Congressional Record
Proceedings, Debates of the U.S. Congress
September 28, 2010
111th Congress, 2nd Session
Issue: Vol. 156, No. 132 — Daily Edition
Sections in This Issue:
All in House sectionPrev94 of 146Next
TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010
(House of Representatives - September 28, 2010)
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[Pages H7168-H7176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010
Mr. MARKEY of Massachusetts. Mr. Speaker, I move to suspend the rules
and pass the bill (S. 3304) to increase the access of persons with
disabilities to modern communications, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 3304
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
person 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 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, such as a
directory, index, reference, pointer, menu, guide, user
interface, or hypertext link, 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.
(b) Exception.--The limitation on liability under
subsection (a) shall not apply to any person who relies on
third party applications, services, software, hardware, or
equipment to comply with 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 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
Disabilities Act of 1990 (42 U.S.C. 12102).
``(56) Electronic messaging service.--The term `electronic
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
`interconnected VoIP service' has the meaning given such term
under section 9.3 of title 47, Code of Federal Regulations,
as such section may be amended from time to time.
``(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
interconnected VoIP service.
``(59) Interoperable video conferencing service.--The term
`interoperable video conferencing service' means a service
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
paragraphs added by paragraph (1) of this section in
alphabetical order based on the headings of such paragraphs
and renumbering 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
subsection (c), the Commission shall require that customer
premises equipment described in this paragraph provide
internal means for effective use with hearing
[[Page H7169]]
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 exemptions for telephones and other
customer premises 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
``telephones 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
Communications Act of 1934 (47 U.S.C. 610(c)) is amended by
adding at the end the following: ``A telephone or other
customer premises equipment that is compliant with relevant
technical standards developed through a public participation
process and in consultation with interested consumer
stakeholders (designated by the Commission for the purposes
of this section) will be considered hearing aid compatible
for purposes of this section, until such time as the
Commission may determine otherwise. The Commission shall
consult with the public, including people with hearing loss,
in establishing or approving such technical standards. The
Commission may delegate this authority to an employee
pursuant to section 5(c). The Commission shall remain the
final arbiter as to whether the standards meet the
requirements of this section.''.
(c) Rulemaking.--Section 710(e) of the 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
implementing the provisions of subsection (b)(1)(C), the
Commission shall use appropriate timetables or benchmarks to
the extent necessary (1) due to technical feasibility, or (2)
to ensure the marketability or availability of new
technologies to users.''.
(d) Rule of Construction.--Section 710(h) of the
Communications Act of 1934 (47 U.S.C. 610(h)) is amended to
read as follows:
``(h) Rule of Construction.--Nothing in the Twenty-First
Century Communications and Video 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.''.
SEC. 103. RELAY SERVICES.
(a) Definition.--Paragraph (3) of section 225(a) of the
Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended
to read as follows:
``(3) Telecommunications relay services.--The term
`telecommunications relay services' means telephone
transmission services that provide the ability for an
individual who is deaf, hard of hearing, deaf-blind, or who
has a speech disability to engage in communication by wire or
radio with one or more individuals, in a manner that is
functionally equivalent to the ability of a hearing
individual who does not have a speech disability to
communicate using voice communication services by wire or
radio.''.
(b) Internet Protocol-based Relay 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 section 64.604(c)(5)(iii) of
title 47, Code of Federal Regulations, as in effect on the
date of enactment of such Act, in a manner prescribed by the
Commission by regulation to provide for obligations of such
providers that are 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 manufacturer of equipment used for advanced communications
services, including end user equipment, network equipment,
and software, shall ensure that the equipment and software
that such manufacturer offers for sale or otherwise
distributes in interstate 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 manufacturer
offers is accessible to and usable by individuals with
disabilities without the use of third party applications,
peripheral devices, software, hardware, or customer premises
equipment; or
``(B) if such manufacturer chooses, using third party
applications, peripheral devices, software, hardware, or
customer premises equipment that is available to the consumer
at nominal cost and that individuals with 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
commerce are accessible to and usable by individuals with
disabilities, unless the requirements of this subsection are
not achievable.
``(2) Industry flexibility.--A provider of services may
satisfy the requirements of paragraph (1) with respect to
such services by--
``(A) ensuring that the services that such provider offers
are accessible to and usable by individuals with disabilities
without the use of third party applications, peripheral
devices, software, hardware, or customer premises equipment;
or
``(B) if such provider chooses, using third party
applications, peripheral devices, software, hardware, or
customer premises equipment that is available to the consumer
at nominal cost and that individuals with disabilities can
access.
``(c) Compatibility.--Whenever the requirements of
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 commonly 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
enactment 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
accessibility, usability, and compatibility of advanced
communications 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 incorporated into that content
for transmission through advanced communications services,
equipment used for advanced communications services, or
networks used to provide advanced communications services;
[[Page H7170]]
``(C) determine the obligations under this section of
manufacturers, service providers, and providers of
applications 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 manufacturers'
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
equipment 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
technologies.
