Twenty-First Century Communications and Video Accessibility Act of 2010
PL 111-260 (S.3304), enacted 10/08/2010

124 STAT. 2751 
PUBLIC LAW 111–260—OCT. 8, 2010 
Public Law 111–260 
111th Congress 
An Act 
To increase the access of persons with disabilities to modern communications, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives 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 Accessibility 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 advanced communications services and equipment. 
Sec. 105. Universal service. 
Sec. 106. Emergency Access Advisory Committee. 
TITLE II—VIDEO PROGRAMMING 
Sec. 201. Video Programming and Emergency Access Advisory Committee. 
Sec. 202. Video description and closed captioning. 
Sec. 203. Closed captioning decoder and video description capability. 
Sec. 204. User interfaces on digital apparatus. 
Sec. 205. Access to video programming guides and menus provided on navigation 
devices. 
Sec. 206. Definitions. 
SEC. 2. LIMITATION ON LIABILITY. 
(a) IN GENERAL.—Except as provided in subsection (b), no per-
son shall be liable for a violation of the requirements of this Act 
(or of the provisions of the Communications Act of 1934 that are 
amended or added by this Act) with respect to video programming, 
online content, applications, services, advanced communications 
services, or equipment used to provide or access advanced commu-
nications services to the extent such person— 
(1) transmits, routes, or stores in intermediate or transient 
storage the communications made available through the provi-
sion of advanced communications services by a third party; 
or 
(2) provides an information location tool, such as a direc-
tory, index, reference, pointer, menu, guide, user interface, 
or hypertext link, through which an end user obtains access 
47 USC 153 note. 
47 USC 609 note. 
Twenty-First 
Century 
Communications 
and Video 
Accessibility Act 
of 2010. 
Oct. 8, 2010 
[S. 3304] 
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124 STAT. 2752 
PUBLIC LAW 111–260—OCT. 8, 2010 
to such video programming, online content, applications, serv-
ices, advanced communications services, or equipment used 
to provide or access advanced communications services. 
(b) EXCEPTION.—The limitation on liability under subsection 
(a) shall not apply to any person who relies on third party applica-
tions, services, software, hardware, or equipment to comply with 
the requirements 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, applications, services, 
advanced communications services, or equipment used to provide 
or access advanced communications services. 
SEC. 3. PROPRIETARY TECHNOLOGY. 
No action taken by the Federal Communications Commission 
to implement this Act or any amendment 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
SERVICES.—The term 
‘advanced communications services’ means— 
‘‘(A) interconnected VoIP service; 
‘‘(B) non-interconnected VoIP service; 
‘‘(C) electronic messaging service; and 
‘‘(D) interoperable video conferencing service. 
‘‘(54) CONSUMER GENERATED MEDIA.—The term ‘consumer 
generated media’ means content created and made available 
by consumers to online websites and services on the Internet, 
including video, audio, and multimedia content. 
‘‘(55) DISABILITY.—The term ‘disability’ has the meaning 
given such term under section 3 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12102). 
‘‘(56) ELECTRONIC
MESSAGING
SERVICE.—The term ‘elec-
tronic messaging service’ means a service that provides real- 
time or near real-time non-voice messages in text form between 
individuals over communications networks. 
‘‘(57) INTERCONNECTED
VOIP
SERVICE.—The term ‘inter-
connected VoIP service’ has the meaning given such term under 
section 9.3 of title 47, Code of Federal Regulations, as such 
section may be amended from time to time. 
‘‘(58) NON-INTERCONNECTED VOIP SERVICE.—The term ‘non- 
interconnected VoIP service’— 
‘‘(A) means a service that— 
‘‘(i) enables real-time voice communications that 
originate from or terminate to the user’s location using 
Internet protocol or any successor protocol; and 
‘‘(ii) requires Internet protocol compatible customer 
premises equipment; and 
‘‘(B) does not include any service that is an inter-
connected VoIP service. 
‘‘(59) INTEROPERABLE VIDEO CONFERENCING SERVICE.—The 
term ‘interoperable video conferencing service’ means a service 
47 USC 153 note. 
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124 STAT. 2753 
PUBLIC LAW 111–260—OCT. 8, 2010 
that provides real-time video communications, including audio, 
to enable users to share information of the user’s choosing.’’; 
and 
(2) by reordering paragraphs (1) through (52) and the para-
graphs added by paragraph (1) of this section in alphabetical 
order based on the headings of such paragraphs and renum-
bering such paragraphs as so reordered. 
SEC. 102. HEARING AID COMPATIBILITY. 
(a) COMPATIBILITY REQUIREMENTS.— 
(1) TELEPHONE
SERVICE
FOR
THE
DISABLED.—Section 
710(b)(1) of the Communications Act of 1934 (47 U.S.C. 
610(b)(1)) is amended to read as follows: 
‘‘(b)(1) Except as provided in paragraphs (2) and (3) and sub-
section (c), the Commission shall require that customer 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 compatibility. 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 designed to provide 2-way voice 
communication via a built-in speaker intended to be held to 
the ear in a manner functionally equivalent to a telephone, 
subject to the regulations prescribed by the Commission under 
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 enactment of the Hearing Aid 
Compatibility Act of 1988’’; and 
(cc) by striking ‘‘paragraph (1)(B) of this 
subsection’’ and inserting ‘‘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 subparagraph (B); and 
(iii) in subparagraph (B) (as so redesignated)— 
(I) by striking the first sentence and inserting 
‘‘The Commission shall periodically assess the 
appropriateness of continuing in effect the exemp-
tions for telephones and other customer premises 
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124 STAT. 2754 
PUBLIC LAW 111–260—OCT. 8, 2010 
equipment described in subparagraph (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 inserting ‘‘tele-
phones used with public mobile’’; 
(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 inserting ‘‘or’’; 
(iv) by striking ‘‘part 22 of’’; and 
(v) by inserting after ‘‘Regulations’’ the following: 
‘‘, or any functionally equivalent 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 Communica-
tions 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 interested 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 Commis-
sion 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 Communications 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 imple-
menting 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 
marketability or availability of new technologies to users.’’. 
(d) RULE OF CONSTRUCTION.—Section 710(h) of the Communica-
tions 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 Accessibility Act of 2010 shall 
be construed to modify the Commission’s regulations set forth in 
section 20.19 of title 47 of the Code of Federal Regulations, as 
in effect on the date of enactment of such Act.’’. 
Consultation. 
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124 STAT. 2755 
PUBLIC LAW 111–260—OCT. 8, 2010 
SEC. 103. RELAY SERVICES. 
(a) DEFINITION.—Paragraph (3) of section 225(a) of the Commu-
nications Act of 1934 (47 U.S.C. 225(a)(3)) is amended to read 
as follows: 
‘‘(3) TELECOMMUNICATIONS
RELAY
SERVICES.—The term 
‘telecommunications relay services’ means telephone trans-
mission services that provide the ability for an individual who 
is deaf, hard of hearing, deaf-blind, or who has a speech dis-
ability 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 SERVICES.—Title VII of 
such Act (47 U.S.C. 601 et seq.) is amended by adding at the 
end the following new section: 
‘‘SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES. 
‘‘Within one year after the date of enactment of the Twenty- 
First Century Communications and Video Accessibility Act of 2010, 
each interconnected VoIP service provider and each provider of 
non-interconnected VoIP service shall participate in and contribute 
to the Telecommunications Relay Services Fund established in sec-
tion 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 pre-
scribed 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.’’. 
