Twenty-First Century Communications and Video Accessibility Act of 2010

Bill: 111-hr-3101
Sponsor: Rep. Markey, Edward J. [D-MA-7]
Introduced: 2009-06-26 in the House
Policy area: Science, Technology, Communications
Subjects: Administrative law and regulatory procedures
Advisory bodies
Broadcasting, cable, digital technologies
Disability and paralysis
Emergency communications systems
Federal Communications Commission (FCC)
Government information and archives
Government trust funds
Hearing, speech, and vision care
Internet and video services
Internet, web applications, social media
Telecommunication rates and fees
Telephone and wireless communication

Summary:
action_date: 2009-06-26
text: 
Twenty-first Century Communications and Video Accessibility Act of 2009 - Amends the Communications Act of 1934 to define: (1) &quot;disability&quot; to have the meaning given the term under the Americans with Disabilities Act of 1990; (2) &quot;advanced communications&quot; as interconnected VoIP (Voice over Internet Protocol) service, non-interconnected VoIP service, electronic messaging, and video conferencing; and (3) other specified terms.
 
Requires that equipment providing advanced communications via a built-in speaker provide an internal means for hearing aid use.
 
Redefines &quot;telecommunications relay services.&quot; Requires interconnected and non-interconnected VoIP providers to contribute to the Telecommunications Relay Services Fund.
 
Requires, unless it would be an undue burden (significant difficulty or expense), that equipment and services for advanced communications be usable by individuals with disabilities. Requires, if that requirement is an undue burden, that the equipment or service be compatible with existing commonly used peripheral devices or specialized customer equipment, unless that requirement would be an undue burden.
 
Establishes an accessible products and services clearinghouse that is publicly available.
 
Authorizes Lifeline and Link Up programs and other federal universal service support mechanisms to be used for those telecommunications services, Internet access services, and advanced communications that are needed by individuals with disabilities.
 
Defines as eligible for universal service support certified programs that distribute equipment to make telecommunications service, Internet services, and advanced communications accessible by deaf-blind individuals.
 
Requires every provider of Internet access service and every manufacturer of Internet access equipment, unless it would be an undue burden, to make user interfaces accessible to individuals with disabilities.
 
Requires that apparatus that receives or plays back video programming and has a picture screen of any size be capable of decoding closed captioning, transmitting and delivering video description, and conveying emergency information. (Current law: (1) requires closed caption decoders only for apparatus having a picture screen that is at least 13 inches; and (2) does not require video description or emergency information conveyance capability.)
 
Requires that apparatus to record video programming retain and pass through closed captions and video descriptions.
 
Ratifies and considers in full force and effect the Federal Communications Commission's (FCC's) video description regulations contained in a specified Report and Order. Defines, for certain portions of this Act, &quot;video programming&quot; as including programming distributed over the Internet or by other means.
 
Requires video programming owners, providers, and distributors to convey emergency information accessibly to blind or visually-impaired individuals.
 
Requires that apparatus to receive or play back video, including using the Internet, allow control by individuals with disabilities and that on-screen menus be accompanied by integrated or peripheral audio output to enable control by blind or visually impaired individuals.
 
Requires each provider or owner of video programming and each multichannel programming distributor to ensure that video programming information and selection provided by means of a navigational device, guide, or menu is accessible in real-time by individuals with disabilities who are unable to read the visual display.

action_date: 2010-07-26
text: 
Twenty-First Century Communications and Video Accessibility Act of 2010 - (Sec. 2) States that no person shall be liable for a violation of this Act with respect to video programming, online content, applications, services, advanced communications services, or equipment 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 through which an end user obtains access to such video programming, online content, applications, services, advanced communications services, or equipment used to provide or access advanced communications services.
 
Makes such limitation on liability inapplicable to any person to the extent such person relies on third party applications, services, software, hardware, or equipment to comply with the requirements of this Act.
 
(Sec. 3) States that no action taken by the Federal Communications Commission (FCC) to implement this Act shall mandate the use or incorporation of proprietary technology.
 

Title I: Communications Access
 - (Sec. 102) Amends the Communications Act of 1934 (the Act) to direct the FCC to require that customer premises equipment 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 compatibility. Describes &quot;customer premises equipment&quot; as: (1) all essential telephones (coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids); (2) all U.S telephones (other than for export) manufactured 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; and (3) all customer premises equipment used with advanced communications services that is designed to provide two-way voice communication via a built-in speaker intended to be held to the ear in a manner functionally equivalent to a telephone.
 
 (Sec. 103) Defines &quot;telecommunications relay services&quot; as 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.
 
