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 naviga-
tion devices. 
Sec. 206. Definitions. 
TITLE III—PAYGO COMPLIANCE 
Sec. 301. PAYGO Compliance. 
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, appli-
cations, services, advanced communications services, or 
equipment used to provide or access advanced communica-
tions services to the extent such person—
(1) transmits, routes, or stores in intermediate 
or transient storage the communications made avail-
able through the provision of advanced communica-
tions 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 pro-
gramming, online content, applications, services, ad-
vanced communications services, or equipment used 
to provide or access advanced communications serv-
ices. 
(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, 
software, hardware, or equipment to comply with the re-
quirements of this Act (or of the provisions of the Commu-
nications 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.
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) 
ADVANCED
COMMUNICATIONS
SERV-
ICES.—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) DISABILITY.—The term ‘disability’ has 
the meaning given such term under section 3 of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12102). 
‘‘(55) ELECTRONIC MESSAGING SERVICE.—The 
term ‘electronic messaging service’ means a service 
that provides non-voice messages in text form be-
tween individuals over communications networks. 
‘‘(56) 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. 
‘‘(57) 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. 
‘‘(58) VIDEO
CONFERENCING
SERVICE.—The 
term ‘video conferencing service’ means a service 
that provides real-time video communications, in-
cluding 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 
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.—
(1) TELEPHONE
SERVICE
FOR
THE
DIS-
ABLED.—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 
provide internal means for effective use with hearing aids 
that are designed to be compatible with telephones which 
meet established technical standards for hearing aid com-
patibility. 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 
Compatibility 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 de-
signed to provide 2-way voice communications via a 
built-in speaker intended to be held to the ear in a 
manner functionally equivalent to a telephone, sub-
ject to the regulations prescribed by the Commission 
under subsection (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 
subsection after the date of en-
actment of the Hearing Aid Com-
patibility 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); 
(ii) by striking subparagraph (B) and 
redesignating subparagraph (C) as sub-
paragraph (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’’; 
(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 relevant technical standards developed through a 
public participation process and in consultation with inter-
ested consumer stakeholders (designated by the Commis-
sion for the purposes of this section) will be considered 
hearing aid compatible 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 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 remain the final arbiter as to whether 
the standards meet the requirements of this section.’’. 
(c) RULEMAKING.—Section 710(e) of the Commu-
nications 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 
timetables or benchmarks to the extent necessary (1) 
due to technical feasibility, or (2) to ensure the mar-
ketability 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 
amended to read as follows: 
‘‘(h) RULE
OF CONSTRUCTION.—Nothing in the 
Twenty-First Century Communications and Video Accessi-
bility Act of 2010 shall be construed to modify the Com-
mission’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.’’.
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 services that provide 
the ability 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 
equivalent 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
SERV-
ICES.—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 serv-
ice 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 
manner prescribed by the Commission by regulation to 
provide for obligations of such providers that are con-
sistent 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 POL-
ICY ADVISORY COUNCIL.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after the date of enactment of the Twenty-First 
Century Communications and Video Accessibility 
Act of 2010, the Chairman of the Commission shall 
establish an advisory committee to be known as the 
Telecommunications Relay Services Policy Advisory 
Council (in this section referred to as the ‘Policy Ad-
visory Council’) and shall require the Policy Advi-
sory Council— 
‘‘(A) to conduct their meetings in a man-
ner that is open to the public; 
‘‘(B) to make a complete and comprehen-
sive record of such proceedings publicly avail-
able;
‘‘(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 de-
velopment or proposal of any major changes or 
new rules relating to telecommunications relay 
services. 
‘‘(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 stakeholders. Members of the Policy Advisory 
Council shall be selected from each of the following 
groups: 
‘‘(A) Individuals who are consumers of 
telecommunications 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 IN-
FORMATION AND ADVICE.—The Commission—
tation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a re-
port— 
‘‘(A) concerning how the Commission is 
ensuring that telecommunications relay service 
customers 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 serv-
ices equipment in public places and government of-
fices.’’. 
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.), 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 
manufacturer of equipment used for advanced com-
munications, including end user equipment, network 
equipment, 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 disabil-
ities, 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, software, hardware, or customer prem-
ises equipment; or 
‘‘(B) if such manufacturer chooses, using 
third party applications, peripheral devices, 
software, hardware, or customer premises
equipment that is available to the consumer at 
nominal cost and that individuals with disabil-
ities can access. 