SEC. 104. ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND 
EQUIPMENT. 
(a) TITLE VII AMENDMENT.—Title VII of the Communications 
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 ADVANCED COMMUNICATIONS SERVICES AND 
EQUIPMENT. 
‘‘(a) MANUFACTURING.— 
‘‘(1) IN GENERAL.—With respect to equipment manufactured 
after the effective date of the regulations established pursuant 
to subsection (e), and subject to those regulations, a manufac-
turer of equipment used for advanced communications services, 
including end user equipment, network equipment, and soft-
ware, shall ensure that the equipment and software that such 
manufacturer offers for sale or otherwise distributes in inter-
state commerce shall be accessible to and usable by individuals 
with disabilities, unless the requirements of this subsection 
are not achievable. 
‘‘(2) INDUSTRY FLEXIBILITY.—A manufacturer of equipment 
may satisfy the requirements of paragraph (1) with respect 
to such equipment by— 
‘‘(A) ensuring that the equipment that such manufac-
turer 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 
47 USC 617. 
Deadline. 
47 USC 616. 
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124 STAT. 2756 
PUBLIC LAW 111–260—OCT. 8, 2010 
‘‘(B) if such manufacturer chooses, using third party 
applications, peripheral devices, software, hardware, or cus-
tomer premises equipment that is available to the consumer 
at nominal cost and that individuals with disabilities can 
access. 
‘‘(b) SERVICE PROVIDERS.— 
‘‘(1) IN GENERAL.—With respect to services provided after 
the effective date of the regulations established pursuant to 
subsection (e), and subject to those regulations, a provider 
of advanced communications services shall ensure that such 
services offered by such provider in or affecting interstate com-
merce are accessible to and usable by individuals with disabil-
ities, unless the requirements of this subsection are not achiev-
able. 
‘‘(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 equip-
ment; or 
‘‘(B) if such provider chooses, using third party applica-
tions, 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 subsections 
(a) or (b) are not achievable, a manufacturer or provider shall 
ensure that its equipment or service is compatible with existing 
peripheral devices or specialized customer premises equipment com-
monly used by individuals with disabilities to achieve access, unless 
the requirement of this subsection is not achievable. 
‘‘(d) NETWORK FEATURES, FUNCTIONS, AND CAPABILITIES.—Each 
provider of advanced communications services has the duty not 
to install network features, functions, or capabilities that do not 
impede accessibility or usability. 
‘‘(e) REGULATIONS.— 
‘‘(1) IN GENERAL.—Within one year after the date of enact-
ment of the Twenty-First Century Communications and Video 
Accessibility Act of 2010, the Commission shall promulgate 
such regulations as are necessary to implement this section. 
In prescribing the regulations, the Commission shall— 
‘‘(A) include performance objectives to ensure the acces-
sibility, usability, and compatibility of advanced commu-
nications services and the equipment used for advanced 
communications services by individuals with disabilities; 
‘‘(B) provide that advanced communications services, 
the equipment used for advanced communications services, 
and networks used to provide advanced communications 
services may not impair or impede the accessibility of 
information content when accessibility has been incor-
porated into that content for transmission through 
advanced communications services, equipment used for 
advanced communications services, or networks used to 
provide advanced communications services; 
Deadline. 
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124 STAT. 2757 
PUBLIC LAW 111–260—OCT. 8, 2010 
‘‘(C) determine the obligations under this section of 
manufacturers, service providers, and providers of applica-
tions or services accessed over service provider networks; 
and 
‘‘(D) not mandate technical standards, except that the 
Commission may adopt technical standards as a safe harbor 
for such compliance if necessary to facilities the manufac-
turers’ and service providers’ compliance with sections (a) 
through (c). 
‘‘(2) PROSPECTIVE
GUIDELINES.—The Commission shall 
issue prospective guidelines for a manufacturer or provider 
regarding the requirements of this section. 
‘‘(f) SERVICES AND EQUIPMENT SUBJECT TO SECTION 255.—The 
requirements of this section shall not apply to any equipment 
or services, including interconnected VoIP service, that are subject 
to the requirements of section 255 on the day before the date 
of enactment of the Twenty-First Century Communications and 
Video Accessibility Act of 2010. Such services and equipment 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 Commission. 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 equip-
ment or service in question. 
‘‘(2) The technical and economic impact on the operation 
of the manufacturer or provider and on the operation of the 
specific equipment or service in question, including on the 
development and deployment of new communications tech-
nologies. 
‘‘(3) The type of operations of the manufacturer or provider. 
‘‘(4) The extent to which the service provider or manufac-
turer in question offers accessible services or equipment con-
taining 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 petition by a manufacturer 
or provider of advanced communications services or any 
interested party, to waive the requirements of this section 
for 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— 
‘‘(A) is capable of accessing an advanced communica-
tions service; and 
‘‘(B) is designed for multiple purposes, but is designed 
primarily for purposes other than using advanced commu-
nications services. 
‘‘(2) SMALL
ENTITY
EXEMPTION.—The Commission may 
exempt small entities from the requirements of this section. 
‘‘(i) CUSTOMIZED EQUIPMENT OR SERVICES.—The provisions of 
this section shall not apply to customized equipment or services 
that are not offered directly to the public, or to such classes of 
Determination. 
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124 STAT. 2758 
PUBLIC LAW 111–260—OCT. 8, 2010 
users as to be effectively available directly to the public, regardless 
of the facilities used. 
‘‘(j) RULE OF CONSTRUCTION.—This section shall not be con-
strued 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 acces-
sible for every disability. 
‘‘SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGATIONS. 
‘‘(a) COMPLAINT AND ENFORCEMENT PROCEDURES.—Within one 
year after the date of enactment of the Twenty-First Century 
Communications and Video Accessibility Act of 2010, the Commis-
sion shall establish regulations 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 implement 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 Commission shall estab-
lish separate and identifiable electronic, telephonic, and phys-
ical 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 manufacturer of equipment 
or provider of service subject to such sections may file 
a formal or informal complaint with the Commission. 
‘‘(B) INVESTIGATION
OF
INFORMAL
COMPLAINT.—The 
Commission shall investigate the allegations in an informal 
complaint and, within 180 days after the date on which 
such complaint 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) If the Commission determines that a violation 
has occurred, the Commission may, in the order issued 
under this subparagraph or in a subsequent order, 
direct the manufacturer or service provider to bring 
the service, or in the case of a manufacturer, the 
next generation of the equipment or device, into compli-
ance with requirements of those sections within a 
reasonable time established by the Commission in its 
order. 
‘‘(ii) NO VIOLATION.—If a determination is made 
that a violation has not occurred, the Commission shall 
provide the basis for such determination. 
‘‘(C) CONSOLIDATION OF COMPLAINTS.—The Commission 
may consolidate for investigation and resolution complaints 
alleging substantially the same violation. 
‘‘(4) OPPORTUNITY
TO
RESPOND.—Before the Commission 
makes a determination pursuant to paragraph (3), the party 
that is the subject of the complaint shall have a reasonable 
opportunity to respond to such complaint, and may include 
Deadline. 
Orders. 
Deadline. 
Regulations. 
47 USC 618. 
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124 STAT. 2759 
PUBLIC LAW 111–260—OCT. 8, 2010 
in such response any factors that are relevant to such deter-
mination. Before issuing a final order under paragraph (3)(B)(i), 
the Commission shall provide such party a reasonable oppor-
tunity to comment on any proposed remedial action. 
