I 
110TH CONGRESS 
2D SESSION 
H. R. 6320 
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 19, 2008 
Mr. MARKEY (for himself, Mrs. WILSON of New Mexico, Mrs. CAPPS, Ms. 
SOLIS, and Mr. FRANK 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 2008’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; Table of contents. 
TITLE I—COMMUNICATIONS ACCESS 
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Sec. 101. Definitions. 
Sec. 102. Hearing aid compatibility. 
Sec. 103. Relay services. 
Sec. 104. Access to Internet-based services and equipment. 
‘‘Sec. 255A. Access to Internet-based services and equipment. 
‘‘Sec. 255B. Enforcement and reporting obligations. 
Sec. 105. Universal service. 
Sec. 106. Emergency access and real-time text support. 
‘‘Sec. 255C. Emergency access and real-time text support. 
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 CFR 9.3). 
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‘‘(55) IP-ENABLED
COMMUNICATION
SERV-
ICE.— 
‘‘(A) The term ‘IP-enabled communication 
service’ means a transmission service between 
or among points specified by the user, of infor-
mation of the user’s choosing, using the Inter-
net protocol (or a successor protocol) if such 
transmission is for the purpose of enabling bi-
lateral or multilateral voice, text, or video com-
munication, utilization of interactive voice re-
sponse or voice mail systems, or other similar 
communications-based applications, and uses— 
‘‘(i) an Internet connection from the 
user’s location; and 
‘‘(ii) customer premises equipment 
that is compatible with the Internet pro-
tocol (or a successor protocol). 
‘‘(B) Such term includes any service that 
is an interconnected VoIP service.’’; 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. 
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SEC. 102. HEARING AID COMPATIBILITY. 
(a) AMENDMENT.—Section 710(b)(1) of the Commu-
nications Act of 1934 (47 U.S.C. 610(b)(1)) is amended— 
(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) all customer premises equipment used to 
provide an IP-enabled communication service that 
provides voice communication via a built-in speaker 
(typically held to the ear) and that are manufac-
tured in the United States (other than for export) 
more than one year after the date of enactment of 
the Twenty-first Century Communications and Video 
Accessibility Act of 2008, or are shipped in inter-
state commerce in the United States more than one 
year after such date,’’. 
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-
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ity for an individual who is deaf or hard of hearing 
or who has a speech disability to engage in commu-
nication by wire or radio with one or more individ-
uals, 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 com-
munication services by wire or radio.’’. 
(b) 
INTERNET-BASED
TELECOMMUNICATIONS 
RELAY SERVICES.—Section 225 of such Act is further 
amended— 
(1) by inserting ‘‘BY COMMON CARRIERS’’ after 
‘‘PROVISION OF SERVICES’’ in the heading of sub-
section (c); 
(2) by redesignating subsections (e), (f), and 
(g) as subsections (f), (g), and (h), respectively; 
(3) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) 
INTERNET-BASED
TELECOMMUNICATIONS 
RELAY SERVICES.—Within one year after the date of en-
actment of the Twenty-first Century Communications and 
Video Accessibility Act of 2008, each interconnected VoIP 
service provider and each provider of voice communica-
tions using an IP-enabled communication service shall 
participate in and contribute to the Telecommunications 
Relay 
Services 
Fund 
established 
in 
section 
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64.404(c)(5)(iii) of the Commission’s regulations (47 CFR 
64.404(c)(5)(iii)), 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 consistent with and comparable to the obligations 
of other contributors to such Fund.’’; 
(4) in subsection (f)(1) (as redesignated by 
paragraph (2) of this subsection), by striking ‘‘sub-
sections (f) and (g)’’ and inserting ‘‘subsections (g) 
and (h)’’; 
(5) in subsections (h)(1) and (h)(2)(B) (as so 
redesignated), by striking ‘‘subsection (f)’’ each 
place it appears and inserting ‘‘subsection (g)’’. 
SEC. 104. ACCESS TO INTERNET-BASED SERVICES AND 
EQUIPMENT. 
(a) AMENDMENT.—Title II of the Communications 
Act of 1934 (47 U.S.C. 201 et seq.) is amended by insert-
ing after section 255 the following new sections: 
‘‘SEC. 255A. ACCESS TO INTERNET-BASED SERVICES AND 
EQUIPMENT. 
‘‘(a) MANUFACTURING.—A manufacturer of equip-
ment used for IP-enabled communication services, includ-
ing end user equipment, network equipment, and software, 
shall ensure that the equipment is designed, developed, 
and fabricated to be accessible to and usable by individuals 
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with disabilities, unless the requirement of this subsection 
would result in an undue burden. 