Requires each interconnected Voice over Internet Protocol (VoIP) service provider and each provider of non-interconnected VoIP service to participate in and contribute to the Telecommunications Relay Services Fund.
 
Directs the Chairman of the FCC to establish the Telecommunications Relay Services Policy Advisory Council. 
 
(Sec. 104) Requires, with respect to equipment manufactured after the effective date of the regulations required under this section: (1) a manufacturer of equipment used for advanced communications services, including end user equipment, network equipment, and software, to ensure that the equipment and software that such manufacturer offers for sale or otherwise distributes in interstate commerce will be accessible to and usable by individuals with disabilities, unless such requirements are not achievable; and (2) a provider of advanced communications services to ensure that such services offered by such provider in or affecting interstate commerce are accessible to and usable by individuals with disabilities, unless such requirements of this subsection are not achievable. Requires, whenever the preceding requirements are not achievable, a manufacturer or provider to 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, unless such requirement is not achievable.
 
Requires the FCC to promulgate specified implementing regulations.
 
Authorizes the FCC to waive the requirements of this section for: (1) any feature or function of equipment used to provide or access advanced communications services, or for any class of such equipment, for any provider of advanced communications services, or for any class of such services, that is capable of accessing an advanced communications service and is designed for multiple purposes, but is designed primarily for purposes other than using advanced communications services; or (2) small entities.
 
Makes the requirements of this section inapplicable to customized equipment or services that are not offered directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
 
Prohibits construing this section so as 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.
 
Requires the FCC to establish regulations that facilitate the filing of formal and informal complaints that allege a violation of the Act concerning access by persons with disabilities or other provisions of this section, establish procedures for FCC enforcement actions with respect to such violations, and implement specified recordkeeping obligations for manufacturers and providers.
 
Requires the FCC to report to Congress every two years concerning compliance, accessibility barriers, the number and nature of complaints, and an assessment of the requirements of this section on the development and deployment of new communications technologies.
 
Requires the Comptroller General (CG) to report on the FCC's compliance with the deadlines of this section, the appropriateness of the FCC's enforcement actions, and whether, and to what extent (if any), the requirements of this section have an effect on the development and deployment of new communications technologies.
 
Requires the FCC to establish a clearinghouse of information on the availability of accessible products and services and accessibility solutions required for persons with disabilities under this section. Requires the FCC, upon the establishment of the clearinghouse, to conduct an informational and educational program designed to inform the public about the availability of the clearinghouse and the protections and remedies available under this section.
 
Requires that when a manufacturer of a telephone used with public mobile services includes an Internet browser in such telephone or when the provider of mobile service arranges for the inclusion of a browser in telephones to sell to customers, the manufacturer or provider must ensure that the functions of the included browser (including the ability to launch the browser) are accessible to and usable by individuals who are blind or have a visual impairment, unless doing so is not achievable, subject to exception. Makes the provisions of the preceding sentence effective three years following the enactment of this Act.
 
Subjects a manufacturer or service provider determined by the FCC to have violated any of this section's requirements, to 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 violation shall not exceed a total of $1 million for any single act or failure to act.
 
(Sec. 105) Requires the FCC to establish the Emergency Access Advisory Committee for the purpose of achieving equal access to emergency services by individuals with disabilities as a part of the migration to a national Internet protocol-enabled emergency network.
 
(Sec. 106) Requires the FCC to establish rules that define as eligible for relay service support those programs that are FCC approved for the distribution of specialized customer premises equipment designed to make telecommunications service, Internet access service, and advanced communications, including interexchange services and advanced telecommunications and information services, accessible by low-income individuals who are deaf-blind. Authorizes the FCC to provide up to $10 million support annually from its interstate relay fund.
 

Title II: Video Programming
 - (Sec. 201) Requires the FCC to establish the Video Programming and Emergency Access Advisory Committee to make recommendations regarding closed captioning, video description, accessible emergency information, user interfaces, and video programming guides.
 
(Sec. 202) Requires the FCC to reinstate (modified, as specified) the video description regulations contained in the Implementation of Video Description of Video Programming Report and Order. Requires the FCC to commence specified inquiries after the phase-in of the reinstated regulations. Prohibits the FCC from issuing additional regulations unless it determines, at least two years after completing the inquiries, that the need for and benefits of providing video description for video programming, insofar as such programming is transmitted for display on television, are greater than the technical and economic costs of providing such additional programming. Sets a schedule for the phase-in of video description regulations. Requires the FCC to submit a specified report assessing video programming. 
 