‘‘(5) RECORDKEEPING.—(A) Beginning one year after the 
effective date of regulations promulgated pursuant to section 
716(e), each manufacturer and provider subject to sections 255, 
716, and 718 shall maintain, in the ordinary course of business 
and for a reasonable period, records of the efforts taken by 
such manufacturer or provider to implement sections 255, 716, 
and 718, including the following: 
‘‘(i) Information about the manufacturer’s or pro-
vider’s efforts to consult with individuals with disabil-
ities. 
‘‘(ii) Descriptions of the accessibility features of 
its products and services. 
‘‘(iii) Information about the compatibility of such 
products and services with peripheral devices or 
specialized customer premise equipment commonly 
used by individuals with disabilities to achieve access. 
‘‘(B) An officer of a manufacturer or provider shall submit 
to the Commission an annual certification that records are 
being kept in accordance with subparagraph (A). 
‘‘(C) After the filing of a formal or informal complaint 
against a manufacturer or provider in the manner prescribed 
in paragraph (3), the Commission may request, and shall keep 
confidential, a copy of the records maintained by such manufac-
turer or provider pursuant to subparagraph (A) of this para-
graph 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 paragraph (3), the person that filed such 
complaint may bring an action in the nature of mandamus 
in the United States Court of Appeals for the District of 
Columbia to compel the Commission to carry out any such 
responsibility. 
‘‘(7) COMMISSION JURISDICTION.—The limitations of section 
255(f) shall apply to any claim that alleges a violation of section 
255, 716, or 718. Nothing in this paragraph affects or limits 
any action for mandamus under paragraph (6) or any appeal 
pursuant to section 402(b)(10). 
‘‘(8) PRIVATE RESOLUTIONS OF COMPLAINTS.—Nothing in the 
Commission’s rules or this Act shall be construed to preclude 
a person who files a complaint and a manufacturer or provider 
from resolving a formal or informal complaint prior to the 
Commission’s final determination in a complaint proceeding. 
In the event of such a resolution, the parties shall jointly 
request dismissal of the complaint and the Commission shall 
grant such request. 
‘‘(b) REPORTS TO CONGRESS.— 
‘‘(1) IN GENERAL.—Every two years after the date of enact-
ment of the Twenty-First Century Communications and Video 
Accessibility Act of 2010, the Commission shall submit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Energy and Commerce of the 
House of Representatives a report that includes the following: 
Applicability. 
Deadline. 
Certification. 
Effective date. 
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124 STAT. 2760 
PUBLIC LAW 111–260—OCT. 8, 2010 
‘‘(A) An assessment of the level of compliance with 
sections 255, 716, and 718. 
‘‘(B) An evaluation of the extent to which any accessi-
bility barriers still exist with respect to new communica-
tions 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, including forfeiture penalties 
assessed. 
‘‘(E) The length of time that was taken by the Commis-
sion to resolve each such complaint. 
‘‘(F) The number, status, nature, and outcome of any 
actions for mandamus filed pursuant to subsection (a)(6) 
and the number, status, nature, and outcome of any appeals 
filed pursuant to section 402(b)(10). 
‘‘(G) An assessment of the effect of the requirements 
of this section on the development and deployment of new 
communications technologies. 
‘‘(2) PUBLIC COMMENT REQUIRED.—The Commission shall 
seek public comment on its tentative findings prior to submis-
sion to the Committees of the report under this subsection. 
‘‘(c) COMPTROLLER GENERAL ENFORCEMENT STUDY.— 
‘‘(1) IN GENERAL.—The Comptroller General shall conduct 
a study to consider and evaluate the following: 
‘‘(A) The Commission’s compliance with the require-
ments of this section, including the Commission’s level 
of compliance with the deadlines established under and 
pursuant to this section and deadlines for acting on com-
plaints pursuant to subsection (a). 
‘‘(B) Whether the enforcement actions taken by the 
Commission pursuant to this section have been appropriate 
and effective in ensuring compliance with this section. 
‘‘(C) Whether the enforcement provisions under this 
section are adequate to ensure compliance with this section. 
‘‘(D) Whether, and to what extent (if any), the require-
ments of this section have an effect on the development 
and deployment of new communications technologies. 
‘‘(2) REPORT.—Not later than 5 years after the date of 
enactment of the Twenty-First Century Communications and 
Video Accessibility Act of 2010, the Comptroller General shall 
submit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Energy and Com-
merce of the House of Representatives a report on the results 
of the study required by paragraph (1), with recommendations 
for how the enforcement process and measures under this sec-
tion may be modified or improved. 
‘‘(d) CLEARINGHOUSE.—Within one year after the date of enact-
ment of the Twenty-First Century Communications and Video 
Accessibility Act of 2010, the Commission shall, in consultation 
with the Architectural and Transportation Barriers Compliance 
Board, the National Telecommunications and Information Adminis-
tration, trade associations, and organizations representing individ-
uals with disabilities, establish a clearinghouse of information on 
the availability of accessible products and services and accessibility 
Deadline. 
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124 STAT. 2761 
PUBLIC LAW 111–260—OCT. 8, 2010 
solutions required under sections 255, 716, and 718. Such informa-
tion 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. 
‘‘(e) OUTREACH AND EDUCATION.—Upon establishment of the 
clearinghouse of information required under subsection (d), the 
Commission, in coordination with the National Telecommunications 
and Information Administration, shall conduct an informational 
and educational program designed to inform the public about the 
availability of the clearinghouse and the protections and remedies 
available under sections 255, 716, and 718. 
‘‘SEC. 718. INTERNET BROWSERS BUILT INTO TELEPHONES USED WITH 
PUBLIC MOBILE SERVICES. 
‘‘(a) ACCESSIBILITY.—If a manufacturer of a telephone used 
with public mobile services (as such term is defined in section 
710(b)(4)(B)) includes an Internet browser in such telephone, or 
if a provider of mobile service arranges for the inclusion of a 
browser in telephones to sell to customers, the manufacturer or 
provider shall ensure that the functions of the included browser 
(including the ability to launch the browser) are accessible to and 
usable by individuals who are blind or have a visual impairment, 
unless doing so is not achievable, except that this subsection shall 
not impose any requirement on such manufacturer or provider— 
‘‘(1) to make accessible or usable any Internet browser 
other than a browser that such manufacturer or provider 
includes or arranges to include in the telephone; or 
‘‘(2) to make Internet content, applications, or services 
accessible or usable (other than enabling individuals with 
disabilities to use an included browser to access such content, 
applications, or services). 
‘‘(b) INDUSTRY FLEXIBILITY.—A manufacturer or provider may 
satisfy the requirements of subsection (a) with respect to such 
telephone or services by— 
‘‘(1) ensuring that the telephone or services that such 
manufacture or provider offers is accessible to and usable by 
individuals with disabilities without the use of third party 
applications, peripheral devices, software, hardware, or cus-
tomer premises equipment; or 
‘‘(2) using third party applications, peripheral devices, soft-
ware, hardware, or customer premises equipment that is avail-
able to the consumer at nominal cost and that individuals 
with disabilities can access.’’. 
(b) EFFECTIVE DATE
FOR SECTION 718.—Section 718 of the 
Communications Act of 1934, as added by subsection (a), shall 
take effect 3 years after the date of enactment of this Act. 