‘‘(b) SERVICE PROVIDERS.—A provider of IP-enabled 
communication service shall ensure that its service is ac-
cessible to and usable by individuals with disabilities, un-
less 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, such 
manufacturer or provider shall ensure that the equipment 
or service is compatible with existing peripheral devices 
or specialized customer premises equipment commonly 
used by individuals with disabilities to achieve access, un-
less the requirement of this subsection would result in an 
undue burden. 
‘‘(d) NETWORK FEATURES, FUNCTIONS, AND CAPA-
BILITIES.—Each provider of IP-enabled communication 
service has the duty not to install network features, func-
tions, or capabilities that do not comply with the regula-
tions established 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 2008, the Commission shall 
prescribe such regulations as are necessary to implement 
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this section. In prescribing the regulations, the Commis-
sion shall— 
‘‘(1) include standards to ensure the accessi-
bility, usability, and compatibility of IP-enabled 
communication services and the equipment used for 
such services by individuals with disabilities; and 
‘‘(2) provide that IP-enabled communication 
services, the equipment used for such services, and 
IP-enabled communication service networks may not 
impair or impede the accessibility of information 
content when accessibility has been incorporated into 
that content for transmission through IP-enabled 
communication services, equipment, or networks. 
‘‘(f) REMEDIES.—The limitations on actions in sec-
tion 255(f) shall not apply to this section. 
‘‘(g) DEFINITION.—For purposes of this section, the 
term ‘undue burden’ means significant difficulty or ex-
pense. In determining whether the requirements of any 
provision of this section would result in an undue burden, 
the factors to be considered include— 
‘‘(1) the nature and cost of the steps required 
for the manufacturer or provider; 
‘‘(2) the impact on the operation of the manu-
facturer or provider; 
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‘‘(3) the financial resources of the manufacturer 
or provider; and 
‘‘(4) the type of operations of the manufacturer 
or provider. 
‘‘SEC. 255B. 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 2008, the Commission shall establish reg-
ulations that facilitate the filing of complaints that allege 
a violation of section 255 or 255A, establish procedures 
for enforcement actions by the Commission with respect 
to such violations, and create reporting obligations 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 or 255A. 
‘‘(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 or 
255A. 
‘‘(3) COMPLAINTS TO THE COMMISSION.—Any 
person alleging a violation of section 255 or 255A by 
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a manufacturer of equipment or provider of service 
subject to such sections may file a complaint with 
the Commission. The Commission shall investigate 
the allegations in such complaint and issue a final 
order concluding the investigation within 90 days of 
the date on which such complaint was filed with the 
Commission, unless such complaint is resolved before 
such time. The Commission may consolidate for in-
vestigation and resolution complaints alleging sub-
stantially the same violation by the same manufac-
turer or provider. Such final order shall include a 
determination as to whether any violation has oc-
curred and, if the Commission determines that a vio-
lation has occurred, address the manner in which 
the manufacturer or service provider will achieve ac-
cessibility, compatibility, or usability required by sec-
tion 255 or 255A. If a determination is made that 
a violation has occurred but the accessibility feature 
requested is not readily achievable under section 255 
or will create an undue burden under section 255A, 
the Commission shall provide the basis for such de-
termination. 
‘‘(4) CEASE AND DESIST ORDERS.—If the Com-
mission’s investigation pursuant to paragraph (3) 
determines that a manufacturer of equipment or 
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provider of service is engaged in an act prohibited by 
section 255 or 255A, or is failing to perform any act 
required by section 255 or 255A, the Commission 
shall order such manufacturer or provider to cease 
from violating such section. 
‘‘(5) FORFEITURE
PENALTIES.—A manufac-
turer of equipment or provider of service subject to 
the requirements of section 255 or 255A shall be 
subject under section 503 to a civil penalty for viola-
tion of section 255 or 255A in an amount deter-
mined under section 503(b)(2)(B). 
‘‘(6) 
REPORTING.—Each 
manufacturer 
of 
equipment used for IP-enabled communication serv-
ices and each provider of IP-enabled communication 
service shall— 
‘‘(A) file a report with the Commission, on 
an annual basis, that describes the steps that 
have been taken by such manufacturer or pro-
vider during the preceding year to implement 
sections 255 and 255A, including— 
‘‘(i) information about the company’s 
efforts to consult with people with disabil-
ities; 
‘‘(ii) descriptions of the accessibility 
features of its products and services; and 
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‘‘(iii) information about the compat-
ibility of their products and services with 
peripheral devices or specialized customer 
premise equipment commonly used by peo-
ple with disabilities to achieve access; and 
‘‘(B) maintain, in the ordinary course of 
business, records of the efforts taken by such 
manufacturer or provider to implement sections 
255 and 255A. 