‘‘(b) ACCESS TO SERVICES.— 
‘‘(1) RIGHT TO ACCESSIBLE SERVICES.—With 
respect to advanced communications services offered 
after the effective date of the regulations established 
pursuant to this section, and subject to those regula-
tions, a provider of services used for advanced com-
munications shall ensure that such services that 
such provider offers for sale or otherwise distributes 
in interstate commerce shall be accessible to and us-
able by individuals with disabilities, unless doing so 
is not achievable. 
‘‘(2) INDUSTRY
FLEXIBILITY.—A provider of 
services may satisfy the requirements of paragraph 
(1) with respect to such services by— 
‘‘(A) ensuring that the services that such 
provider offers are accessible to and usable by 
individuals with disabilities without the use of 
third party applications, peripheral devices, 
software, hardware, or customer premises 
equipment; or 
‘‘(B) if such provider chooses, using third 
party applications, peripheral devices, software,
hardware, or customer premises equipment that 
is available to the consumer at nominal cost 
and that individuals with disabilities can access. 
‘‘(c) COMPATIBILITY.—Whenever the requirements of 
subsection (a) are not achievable for a manufacturer, or 
the requirements of subsection (b) are not achievable for 
a provider, a manufacturer or provider shall ensure that 
its equipment or service is compatible with peripheral de-
vices or specialized customer premises equipment com-
monly used by individuals with disabilities to achieve ac-
cess, unless the requirement of this subsection is not 
achievable. 
‘‘(d) NETWORK FEATURES, FUNCTIONS, AND CAPA-
BILITIES.—Each provider of advanced communications 
services has the duty not to install network features, func-
tions, or capabilities that impede accessibility or usability 
of advanced communications services. 
‘‘(e) REGULATIONS.— 
‘‘(1) IN GENERAL.—Within one year after the 
date of enactment of the Twenty-First Century 
Communications and Video Accessibility Act of 
2010, the Commission shall promulgate such regula-
tions as are necessary to implement this section. In 
prescribing the regulations, the Commission shall—
‘‘(A) include performance objectives to en-
sure the accessibility, usability, and compat-
ibility of advanced communications services and 
the equipment used for advanced communica-
tions services by individuals with disabilities; 
‘‘(B) provide that advanced communica-
tions services, the equipment used for advanced 
communications services, and networks used to 
provide advanced communications services may 
not impair or impede the accessibility of infor-
mation content when accessibility has been in-
corporated into that content for transmission 
through advanced communications services, 
equipment used for advanced communications 
services, or networks used to provide advanced 
communications services; and 
‘‘(C) determine the obligations under this 
section of manufacturers, service providers, and 
providers of applications. 
‘‘(2) PROSPECTIVE GUIDELINES.—The Commis-
sion shall issue prospective guidelines for a manufac-
turer or provider regarding the requirements of this 
section. 
‘‘(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 day before the date of enact-
ment of the Twenty-First Century Communications and 
Video Accessibility Act of 2010. Such services and equip-
ment shall remain subject to the requirements of section 
255. 
‘‘(g) ACHIEVABLE DEFINED.—For purposes of this 
section and section 718, the term ‘achievable’ means with 
reasonable effort or expense, as determined by the Com-
mission. In determining whether the requirements of a 
provision are achievable, the Commission shall consider 
the following factors: 
‘‘(1) The nature and cost of the steps needed 
to meet the requirements of this section with respect 
to the specific equipment or service in question. 
‘‘(2) The impact on the operations of the manu-
facturer or provider and on the operation of the spe-
cific equipment or service in question, including on 
the development and deployment of new communica-
tions technologies. 
‘‘(3) The financial resources of the manufac-
turer or provider. 
‘‘(4) The type of operations of the manufac-
turer or provider.
‘‘(5) The extent to which the service provider or 
manufacturer in question offers accessible services 
or 
equipment 
containing 
varying 
degrees 
of 
functionality and features, and offered at differing 
price points. 
‘‘(h) COMMISSION FLEXIBILITY.— 
‘‘(1) WAIVER.—The Commission shall have the 
authority, on its own motion or in response to a pe-
tition by a manufacturer or provider, to waive the 
requirements of this section for any feature or func-
tion of equipment used to provide or access ad-
vanced communications services, or for any class of 
such equipment, 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 Com-
mission may exempt small entities from the require-
ments 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 ad-
vanced communications services to make every feature and 
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.— 
‘‘(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-
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: 
‘‘(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. 
‘‘(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.— 
‘‘(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.
‘‘(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 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).’’. 
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 
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 
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 
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-
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.