(c) TITLE V AMENDMENTS.—Section 503(b)(2) of such Act (47 
U.S.C. 503(b)(2)) is amended by adding after subparagraph (E) 
the following: 
‘‘(F) Subject to paragraph (5) of this section, if the violator 
is a manufacturer or service provider subject to the require-
ments of section 255, 716, or 718, and is determined by the 
Commission to have violated any such requirement, the manu-
facturer 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 
47 USC 619 note. 
47 USC 619. 
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124 STAT. 2762 
PUBLIC LAW 111–260—OCT. 8, 2010 
assessed for any continuing 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 interests 
are adversely affected by a determination made by the Commis-
sion under section 717(a)(3).’’. 
SEC. 105. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS. 
Title VII of the Communications Act of 1934, as amended 
by section 104, is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 719. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS. 
‘‘(a) IN GENERAL.—Within 6 months after the date of enactment 
of the Equal Access to 21st Century Communications Act, the 
Commission shall establish rules that define as eligible for relay 
service support those programs that are approved by the Commis-
sion 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 individuals who are deaf-blind. 
‘‘(b) INDIVIDUALS WHO ARE DEAF-BLIND DEFINED.—For pur-
poses 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 Rehabilitation Act Amendments 
of 1992 (29 U.S.C. 1905(2)). 
‘‘(c) ANNUAL
AMOUNT.—The total amount of support the 
Commission may provide from its interstate relay fund for any 
fiscal year may not exceed $10,000,000.’’. 
SEC. 106. EMERGENCY ACCESS ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—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, 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 enact-
ment of this Act, the Chairman of the Commission shall appoint 
the members of the Advisory Committee, ensuring a balance 
between individuals with disabilities and other stakeholders, and 
shall designate two such members as the co-chairs of the Com-
mittee. Members of the Advisory Committee shall be selected from 
the following groups: 
(1) STATE
AND
LOCAL
GOVERNMENT
AND
EMERGENCY 
RESPONDER
REPRESENTATIVES.—Representatives of State and 
local governments and representatives of emergency response 
providers, selected from among individuals nominated by 
national organizations representing such governments and rep-
resentatives. 
(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 representa-
tives of— 
Deadline. 
47 USC 615c. 
Deadline. 
Regulations. 
47 USC 620. 
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124 STAT. 2763 
PUBLIC LAW 111–260—OCT. 8, 2010 
(A) providers of interconnected and non-interconnected 
VoIP services; 
(B) vendors, developers, and manufacturers of systems, 
facilities, equipment, and capabilities for the provision of 
interconnected and non-interconnected VoIP services; 
(C) national organizations representing individuals 
with disabilities and senior citizens; 
(D) Federal agencies or departments responsible for 
the implementation of the Next Generation E 9–1–1 
system; 
(E) the National Institute of Standards and Tech-
nology; and 
(F) other individuals with such technical knowledge 
and expertise. 
(3) REPRESENTATIVES
OF
OTHER
STAKEHOLDERS
AND 
INTERESTED
PARTIES.—Representatives of such other stake-
holders and interested and affected parties as the Chairman 
of the Commission determines appropriate. 
(c) DEVELOPMENT OF RECOMMENDATIONS.—Within 1 year after 
the completion of the member appointment process by the Chairman 
of the Commission pursuant to subsection (b), the Advisory Com-
mittee shall conduct a national survey of individuals with disabil-
ities, seeking input from the groups described in subsection (b)(2), 
to determine the most effective and efficient technologies and 
methods by which to enable access to emergency services by individ-
uals with disabilities and shall develop and submit to the Commis-
sion recommendations to implement such technologies and methods, 
including recommendations— 
(1) with respect to what actions are necessary as a part 
of the migration to a national Internet protocol-enabled network 
to achieve reliable, interoperable communication transmitted 
over such network that will ensure access to emergency services 
by individuals with disabilities; 
(2) for protocols, technical capabilities, and technical 
requirements to ensure the reliability and interoperability nec-
essary to ensure access to emergency 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 authorities; 
(4) for relevant technical standards and requirements for 
communication devices and equipment 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 interconnected and 
non-interconnected VoIP services and manufacturers of equip-
ment used for such services shall achieve the actions required 
in paragraphs (1) through (5), where achievable, and for the 
possible phase out of the use of current-generation TTY tech-
nology to the extent that this technology is replaced with more 
effective and efficient technologies and methods to enable access 
to emergency services by individuals with disabilities; 
(7) for the establishment of rules to update the Commis-
sion’s rules with respect to 9–1–1 services and E–911 services 
Deadline. 
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124 STAT. 2764 
PUBLIC LAW 111–260—OCT. 8, 2010 
(as defined in section 158(e)(4) of the National Telecommuni-
cations and Information Administration Organization Act (47 
U.S.C. 942(e)(4))), for users of telecommunications relay services 
as new technologies and methods for providing such relay serv-
ices are adopted by providers of such relay services; and 
(8) that take into account what is technically and economi-
cally feasible. 
(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 appointment process by the Chair-
man of the Commission pursuant to subsection (b). 
(2) OTHER
MEETINGS.—After the initial meeting, the 
Advisory Committee shall meet at the call of the chairs, but 
no less than monthly until the recommendations required 
pursuant to subsection (c) are completed and submitted. 
(3) NOTICE; OPEN MEETINGS.—Any meetings held by the 
Advisory Committee shall be duly noticed at least 14 days 
in advance and shall be open to the public. 
(e) 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 appro-
priate subcommittees composed of members of the Advisory 
Committee and other subject matter experts as determined 
to be necessary. 
(3) ADDITIONAL
RULES.—The Advisory Committee may 
adopt other rules as needed. 
(f) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
Committee. 
(g) IMPLEMENTING RECOMMENDATIONS.—The Commission shall 
have the authority to promulgate regulations to implement the 
recommendations proposed by the Advisory Committee, as well 
as any other regulations, technical standards, protocols, and proce-
dures as are necessary to achieve reliable, interoperable communica-
tion that ensures access by individuals with disabilities to an Inter-
net protocol-enabled emergency network, where achievable and 
technically feasible. 
(h) DEFINITIONS.—In this section— 
(1) the term ‘‘Commission’’ means the Federal Communica-
tions Commission; 
(2) the term ‘‘Chairman’’ means the Chairman of the Fed-
eral Communications Commission; and 
(3) except as otherwise expressly provided, other terms 
have the meanings given such terms in section 3 of the Commu-
nications Act of 1934 (47 U.S.C. 153). 
TITLE II—VIDEO PROGRAMMING 
SEC. 201. VIDEO PROGRAMMING AND EMERGENCY ACCESS ADVISORY 
COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 60 days after the date 
of enactment of this Act, the Chairman shall establish an advisory 
Deadline. 
47 USC 613 note. 
Deadline. 
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124 STAT. 2765 
PUBLIC LAW 111–260—OCT. 8, 2010 
committee to be known as the Video Programming and Emergency 
Access Advisory Committee. 
(b) MEMBERSHIP.—As soon as practicable after the date of enact-
ment of this Act, the Chairman shall appoint individuals who 
have the technical knowledge and engineering expertise to serve 
on the Advisory Committee in the fulfillment of its duties, including 
the following: 
(1) Representatives of distributors and providers of video 
programming or a national organization representing such 
distributors. 
(2) Representatives of vendors, developers, and manufactur-
ers of systems, facilities, equipment, and capabilities for the 
provision of video programming delivered using Internet pro-
tocol or a national organization representing such vendors, 
developers, or manufacturers. 