‘‘(b) REPORTS TO CONGRESS.—Every two years after 
the date of enactment of the Twenty-first Century Com-
munications and Video Accessibility Act of 2008, the Com-
mission shall submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House of 
Representatives that assesses the level of compliance with 
section 255 or 255A and evaluates the extent to which 
any accessibility barriers still exist with respect to new 
technologies. Such report shall include— 
‘‘(1) the number and nature of complaints re-
ceived pursuant to subsection (a) during the two 
years that are the subject of the report; 
‘‘(2) actions taken to resolve such complaints 
under this section, including cease and desist orders 
issued and forfeiture penalties assessed; and 
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‘‘(3) the length of time that was taken by the 
Commission to resolve each such complaint. 
‘‘(c) CLEARINGHOUSE.—The Commission shall, in 
coordination with the Architectural and Transportation 
Barriers Compliance Board and the National Tele-
communications and Information Administration, estab-
lish a clearinghouse of information on the availability of 
accessible products and services and accessibility solutions 
required under sections 255 and 255A. Such information 
shall be made publicly available on the Commission’s 
website and by other means, and shall include an annually 
updated list of products and services with access features. 
‘‘(d) OUTREACH AND EDUCATION.—Within one year 
after the date of enactment of the Twenty-first Century 
Communications and Video Accessibility Act of 2008, the 
Commission, in coordination with the National Tele-
communications and Information Administration, shall 
conduct an informational and educational program de-
signed to inform the public about the availability of the 
clearinghouse, and the protections and remedies available 
under sections 255 and 255A.’’. 
(b) CONFORMING AMENDMENT.—Section 255(a) of 
the Communications Act of 1934 (47 U.S.C. 255(a)) is 
amended by adding at the end the following new para-
graph: 
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‘‘(3) TEXT MESSAGES.—The transmission and 
receipt of text messages sent by radio to and from 
mobile wireless devices (made available through 
short message service or similar means) are tele-
communications services for purposes of this section 
and the enforcement of this section under section 
255B.’’. 
SEC. 105. UNIVERSAL SERVICE. 
(a) CONSUMERS WITH DISABILITIES.—Section 254 
of the Communications Act of 1934 (47 U.S.C. 254) is 
amended— 
(1) in subsection (b)— 
(A) by redesignating paragraph (7) as 
paragraph (8); and 
(B) by inserting after paragraph (6) the 
following new paragraph: 
‘‘(7) ACCESS
BY
CONSUMERS
WITH
DISABIL-
ITIES.—Consumers with disabilities should have ac-
cess to telecommunications services and IP-enabled 
communication services, including interexchange 
services and advanced telecommunications and infor-
mation services.’’; and 
(2) in subsection (c), by adding at the end the 
following new paragraph: 
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‘‘(4) INDIVIDUALS
WITH
DISABILITIES.—Not-
withstanding subsection (j), the Commission shall, in 
order to implement the principle established in sub-
section (b)(7), designate as services supported by 
Lifeline and Link Up assistance programs and other 
Federal universal service support mechanisms those 
telecommunications services and IP-enabled commu-
nication services that are needed by individuals with 
disabilities to engage in communication with one or 
more other individuals in a manner that is function-
ally equivalent to the ability of individuals without 
disabilities to engage in such communication.’’. 
(b) ALLOCATION OF USF FOR SERVICES FOR INDI-
VIDUALS WITH DISABILITIES.—Section 254 of the Com-
munications Act of 1934 (47 U.S.C. 254) is further 
amended— 
(1) by redesignating subsections (i) through (l) 
as subsections (j) through (m), respectively; and 
(2) by inserting after subsection (h) the fol-
lowing new subsection: 
‘‘(i) INDIVIDUALS WHO ARE DEAF-BLIND.— 
‘‘(1) IN GENERAL.—Within 6 months after the 
date of the enactment of the Twenty-first Century 
Communications and Video Accessibility Act of 
2008, the Commission shall establish rules that de-
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fine as eligible for universal service support those 
programs that are certified by a State commission or 
approved by the Commission for the distribution of 
specialized customer premises equipment designed to 
make telecommunications service and IP-enabled 
communication service, including interexchange serv-
ices and advanced telecommunications and informa-
tion services, accessible by individuals who are deaf- 
blind. 
