; 
‘‘(C) electronic messaging; and 
‘‘(D) video conferencing. 
‘‘(56) 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 pro-
tocol or any successor protocol; and 
‘‘(ii) requires Internet protocol com-
patible customer premises equipment; and 
‘‘(B) does not include any service that is 
an interconnected VoIP service. 
‘‘(57) ELECTRONIC
MESSAGING.—The term 
‘electronic messaging’ means a service that provides 
non-voice messages in text form between persons 
over communications networks. 
‘‘(58) INTERNET
ACCESS
EQUIPMENT.—The 
term ‘Internet access equipment’ means equipment 
that is used to combine computer processing, infor-
mation provision and computer interactivity with 
data transport, enabling users to run a variety of 
applications, including e-mail. 
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‘‘(59) INTERNET ACCESS SERVICE.—The term 
‘Internet access service’ means a service that com-
bines computer processing, information provision, 
and computer interactivity with data transport, ena-
bling end users to access the Internet and use a va-
riety of applications, including e-mail. 
‘‘(60) VIDEO CONFERENCING.—The term ‘video 
conferencing’ means a service that provides real-time 
video communications, including audio, to enable 
users to share information of the user’s choosing. 
‘‘(61) CONSUMER
GENERATED
MEDIA.—The 
term ‘consumer generated media’ means posts or 
content made by consumers to online sites and 
venues on the Internet, including video, audio, and 
multimedia content created by such consumers.’’; 
and 
(2) by reordering paragraphs (1) through (52) 
and the paragraphs added by paragraph (1) of this 
section in alphabetical order based on the headings 
of such paragraphs, and renumbering such para-
graphs as so reordered. 
SEC. 102. HEARING AID COMPATIBILITY. 
(a) 
COMPATIBILITY
REQUIREMENTS.—Section 
710(b)(1) of the Communications Act of 1934 (47 U.S.C. 
610(b)(1)) is amended— 
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(1) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(2) by inserting ‘‘and’’ after the comma at the 
end of subparagraph (B); and 
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) to the extent technologically feasible, 
all customer premises equipment used to pro-
vide advanced communications that provides 
voice communication via a built-in speaker 
(typically held to the ear) and that are manu-
factured in the United States (other than for 
export) more than one year after the date of en-
actment of the Twenty-first Century Commu-
nications and Video Accessibility Act of 2009, 
or are shipped in interstate commerce in the 
United States more than one year after such 
date,’’. 
(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 a relevant technical standard developed through a 
public participation process will be deemed compatible 
with this section if such standard has been reviewed and 
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approved by national organizations representing con-
sumers who will be using such telephone or equipment, 
until such times as the Commission may deem otherwise. 
The Commission shall consult with the public, including 
people with hearing loss, in establishing or approving such 
technical standards. The Commission may delegate this 
authority to an employee pursuant to section 5(c). The 
Commission shall designate the national consumer organi-
zations for purposes of this section and shall remain the 
final arbiter as to whether the standard meets the require-
ments of this section.’’ 
SEC. 103. RELAY SERVICES. 
(a) DEFINITION.—Paragraph (3) of section 225(a) of 
the Communications Act of 1934 (47 U.S.C. 225(a)(3)) 
is amended to read as follows: 
‘‘(3) 
TELECOMMUNICATIONS
RELAY
SERV-
ICES.—The term ‘telecommunications relay services’ 
means telephone transmission that provides 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.’’. 
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(b) INTERNET
PROTOCOL-BASED
RELAY
SERV-
ICES.—Title VII of such Act 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 2009, each interconnected VoIP service pro-
vider and each provider of non-interconnected VoIP serv-
ice shall participate in and contribute to the Telecommuni-
cations Relay Services Fund established in section 
64.404(c)(5)(iii) of the Commission’s regulations (47 
C.F.R. 64.404(c)(5)(iii)), as in effect on the date of enact-
ment of such Act, in a manner prescribed by the Commis-
sion by regulation to provide for obligations of such pro-
viders that are consistent with and comparable to the obli-
gations of other contributors to such Fund.’’. 
SEC. 104. ACCESS TO INTERNET-BASED SERVICES AND 
EQUIPMENT. 
(a) TITLE VII AMENDMENT.—Title VII of the Com-
munications Act of 1934 (47 U.S.C. 601 et seq.) is 
amended by inserting after section 715 (as added by sec-
tion 103 of this Act) the following new sections: 
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‘‘SEC. 716. ACCESS TO INTERNET-BASED SERVICES AND 
EQUIPMENT. 