(3) Representatives of manufacturers of consumer elec-
tronics or information technology equipment or a national 
organization representing such manufacturers. 
(4) Representatives of video programming producers or a 
national organization representing such producers. 
(5) Representatives of national organizations representing 
accessibility advocates, including individuals with disabilities 
and the elderly. 
(6) Representatives of the broadcast television industry 
or a national organization representing such industry. 
(7) Other individuals with technical and engineering exper-
tise, as the Chairman determines appropriate. 
(c) COMMISSION OVERSIGHT.—The Chairman shall appoint a 
member of the Commission’s staff to moderate and direct the work 
of the Advisory Committee. 
(d) TECHNICAL
STAFF.—The Commission shall appoint a 
member of the Commission’s technical staff to provide technical 
assistance to the Advisory Committee. 
(e) DEVELOPMENT OF RECOMMENDATIONS.— 
(1) CLOSED CAPTIONING REPORT.—Within 6 months after 
the date of the first meeting of the Advisory Committee, the 
Advisory Committee shall develop and submit to the Commis-
sion a report that includes the following: 
(A) A recommended schedule of deadlines for the provi-
sion of closed captioning service. 
(B) An identification of the performance requirement 
for protocols, technical capabilities, and technical proce-
dures needed to permit content providers, content distribu-
tors, Internet service providers, software developers, and 
device manufacturers to reliably encode, transport, receive, 
and render closed captions of video programming, except 
for consumer generated media, delivered using Internet 
protocol. 
(C) An identification of additional protocols, technical 
capabilities, and technical procedures beyond those avail-
able as of the date of enactment of the Twenty-First Cen-
tury Communications and Video Accessibility Act of 2010 
for the delivery of closed captions of video programming, 
except for consumer generated media, delivered using Inter-
net protocol that are necessary to meet the performance 
objectives identified under subparagraph (B). 
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124 STAT. 2766 
PUBLIC LAW 111–260—OCT. 8, 2010 
(D) A recommendation for technical standards to 
address the performance objectives identified in subpara-
graph (B). 
(E) A recommendation for any regulations that may 
be necessary to ensure compatibility between video 
programming, except for consumer generated media, deliv-
ered using Internet protocol and devices capable of 
receiving and displaying such programming in order to 
facilitate access to closed captions. 
(2) VIDEO
DESCRIPTION, EMERGENCY
INFORMATION, USER 
INTERFACES, AND VIDEO PROGRAMMING GUIDES AND MENUS.— 
Within 18 months after the date of enactment of this Act, 
the Advisory Committee shall develop and submit to the 
Commission a report that includes the following: 
(A) A recommended schedule of deadlines for the provi-
sion of video description and emergency information. 
(B) An identification of the performance requirement 
for protocols, technical capabilities, and technical proce-
dures needed to permit content providers, content distribu-
tors, Internet service providers, software developers, and 
device manufacturers to reliably encode, transport, receive, 
and render video descriptions of video programming, except 
for consumer generated media, and emergency information 
delivered using Internet protocol or digital broadcast tele-
vision. 
(C) An identification of additional protocols, technical 
capabilities, and technical procedures beyond those avail-
able as of the date of enactment of the Twenty-First Cen-
tury Communications and Video Accessibility Act of 2010 
for the delivery of video descriptions of video programming, 
except for consumer generated media, and emergency 
information delivered using Internet protocol that are nec-
essary to meet the performance objectives identified under 
subparagraph (B). 
(D) A recommendation for technical standards to 
address the performance objectives identified in subpara-
graph (B). 
(E) A recommendation for any regulations that may 
be necessary to ensure compatibility between video 
programming, except for consumer generated media, deliv-
ered using Internet protocol and devices capable of 
receiving and displaying such programming, except for con-
sumer generated media, in order to facilitate access to 
video descriptions and emergency information. 
(F) With respect to user interfaces, a recommendation 
for the standards, protocols, and procedures used to enable 
the functions of apparatus designed to receive or display 
video programming transmitted simultaneously with sound 
(including apparatus designed to receive or display video 
programming transmitted by means of services using Inter-
net protocol) to be accessible to and usable by individuals 
with disabilities. 
(G) With respect to user interfaces, a recommendation 
for the standards, protocols, and procedures used to enable 
on-screen text menus and other visual indicators used to 
access the functions on an apparatus described in subpara-
graph (F) to be accompanied by audio output so that such 
Deadline. 
Reports. 
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124 STAT. 2767 
PUBLIC LAW 111–260—OCT. 8, 2010 
menus or indicators are accessible to and usable by individ-
uals with disabilities. 
(H) With respect to video programming guides and 
menus, a recommendation for the standards, protocols, and 
procedures used to enable video programming information 
and selection provided by means of a navigation device, 
guide, or menu to be accessible in real-time by individuals 
who are blind or visually impaired. 
(3) 
CONSIDERATION
OF
WORK
BY
STANDARD-SETTING 
ORGANIZATIONS.—The recommendations of the advisory com-
mittee shall, insofar as possible, incorporate the standards, 
protocols, and procedures that have been adopted by recognized 
industry standard-setting organizations for each of the purposes 
described in paragraphs (1) and (2). 
(f) MEETINGS.— 
(1) INITIAL MEETING.—The initial meeting of the Advisory 
Committee shall take place not later than 180 days after the 
date of the enactment of this Act. 
(2) OTHER
MEETINGS.—After the initial meeting, the 
Advisory Committee shall meet at the call of the Chairman. 
(3) NOTICE; OPEN
MEETINGS.—Any meeting held by the 
Advisory Committee shall be noticed at least 14 days before 
such meeting and shall be open to the public. 
(g) PROCEDURAL RULES.— 
(1) QUORUM.—The presence of one-third of the members 
of the Advisory Committee shall constitute a quorum for con-
ducting the business of the Advisory Committee. 
(2) SUBCOMMITTEES.—To assist the Advisory Committee 
in carrying out its functions, the Chairman may establish 
appropriate subcommittees composed of members of the 
Advisory Committee and other subject matter experts. 
(3) ADDITIONAL PROCEDURAL RULES.—The Advisory Com-
mittee may adopt other procedural rules as needed. 
(h) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
Committee. 
SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING. 
(a) VIDEO DESCRIPTION.—Section 713 of the Communications 
Act of 1934 (47 U.S.C. 613) is amended— 
(1) by striking subsections (f) and (g); 
(2) by redesignating subsection (h) as subsection (j); and 
(3) by inserting after subsection (e) the following: 
‘‘(f) VIDEO DESCRIPTION.— 
‘‘(1) REINSTATEMENT OF REGULATIONS.—On the day that 
is 1 year after the date of enactment of the Twenty-First 
Century Communications and Video Accessibility Act of 2010, 
the Commission shall, after a rulemaking, reinstate its video 
description regulations contained in the Implementation of 
Video Description of Video Programming Report and Order 
(15 F.C.C.R. 15,230 (2000)), recon. granted in part and denied 
in part, (16 F.C.C.R. 1251 (2001)), modified as provided in 
paragraph (2). 
‘‘(2) MODIFICATIONS
TO
REINSTATED
REGULATIONS.—Such 
regulations shall be modified only as follows: 
Deadline. 
Deadline. 
Deadline. 
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124 STAT. 2768 
PUBLIC LAW 111–260—OCT. 8, 2010 
‘‘(A) The regulations shall apply to video programming, 
as defined in subsection (h), insofar as and programming 
is transmitted for display on television in digital format. 