‘‘(2) DEFINITION.—For the purposes of this 
subsection, the term ‘individuals who are deaf-blind’ 
has the same meaning given such term in the Helen 
Keller National Center Act, as amended by the Re-
habilitation Act Amendments of 1992 (29 U.S.C. 
1905(2)). 
‘‘(3) ANNUAL AMOUNT.—The total amount of 
universal service support that may be obligated or 
expended under this subsection for any fiscal year 
may not exceed $10,000,000.’’. 
SEC. 106. EMERGENCY ACCESS AND REAL-TIME TEXT SUP-
PORT. 
Title II of the Communications Act of 1934 (47 
U.S.C. 201 et seq.) is further amended by inserting after 
section 255B (as added by section 104 of this Act) the 
following new section: 
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‘‘SEC. 255C. EMERGENCY ACCESS AND REAL-TIME TEXT 
SUPPORT. 
‘‘(a) DUTY OF PROVIDERS OF IP-ENABLED COMMU-
NICATION SERVICE.—In order to ensure equal access to 
emergency services by individuals with disabilities, as part 
of the migration to a national Internet Protocol-enabled 
emergency network, it shall be the duty of every IP-en-
abled communication service provider to ensure seamless 
real-time text communication between and among inter-
connected VoIP services, IP-enabled communication serv-
ices, and telecommunications services. 
‘‘(b) REGULATIONS.—Within one year after the date 
of enactment of the Twenty-first Century Communications 
and Video Accessibility Act of 2008, the Commission shall 
prescribe such regulations as are necessary to implement 
this section. In prescribing the regulations, the Commis-
sion shall— 
‘‘(1) require that all IP-enabled communications 
services support a single real-time text standard, so 
that real-time text communication formats used on 
the networks of each provider of interconnected 
VoIP services, IP-enabled communication services, 
and telecommunications services will interoperate 
with every other such network and with gateways to 
the public switched network; 
‘‘(2) require that— 
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‘‘(A) all providers of IP-enabled commu-
nication service that are required to be in com-
pliance with this section shall transmit real-time 
text communication formats as text data, not 
audio tones; and 
‘‘(B) such transmission shall have less 
than one percent character error in order to en-
sure accurate transmission; and 
‘‘(3) establish deadlines by which providers of 
IP-enabled communication service shall comply with 
the requirements under paragraphs (1) and (2)’’. 
TITLE II—VIDEO PROGRAMMING 
SEC. 201. COMMISSION INQUIRY ON CLOSED CAPTIONING 
DECODER AND VIDEO DESCRIPTION CAPA-
BILITY, USER INTERFACES, AND VIDEO PRO-
GRAMMING GUIDES AND MENUS. 
(a) INQUIRY REQUIRED.—Within 180 days after the 
date of enactment of this Act, the Federal Communica-
tions Commission shall complete an inquiry on the fol-
lowing subjects: 
(1) CLOSED-CAPTIONING DECODER AND VIDEO 
DESCRIPTION CAPABILITY.—With respect to closed 
captioning decoder and video description capability, 
the Commission shall— 
(A) identify— 
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(i) the formats and software com-
monly used by video programming pro-
viders or owners for exhibition on new 
technologies, including those used by IP- 
enabled communication services and digital 
wireless services; and 
(ii) the related technical issues associ-
ated with the implementation of closed 
captioning and video description by means 
of such new technologies; 
(B) identify the technical standards, proto-
cols, and procedures needed for the trans-
mission of closed captioning and video descrip-
tion by means of IP-enabled communication 
service and digital wireless services and equip-
ment; and 
(C) identify— 
(i) technical standards, protocols, and 
procedures to enable video programming 
providers and owners to transmit emer-
gency information in a manner that is ac-
cessible to individuals who are blind or vis-
ually impaired; and 
(ii) the persons or parties obligated to 
create, receive, and transmit such emer-
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gency information in accordance with such 
standards, protocols, and procedures. 
(2) USER INTERFACES.—With respect to user 
interfaces, the Commission shall— 
(A) identify the technical standards, proto-
cols, and procedures needed to enable apparatus 
designed to receive or display video program-
ming transmitted simultaneously with sound 
(including apparatus designed to receive or dis-
play video programming transmitted by means 
of IP-enabled communication services) to be ca-
pable of making its apparatus functions, includ-
ing the receipt, display, navigation, or selection 
of video programming (and any other functions 
shared by, related to, or necessary to access 
such apparatus functions), accessible to and us-
able by individuals with disabilities; and 
(B) identify the technical standards, proto-
cols, and procedures needed to enable on-screen 
text menus and other visual indicators used to 
access the functions described in subparagraph 
(A) to be accompanied by audio output so that 
such menus or indicators are accessible to and 
usable by individuals who are blind or visually 
impaired. 