Requires the FCC to identify methods to convey accessible emergency information to blind or visually impaired individuals and promulgate regulations that require video programming providers and video programming distributors and program owners to convey such emergency information in a manner accessible to individuals who are blind or visually impaired.
 
Sets a deadline for the FCC to revise regulations requiring the provision of closed captioning on video programming delivered using Internet protocol.
 
(Sec. 203) Revises provisions concerning closed caption decoder circuitry and video description capability. Requires, generally, that, if technically feasible, apparatus designed to receive or play back video programming transmitted simultaneously with sound, if such apparatus is manufactured in the United States or imported for use in the United States and uses a picture screen of any size: (1) be equipped with built-in closed caption decoder circuitry or capability designed to display closed-captioned video programming; (2) have the capability to decode and make available the transmission and delivery of video description services; and (3) have the capability to decode and make available emergency information in a manner that is accessible to individuals who are blind or visually impaired. Sets forth provisions concerning picture screens less than 13 inches and waivers and exemptions form the preceding requirements.
 
Requires the FCC to require that: (1) if achievable, apparatus designed to record video programming transmitted simultaneously with sound, if such apparatus is manufactured in the United States or imported for use in the United States, enable the rendering or the pass through of closed captions, video description signals, and emergency information such that viewers are able to activate and deactivate the closed captions and video description as the video programming is played back on a picture screen of any size; and (2) interconnection mechanisms and standards for digital video source devices are available to carry from the source device to the consumer equipment the information necessary to permit or render the display of closed captions and to make encoded video description and emergency information audible.
 
(Sec. 204) Directs the FCC to require that: (1) if achievable, digital apparatus designed to receive or play back video programming transmitted in digital format simultaneously with sound, including apparatus designed to receive or display video programming transmitted in digital format using Internet protocol, be designed, developed, and fabricated so that control of appropriate built-in apparatus functions are accessible to and usable by individuals with disabilities; (2) if on-screen text menus or other visual indicators built in to the digital apparatus are used to access the functions of the apparatus described in clause (1), such functions shall be accompanied by audio output that is either integrated or peripheral to the apparatus, so that such menus or indicators are accessible to and usable by individuals who are blind or visually impaired in real-time; (3) built-in user controls shall be capable of accessing closed captioning; and (4) in applying this section the term &quot;apparatus&quot; does not include a navigation device.
 
(Sec. 205) Requires the FCC to require that: (1) if achievable, the on-screen text menus and guides provided by navigation devices for the display or selection of multichannel video programming are audibly accessible in real-time upon request by individuals who are blind or visually impaired, except that the FCC may not specify the technical standards, protocols, procedures, and other technical requirements for meeting this requirement; and (2) for navigation devices with built-in closed captioning capability, access to that capability through a mechanism is reasonably comparable to a button, key, or icon designated for activating the closed captioning, or accessibility features.
 
(Sec. 206) Defines specified terms.
 

Title III: PAYGO Compliance
 - (Sec. 301) Requires the budgetary effects of this Act to be determined by reference to the latest statement titled &quot;Budgetary Effects of PAYGO Legislation&quot; for this Act, provided such statement has been submitted prior to the vote on passage.


Legislative actions:
action_date: 2010-08-05
text: Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 513.
action_date: 2010-07-27
text: Received in the Senate.
action_date: 2010-07-26
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-07-26
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 348 - 23 (Roll no. 469). (text: CR H5996-6003)
action_date: 2010-07-26
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 348 - 23 (Roll no. 469).(text: CR H5996-6003)
action_date: 2010-07-26
text: Considered as unfinished business. (consideration: CR H6023)
action_date: 2010-07-26
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2010-07-26
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3101.
action_date: 2010-07-26
text: Considered under suspension of the rules. (consideration: CR H5996-6007)
action_date: 2010-07-26
text: Mr. Markey (MA) moved to suspend the rules and pass the bill, as amended.
action_date: 2010-07-26
text: Placed on the Union Calendar, Calendar No. 323.
action_date: 2010-07-26
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-563.
action_date: 2010-07-26
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-563.
action_date: 2010-07-21
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2010-07-21
text: Committee Consideration and Mark-up Session Held.
action_date: 2010-06-30
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
action_date: 2010-06-30
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2010-06-10
text: Subcommittee Hearings Held.
action_date: 2009-07-07
text: Referred to the Subcommittee on Communications, Technology, and the Internet.
action_date: 2009-06-26
text: Referred to the House Committee on Energy and Commerce.
action_date: 2009-06-26
text: Introduced in House
action_date: 2009-06-26
text: Introduced in House