‘‘(B) The Commission shall update the list of the top 
25 designated market areas, the list of the top 5 national 
nonbroadcast networks that at least 50 hours per quarter 
of prime time programming that is not exempt under this 
paragraph, and the beginning calendar quarter for which 
compliance shall be calculated. 
‘‘(C) The regulations may permit a provider of video 
programming or a program owner to petition the Commis-
sion for an exemption from the requirements of this section 
upon a showing that the requirements contained in this 
section be economically burdensome. 
‘‘(D) The Commission may exempt from the regulations 
established pursuant to paragraph (1) a service, class of 
services, program, class of programs, equipment, or class 
of equipment for which the Commission has determined 
that the application of such regulations would be economi-
cally burdensome for the provider of such service, program, 
or equipment. 
‘‘(E) The regulations shall not apply to live or near- 
live programming. 
‘‘(F) The regulations shall provide for an appropriate 
phased schedule of deadlines for compliance. 
‘‘(G) The Commission shall consider extending the 
exemptions and limitations in the reinstated regulations 
for technical capability reasons to all providers and owners 
of video programming. 
‘‘(3) INQUIRIES ON FURTHER VIDEO DESCRIPTION REQUIRE-
MENTS.—The Commission shall commence the following 
inquiries not later than 1 year after the completion of the 
phase-in of the reinstated regulations and shall report to Con-
gress 1 year thereafter on the findings for each of the following: 
‘‘(A) VIDEO
DESCRIPTION
IN
TELEVISION
PROGRAM-
MING.—The availability, use, and benefits of video descrip-
tion on video programming distributed on television, the 
technical and creative issues associated with providing such 
video description, and the financial costs of providing such 
video description for providers of video programming and 
program owners. 
‘‘(B) VIDEO
DESCRIPTION
IN
VIDEO
PROGRAMMING 
DISTRIBUTED ON THE INTERNET.—The technical and oper-
ational issues, costs, and benefits of providing video descrip-
tions for video programming that is delivered using Inter-
net protocol. 
‘‘(4) CONTINUING COMMISSION AUTHORITY.— 
‘‘(A) IN GENERAL.—The Commission may not issue addi-
tional regulations unless the Commission determines, at 
least 2 years after completing the reports required in para-
graph (3), 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. 
‘‘(B) LIMITATION.—If the Commission makes the deter-
mination under subparagraph (A) and issues additional 
Determination. 
Deadlines. 
Reports. 
Lists. 
Deadlines. 
Applicability. 
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124 STAT. 2769 
PUBLIC LAW 111–260—OCT. 8, 2010 
regulations, the Commission may not increase, in total, 
the hour requirement for additional described programming 
by more than 75 percent of the requirement in the regula-
tions reinstated under paragraph (1). 
‘‘(C) APPLICATION TO DESIGNATED MARKET AREAS.— 
‘‘(i) IN GENERAL.—After the Commission completes 
the reports on video description required in paragraph 
(3), the Commission shall phase in the video descrip-
tion regulations for the top 60 designated market areas, 
except that the Commission may grant waivers to enti-
ties in specific designated market areas where it deems 
appropriate. 
‘‘(ii) PHASE-IN DEADLINE.—The phase-in described 
in clause (i) shall be completed not later than 6 years 
after the date of enactment of the Twenty-First Cen-
tury Communications and Video Accessibility Act of 
2010. 
‘‘(iii) REPORT.—Nine years after the date of enact-
ment of the Twenty-First Century Communications 
and Video Accessibility Act of 2010, the Commission 
shall submit to the Committee on Energy of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
assessing— 
‘‘(I) the types of described video programming 
that is available to consumers; 
‘‘(II) consumer use of such programming; 
‘‘(III) the costs to program owners, providers, 
and distributors of creating such programming; 
‘‘(IV) the potential costs to program owners, 
providers, and distributors in designated market 
areas outside of the top 60 of creating such 
programming; 
‘‘(V) the benefits to consumers of such 
programming; 
‘‘(VI) the amount of such programming cur-
rently available; and 
‘‘(VII) the need for additional described 
programming in designated market areas outside 
the top 60. 
‘‘(iv) ADDITIONAL MARKET AREAS.—Ten years after 
the date of enactment of the Twenty-First Century 
Communications and Video Accessibility Act of 2010, 
the Commission shall have the authority, based upon 
the findings, conclusions, and recommendations con-
tained in the report under clause (iii), to phase in 
the video description regulations for up to an additional 
10 designated market areas each year— 
‘‘(I) if the costs of implementing the video 
description regulations to program owners, pro-
viders, and distributors in those additional mar-
kets are reasonable, as determined by the Commis-
sion; and 
‘‘(II) except that the Commission may grant 
waivers to entities in specific designated market 
areas where it deems appropriate. 
Waiver authority. 
Waiver authority. 
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124 STAT. 2770 
PUBLIC LAW 111–260—OCT. 8, 2010 
‘‘(g) EMERGENCY INFORMATION.—Not later than 1 year after 
the Advisory Committee report under subsection (e)(2) is submitted 
to the Commission, the Commission shall complete a proceeding 
to— 
‘‘(1) identify methods to convey emergency information (as 
that term is defined in section 79.2 of title 47, Code of Federal 
Regulations) in a manner accessible to individuals who are 
blind or visually impaired; and 
‘‘(2) promulgate regulations that require video program-
ming providers and video programming distributors (as those 
terms are defined in section 79.1 of title 47, Code of Federal 
Regulations) and program owners to convey such emergency 
information in a manner accessible to individuals who are 
blind or visually impaired. 
‘‘(h) DEFINITIONS.—For purposes of this section, section 303, 
and section 330: 
‘‘(1) VIDEO
DESCRIPTION.—The term ‘video description’ 
means the insertion of audio narrated descriptions of a tele-
vision program’s key visual elements into natural pauses 
between the program’s dialogue. 
‘‘(2) VIDEO PROGRAMMING.—The term ‘video programming’ 
means programming by, or generally considered comparable 
to programming provided by a television broadcast station, 
but not including consumer-generated media (as defined in 
section 3). 
(b) CLOSED CAPTIONING ON VIDEO PROGRAMMING DELIVERED 
USING INTERNET PROTOCOL.—Section 713 of such Act is further 
amended by striking subsection (c) and inserting the following: 
‘‘(c) DEADLINES FOR CAPTIONING.— 
‘‘(1) IN GENERAL.—The regulations prescribed pursuant to 
subsection (b) shall include an appropriate schedule of deadlines 
for the provision of closed captioning of video programming 
once published or exhibited on television. 
‘‘(2) DEADLINES FOR PROGRAMMING DELIVERED USING INTER-
NET PROTOCOL.— 
‘‘(A) REGULATIONS ON CLOSED CAPTIONING ON VIDEO 
PROGRAMMING DELIVERED USING INTERNET PROTOCOL.—Not 
later than 6 months after the submission of the report 
to the Commission required by subsection (e)(1) of the 
Twenty-First Century Communications and Video Accessi-
bility Act of 2010, the Commission shall revise its regula-
tions to require the provision of closed captioning on video 
programming delivered using Internet protocol that was 
published or exhibited on television with captions after 
the effective date of such regulations. 
‘‘(B) SCHEDULE.—The regulations prescribed under this 
paragraph shall include an appropriate schedule of dead-
lines for the provision of closed captioning, taking into 
account whether such programming is prerecorded and 
edited for Internet distribution, or whether such program-
ming is live or near-live and not edited for Internet dis-
tribution. 