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(3) 
VIDEO
PROGRAMMING
GUIDES
AND 
MENUS.—With respect to video programming guides 
and menus, the Commission shall identify the tech-
nical standards, protocols, and procedures needed to 
enable video programming information and selection 
provided by means of a navigational device, guide, or 
menu to be accessible in real-time by individuals 
with disabilities who are unable to read the visual 
display. 
(b) REPORT ON INQUIRY.—Within one year after the 
date of enactment of this Act, the Commission shall sub-
mit to the Congress a report on the results of such inquiry. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘IP-enabled communication serv-
ice’’ has the meaning provided in section 3 of the 
Communications Act of 1934 (47 U.S.C. 153); and 
(2) the terms ‘‘video description’’ and ‘‘video 
programming’’ have the meanings provided by sec-
tion 713(g) of such Act (47 U.S.C. 613(g)). 
SEC. 202. CLOSED CAPTIONING DECODER AND VIDEO DE-
SCRIPTION CAPABILITY. 
(a) AUTHORITY TO REGULATE.—Section 303(u) of 
the Communications Act of 1934 (47 U.S.C. 303(u)) is 
amended to read as follows: 
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‘‘(u) Require that every apparatus designed to receive 
or display video programming (as such term is defined in 
section 713(g)) transmitted simultaneously with sound, in-
cluding apparatus designed to receive or display video pro-
gramming transmitted by means of IP-enabled commu-
nication services, that are shipped in interstate commerce 
or manufactured in the United States— 
‘‘(1) be equipped with built-in closed caption 
decoding capability designed to display closed-cap-
tioned video programming; 
‘‘(2) have sufficient capacity to make available 
the transmission and delivery of video description 
services as required by section 713(f); and 
‘‘(3) have the capability to convey emergency 
information (as that term is defined in section 79.2 
of the Commission’s regulations (47 CFR 79.2)), in-
cluding Emergency Alert System messages, in a 
manner that is accessible to individuals who are 
blind or visually-impaired.’’. 
(b) SHIPMENT IN COMMERCE.—Section 330(b) of the 
Communications Act of 1934 (47 U.S.C. 330) is amend-
ed— 
(1) by striking the second sentence and insert-
ing the following: ‘‘Such rules shall provide perform-
ance and display standards for such built-in decoder 
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circuitry, the transmission and delivery of video de-
scription (as such term is defined in section 713(g)) 
services over technologies that are based in digital 
signals, IP-enabled communication services, wireless 
devices, or other methods, and the transmission of 
closed captioning over technologies that are based in 
IP-enabled communication services, wireless devices, 
or other technologies.’’; and 
(2) in the fourth sentence, by inserting ‘‘and 
video description service’’ after ‘‘closed-captioning 
service’’. 
(c) 
IMPLEMENTING
REGULATIONS.—Within 
months after the date of enactment of this Act, the Fed-
eral Communications Commission shall prescribe such reg-
ulations as are necessary to implement, and are technically 
feasible for implementing, the amendments made by sub-
sections (a) and (b). 
SEC. 203. VIDEO DESCRIPTION AND CLOSED CAPTIONING. 
(a) VIDEO DESCRIPTION.—Section 713 of the Com-
munications Act of 1934 (47 U.S.C. 613) is amended by 
striking subsections (f) and (g) and inserting the fol-
lowing: 
‘‘(f) VIDEO DESCRIPTION.— 
‘‘(1) REINSTATEMENT OF RULES.—The video 
description regulations of the Commission contained 
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in the report and order identified as Implementation 
of Video Description of Video Programming, Report 
and Order (15 F.C.C.R. 15.230 (2000)), shall— 
‘‘(A) be considered to be in full force and 
effect and ratified by law; and 
‘‘(B) apply to video programming (as such 
term is defined in subsection (g)) that is first 
published or exhibited after the date of enact-
ment of the Twenty-first Century Communica-
tions and Video Accessibility Act of 2008. 
‘‘(2) CONTINUING AUTHORITY OF THE COMMIS-
SION.—The Commission— 
‘‘(A) shall, within 45 days after the date of 
enactment of the Twenty-first Century Commu-
nications and Video Accessibility Act of 2008— 
‘‘(i) publish its video description regu-
lations contained in the report and order 
identified as Implementation of Video De-
scription of Video Programming, Report 
and Order (15 F.C.C.R. 15,230 (2000)); 
and 
‘‘(ii) apply the requirements of such 
report and order to video programming (as 
such term is defined in subsection (g)); 
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