‘‘(a) MANUFACTURING.—With respect to equipment 
manufactured after the effective date of the regulations 
established pursuant to subsection (e), and subject to 
those regulations, a manufacturer of equipment used for 
advanced communications, including end user equipment, 
network equipment, and software, shall ensure that the 
equipment and software that such manufacturer designs, 
develops, and fabricates shall be accessible to and usable 
by individuals with disabilities, unless the requirement of 
this subsection would result in an undue burden. 
‘‘(b) SERVICE PROVIDERS.—With respect to services 
provided after the effective date of the regulations estab-
lished pursuant to subsection (e), and subject to those reg-
ulations, a provider of advanced communications shall en-
sure that services offered by such provider are accessible 
to and usable by individuals with disabilities, unless the 
requirement of this subsection would result in an undue 
burden. 
‘‘(c) COMPATIBILITY.—Whenever the requirements of 
subsections (a) and (b) constitute an undue burden, a 
manufacturer or provider shall ensure that its equipment 
or service is compatible with existing peripheral devices 
or specialized customer premises equipment commonly 
used by individuals with disabilities to achieve access, un-
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less the requirement of this subsection would result in an 
undue burden. 
‘‘(d) NETWORK FEATURES, FUNCTIONS, AND CAPA-
BILITIES.—Each provider of advanced communications 
has the duty not to install network features, functions, or 
capabilities that do not comply with the regulations estab-
lished pursuant to this section. 
‘‘(e) REGULATIONS.—Within one year after the date 
of enactment of the Twenty-first Century Communications 
and Video Accessibility Act of 2009, the Commission shall 
prescribe such regulations as are necessary to implement 
this section. In prescribing the regulations, the Commis-
sion shall— 
‘‘(1) include standards to ensure the accessi-
bility, usability, and compatibility of advanced com-
munications and the equipment used for advanced 
communications by individuals with disabilities; and 
‘‘(2) provide that advanced communications, the 
equipment used for advanced communications, and 
advanced communications service networks used to 
provide such advanced communications may not im-
pair or impede the accessibility of information con-
tent when accessibility has been incorporated into 
that content for transmission through advanced 
communications, equipment used for advanced com-
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munications, or advanced communications service 
networks. 
‘‘(f) SERVICES AND EQUIPMENT SUBJECT TO SEC-
TION 255.—The requirements of this section shall not 
apply to any equipment or services, including inter-
connected VoIP service, that are subject to the require-
ments of section 255 on the date of enactment of the 
Twenty-first Century Communications and Video Accessi-
bility Act of 2009. Such services and equipment shall re-
main subject to the requirements of section 255. 
‘‘(g) DEFINITION.—For purposes of the Twenty-first 
Century Communications and Video Accessibility Act of 
2009, the term ‘undue burden’ means significant difficulty 
or expense. In determining whether the requirements of 
any provision of this section would result in an undue bur-
den, the factors to be considered include— 
‘‘(1) the nature and cost of the steps required 
to develop and manufacture the product in question; 
‘‘(2) the impact on the operation of the manu-
facturer or provider; 
‘‘(3) the financial resources of the manufacturer 
or provider; and 
‘‘(4) the type of operations of the manufacturer 
or provider. 
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‘‘SEC. 717. ENFORCEMENT AND REPORTING OBLIGATIONS. 
‘‘(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 2009, the Commission shall establish reg-
ulations that facilitate the filing of complaints that allege 
a violation of section 255, 716, 718, or 719, establish for-
mal and informal procedures for enforcement actions by 
the Commission with respect to such violations, and imple-
ment the reporting obligations of paragraph (6) for manu-
facturers and providers subject to such sections. Such reg-
ulations 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, 718, or 719. 
‘‘(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, 
718, or 719. 
‘‘(3) COMPLAINTS TO THE COMMISSION.—Any 
person alleging a violation of section 255, 716, 718, 
or 719 by a manufacturer of equipment or provider 
of service subject to such sections may file a com-
plaint with the Commission. The Commission shall 
investigate the allegations in such complaint and 
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issue a final order concluding the investigation with-
in 180 days of the date on which such complaint was 
filed with the Commission, unless such complaint is 
resolved before such time. The Commission may con-
solidate for investigation and resolution complaints 
alleging substantially the same violation by the same 
manufacturer or provider. Such final order shall in-
clude a determination as to whether any violation 
has occurred and, if the Commission determines that 
a violation has occurred, address the manner in 
which the manufacturer or service provider will 
achieve accessibility, compatibility, or usability re-
quired by section 255, 716, 718, or 719. If a deter-
mination is made that a violation has not occurred, 
the Commission shall provide the basis for such de-
termination, including the basis for determining that 
an accessibility feature requested is not readily 
achievable under section 255 or will create an undue 
burden under section 716, 718, or 719. 
‘‘(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 the opportunity to respond to 
such complaint, and may include in such response 
any factors that it deems relevant to such deter-
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