‘‘(C) COST.—The Commission may delay or waive the 
regulation promulgated under subparagraph (A) to the 
extent the Commission finds that the application of the 
regulation to live video programming delivered using Inter-
net protocol with captions after the effective date of such 
Waiver authority. 
47 USC 613. 
Regulations. 
Deadline. 
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124 STAT. 2771 
PUBLIC LAW 111–260—OCT. 8, 2010 
regulations would be economically burdensome to providers 
of video programming or program owners. 
‘‘(D) REQUIREMENTS
FOR
REGULATIONS.—The regula-
tions prescribed under this paragraph— 
‘‘(i) shall contain a definition of ‘near-live program-
ming’ and ‘edited for Internet distribution’; 
‘‘(ii) may exempt any service, class of service, pro-
gram, class of program, equipment, or class of equip-
ment for which the Commission has determined that 
the application of such regulations would be economi-
cally burdensome for the provider of such service, pro-
gram, or equipment; 
‘‘(iii) shall clarify that, for the purposes of 
implementation, of this subsection, the terms ‘video 
programming distribution’ and ‘video programming 
providers’ include an entity that makes available 
directly to the end user video programming through 
a distribution method that uses Internet protocol; 
‘‘(iv) and describe the responsibilities of video 
programming providers or distributors and video 
programming owners; 
‘‘(v) shall establish a mechanism to make available 
to video progamming providers and distributors 
information on video programming subject to the Act 
on an ongoing basis; 
‘‘(vi) shall consider that the video programming 
provider or distributor shall be deemed in compliance 
if such entity enables the rendering or pass through 
of closed captions and video description signals and 
make a good faith effort to identify video programming 
subject to the Act using the mechanism created in 
(v); and 
‘‘(vii) shall provide that de minimis failure to 
comply with such regulations by a video programming 
provider or owner shall not be treated as a violation 
of the regulations. 
‘‘(3) ALTERNATE MEANS OF COMPLIANCE.—An entity may 
meet the requirements of this section through alternate means 
than those prescribed by regulations pursuant to subsection 
(b), as revised pursuant to paragraph (2)(A) of this subsection, 
if the requirements of this section are met, as determined 
by the Commission.’’. 
(c) CONFORMING AMENDMENT.—Section 713(d) of such Act is 
amended by striking paragraph (3) and inserting the following: 
‘‘(3) a provider of video programming or program owner 
may petition the Commission for an exemption from the 
requirements of this section, and the Commission may grant 
such petition upon a showing that the requirements contained 
in this section would be economically burdensome. During the 
pendency of such a petition, such provider or owner shall be 
exempt from the requirements of this section. The Commission 
shall act to grant or deny any such petition, in whole or in 
part, within 6 months after the Commission receives such peti-
tion, unless the Commission finds that an extension of the 
6-month period is necessary to determine whether such require-
ments are economically burdensome.’’. 
Deadline. 
47 USC 613. 
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124 STAT. 2772 
PUBLIC LAW 111–260—OCT. 8, 2010 
SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DESCRIPTION 
CAPABILITY. 
(a) AUTHORITY TO REGULATE.—Section 303(u) of the Commu-
nications Act of 1934 (47 U.S.C. 303(u)) is amended to read as 
follows: 
‘‘(u) Require that, if technically feasible— 
‘‘(1) 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— 
‘‘(A) be equipped with built-in closed caption 
decoder circuitry or capability designed to display 
closed-captioned video programming; 
‘‘(B) have the capability to decode and make avail-
able the transmission and delivery of video description 
services as required by regulations reinstated and 
modified pursuant to section 713(f); and 
‘‘(C) have the capability to decode and make avail-
able emergency information (as that term is defined 
in section 79.2 of the Commission’s regulations (47 
CFR 79.2)) in a manner that is accessible to individuals 
who are blind or visually impaired; and 
‘‘(2) notwithstanding paragraph (1) of this subsection— 
‘‘(A) apparatus described in such paragraph that 
use a picture screen that is less than 13 inches in 
size meet the requirements of subparagraph (A), (B), 
or (C) of such paragraph only if the requirements of 
such subparagraphs are achievable (as defined in sec-
tion 716); 
‘‘(B) any apparatus or class of apparatus that are 
display-only video monitors with no playback capability 
are exempt from the requirements of such paragraph; 
and 
‘‘(C) the Commission shall have the authority, on 
its own motion or in response to a petition by a manu-
facturer, to waive the requirements of this subsection 
for any apparatus or class of apparatus— 
‘‘(i) primarily designed for activities other than 
receiving or playing back video programming 
transmitted simultaneously with sound; or 
‘‘(ii) for equipment designed for multiple pur-
poses, capable of receiving or playing video 
programming transmitted simultaneously with 
sound but whose essential utility is derived from 
other purposes.’’. 
(b) OTHER DEVICES.—Section 303 of the Communications Act 
of 1934 (47 U.S.C. 303) is further amended by adding at the end 
the following new subsection: 
‘‘(z) Require that— 
‘‘(1) if achievable (as defined in section 716), apparatus 
designed to record video programming transmitted simulta-
neously 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 informa-
tion (as that term is defined in section 79.2 of title 47, 
Waiver authority. 
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124 STAT. 2773 
PUBLIC LAW 111–260—OCT. 8, 2010 
Code of Federal Regulations) such that viewers are able 
to activate and de-activate 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 dig-
ital 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.’’. 
(c) SHIPMENT IN COMMERCE.—Section 330(b) of the Communica-
tions Act of 1934 (47 U.S.C. 330(b)) is amended— 
(1) by striking ‘‘303(u)’’ in the first sentence and inserting 
‘‘303(u) and (z)’’; 
(2) by striking the second sentence and inserting the fol-
lowing: ‘‘Such rules shall provide performance and display 
standards for such built-in decoder circuitry or capability 
designed to display closed captioned video programming, the 
transmission and delivery of video description services, and 
the conveyance of emergency information as required by section 
303 of this Act.’’; and 
(3) in the fourth sentence, by striking ‘‘closed-captioning 
service continues’’ and inserting ‘‘closed-captioning service and 
video description service continue’’. 
(d) IMPLEMENTING REGULATIONS.—The Federal Communica-
tions Commission shall prescribe such regulations as are necessary 
to implement the requirements of sections 303(u), 303(z), and 330(b) 
of the Communications Act of 1934, as amended by this section, 
including any technical standards, protocols, and procedures needed 
for the transmission of— 
(1) closed captioning within 6 months after the submission 
to the Commission of the Advisory Committee report required 
by section 201(e)(1); and 
(2) video description and emergency information within 
18 months after the submission to the Commission of the 
Advisory Committee report required by section 201(e)(2). 
(e) ALTERNATE MEANS OF COMPLIANCE.—An entity may meet 
the requirements of sections 303(u), 303(z), and 330(b) of the 
Communications Act of 1934 through alternate means than those 
prescribed by regulations pursuant to subsection (d) if the require-
ments of those sections are met, as determined by the Commission. 
SEC. 204. USER INTERFACES ON DIGITAL APPARATUS. 
(a) AMENDMENT.—Section 303 of the Communications Act of 
1934 (47 U.S.C. 303) is further amended by adding after subsection 
(z), as added by section 203 of this Act, the following new subsection: 
‘‘(aa) Require— 
‘‘(1) if achievable (as defined in section 716) that digital 
apparatus designed to receive or play back video program-
ming 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 who are blind 
or visually impaired, except that the Commission may not 
47 USC 303 note. 
47 USC 303 note. 
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124 STAT. 2774 
PUBLIC LAW 111–260—OCT. 8, 2010 
specify the technical standards, protocols, procedures, and 
other technical requirements for meeting this requirement; 
‘‘(2) that if on-screen text menus or other visual indica-
tors built in to the digital apparatus are used to access 
the functions of the apparatus described in paragraph (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) that for such apparatus equipped with the func-
tions described in paragraphs (1) and (2) built in access 
to those closed captioning and video description features 
through a mechanism that is reasonably comparable to 
a button, key, or icon designated by activating the closed 
captioning or accessibility features; and 
‘‘(4) that in applying this subsection the term ‘appa-
ratus’ does not include a navigation device, as such term 
is defined in section 76.1200 of the Commission’s rules 
(47 CFR 76.1200).’’. 
(b) IMPLEMENTING REGULATIONS.—Within 18 months after the 
submission to the Commission of the Advisory Committee report 
required by section 201(e)(2), the Commission shall prescribe such 
regulations as are necessary to implement the amendments made 
by subsection (a). 
(c) ALTERNATE MEANS OF COMPLIANCE.—An entity may meet 
the requirements of section 303(aa) of the Communications Act 
of 1934 through alternate means than those prescribed by regula-
tions pursuant to subsection (b) if the requirements of those sections 
are met, as determined by the Commission. 
(d) DEFERRAL
OF
COMPLIANCE
WITH
ATSC MOBILE
DTV 
STANDARD A/153.—A digital apparatus designed and manufactured 
to receive or play back the Advanced Television Systems Commit-
tee’s Mobile DTV Standards A/153 shall not be required to meet 
the requirements of the regulations prescribed under subsection 
(b) for a period of not less than 24 months after the date on 
which the final regulations are published in the Federal Register. 
SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS PRO-
VIDED ON NAVIGATION DEVICES. 
(a) AMENDMENT.—Section 303 of the Communications Act of 
1934 (47 U.S.C. 303) is further amended by adding after subsection 
(aa), as added by section 204 of this Act, the following new sub-
section: 
‘‘(bb) Require— 
‘‘(1) if achievable (as defined in section 716), that the on- 
screen text menus and guides provided by navigation devices 
(as such term is defined in section 76.1200 of title 47, Code 
of Federal Regulations) for the display or selection of multi-
channel video programming are audibly accessible in real-time 
upon request by individuals who are blind or visually impaired, 
except that the Commission may not specify the technical stand-
ards, protocols, procedures, and other technical requirements 
for meeting this requirement; and 
‘‘(2) for navigation devices with built-in closed captioning 
capability, that access to that capability through a mechanism 
Time period. 
Federal Register, 
publication. 
47 USC 303 note. 
47 USC 303 note. 
Deadline. 
47 USC 303 note. 
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124 STAT. 2775 
PUBLIC LAW 111–260—OCT. 8, 2010 
is reasonably comparable to a button, key, or icon designated 
for activating the closed captioning, or accessibility features. 
With respect to apparatus features and functions delivered in soft-
ware, the requirements set forth in this subsection shall apply 
to the manufacturer of such software. With respect to apparatus 
features and functions delivered in hardware, the requirements 
set forth in this subsection shall apply to the manufacturer of 
such hardware.’’. 
(b) IMPLEMENTING REGULATIONS.— 
(1) IN GENERAL.—Within 18 months after the submission 
to the Commission of the Advisory Committee report required 
by section 201(e)(2), the Commission shall prescribe such regu-
lations as are necessary to implement the amendment made 
by subsection (a). 
(2) EXEMPTION.—Such regulations may provide an exemp-
tion from the regulations for cable systems serving 20,000 
or fewer subscribers. 
(3) RESPONSIBILITY.—An entity shall only be responsible 
for compliance with the requirements added by this section 
with respect to navigation devices that it provides to a 
requesting blind or visually impaired individual. 
(4) SEPARATE EQUIPMENT OR SOFTWARE.— 
(A) IN GENERAL.—Such regulations shall permit but 
not require the entity providing the navigation device to 
the requesting blind or visually impaired individual to 
comply with section 303(bb)(1) of the Communications Act 
of 1934 through that entity’s use of software, a peripheral 
device, specialized consumer premises equipment, a net-
work-based service or other solution, and shall provide 
the maximum flexibility to select the manner of compliance. 
(B) REQUIREMENTS.—If an entity complies with section 
303(bb)(1) of the Communications Act of 1934 under 
subparagraph (A), the entity providing the navigation 
device to the requesting blind or visually impaired indi-
vidual shall provide any such software, peripheral device, 
equipment, service, or solution at no additional charge 
and within a reasonable time to such individual and shall 
ensure that such software, device, equipment, service, or 
solution provides the access required by such regulations. 
(5) USER CONTROLS FOR CLOSED CAPTIONING.—Such regula-
tions shall permit the entity providing the navigation device 
maximum flexibility in the selection of means for compliance 
with section 303(bb)(2) of the Communications Act of 1934 
(as added by subsection (a) of this section). 
(6) PHASE-IN.— 
(A) IN
GENERAL.—The Commission shall provide 
affected entities with— 
(i) not less than 2 years after the adoption of 
such regulations to begin placing in service devices 
that comply with the requirements of section 303(bb)(2) 
of the Communications Act of 1934 (as added by sub-
section (a) of this section); and 
(ii) not less than 3 years after the adoption of 
such regulations to begin placing in service devices 
that comply with the requirements of section 303(bb)(1) 
of the Communications Act of 1934 (as added by sub-
section (a) of this section). 
Deadlines. 
Deadline. 
47 USC 303 note. 
Applicability. 
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124 STAT. 2776 
PUBLIC LAW 111–260—OCT. 8, 2010 
LEGISLATIVE HISTORY—S. 3304: 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Aug. 5, considered and passed Senate. 
Sept. 28, considered and passed House. 
(B) APPLICATION.—Such regulations shall apply only 
to devices manufactured or imported on or after the respec-
tive effective dates established in subparagraph (A). 
SEC. 206. DEFINITIONS. 
In this title: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 
means the advisory committee established in section 201. 
(2) CHAIRMAN.—The term ‘‘Chairman’’ means the Chairman 
of the Federal Communications Commission. 
(3) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Communications Commission. 
(4) EMERGENCY
INFORMATION.—The term ‘‘emergency 
information’’ has the meaning given such term in section 79.2 
of title 47, Code of Federal Regulations. 
(5) INTERNET
PROTOCOL.—The term ‘‘Internet protocol’’ 
includes Transmission Control Protocol and a successor protocol 
or technology to Internet protocol. 
(6) NAVIGATION DEVICE.—The term ‘‘navigation device’’ has 
the meaning given such term in section 76.1200 of title 47, 
Code of Federal Regulations. 
(7) VIDEO DESCRIPTION.—The term ‘‘video description’’ has 
the meaning given such term in section 713 of the Communica-
tions Act of 1934 (47 U.S.C. 613). 
(8) VIDEO PROGRAMMING.—The term ‘‘video programming’’ 
has the meaning given such term in section 713 of the Commu-
nications Act of 1934 (47 U.S.C. 613). 
Approved October 8, 2010. 
47 USC 153 note. 
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