``(3) The type of operations of the manufacturer or
provider.
``(4) The extent to which the service provider or
manufacturer in question offers accessible services or
equipment containing varying degrees of functionality and
features, and offered at differing price points.
``(h) Commission Flexibility.--
``(1) Waiver.--The Commission shall have the authority, on
its own motion or in response to a 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 communications
service; and
``(B) is designed for multiple purposes, but is designed
primarily for purposes other than using advanced
communications services.
``(2) Small entity exemption.--The 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 users as to be effectively available directly
to the public, regardless of the facilities used.
``(j) Rule of Construction.--This section shall not be
construed to require a manufacturer of equipment used for
advanced communications or a provider of advanced
communications services to make every feature and function of
every device or service accessible 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
Commission 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
establish separate and identifiable electronic, telephonic,
and physical receptacles for the receipt of complaints filed
under section 255, 716, or 718.
``(3) Complaints to the commission.--
``(A) In general.--Any person alleging a violation of
section 255, 716, or 718 by a 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 compliance 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 in
such response any factors that are relevant to such
determination. Before issuing a final order under paragraph
(3)(B)(i), the Commission shall provide such party a
reasonable opportunity 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 provider's
efforts to consult with individuals with disabilities.
``(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
manufacturer or provider pursuant to subparagraph (A) of this
paragraph that are directly relevant to the equipment or
service that is the subject of such complaint.
``(6) Failure to act.--If the Commission fails to carry out
any of its responsibilities to act upon a complaint in the
manner prescribed in 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
enactment 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:
``(A) An assessment of the level of compliance with
sections 255, 716, and 718.
``(B) An evaluation of the extent to which any
accessibility barriers still exist with respect to new
communications technologies.
``(C) The number and nature of complaints received pursuant
to subsection (a) during the two years that are the subject
of the report.
``(D) A description of the actions taken to resolve such
complaints under this section, including forfeiture penalties
assessed.
``(E) The length of time that was taken by the Commission
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 submission
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 requirements 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 complaints pursuant to
subsection (a).
[[Page H7171]]
``(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
requirements 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
Transportation of the Senate and the Committee on Energy and
Commerce 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 section may be modified or improved.
``(d) Clearinghouse.--Within one year after the date of
enactment 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 Administration, trade associations, and
organizations representing individuals with disabilities,
establish a clearinghouse of information on the availability
of accessible products and services and accessibility
solutions required under sections 255, 716, and 718. Such
information shall be made publicly available on the
Commission's website and by other means, and shall include an
annually updated list of products and services with access
features.
``(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
customer premises equipment; or
``(2) using third party applications, peripheral devices,
software, hardware, or customer premises equipment that is
available to the consumer at nominal cost and that
individuals with disabilities can access.''.
(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
requirements of section 255, 716, or 718, and is determined
by the Commission to have violated any such requirement, the
manufacturer or provider shall be liable to the United States
for a forfeiture penalty of not more than $100,000 for each
violation or each day of a continuing violation, except that
the amount assessed for any 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
Commission 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
following:
``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 Commission 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 purposes
of this subsection, the term `individuals who are deaf-blind'
has the same meaning given such term in the Helen Keller
National Center Act, as amended by the 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
enactment 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 Committee. 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
representatives.
(2) Subject matter experts.--Individuals who have the
technical knowledge and expertise to serve on the Advisory
Committee in the fulfillment of its duties, including
representatives of--
(A) providers of interconnected and non-interconnected VoIP
services;
(B) vendors, developers, and 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 Technology; and
(F) other individuals with such technical knowledge and
expertise.
(3) Representatives of other stakeholders and interested
parties.--Representatives of such other stakeholders 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 Committee shall conduct a national survey of
individuals with disabilities, 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 individuals with
disabilities and shall develop and submit to the Commission
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
necessary 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
equipment 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
[[Page H7172]]
technology 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
Commission's rules with respect to 9-1-1 services and E-911
services (as defined in section 158(e)(4) of the National
Telecommunications 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 services are adopted by
providers of such relay services; and
(8) that take into account what is technically and
economically 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 Chairman
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
appropriate 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
procedures as are necessary to achieve reliable,
interoperable communication that ensures access by
individuals with disabilities to an Internet protocol-enabled
emergency network, where achievable and technically feasible.
(h) Definitions.--In this section--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the term ``Chairman'' means the Chairman of the Federal
Communications Commission; and
(3) except as otherwise expressly provided, other terms
have the meanings given such terms in section 3 of the
Communications 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 committee to be known as the Video Programming and
Emergency Access Advisory Committee.
(b) Membership.--As soon as practicable after the date of
enactment 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
manufacturers of systems, facilities, equipment, and
capabilities for the provision of video programming delivered
using Internet protocol or a national organization
representing such vendors, developers, or manufacturers.
(3) Representatives of manufacturers of consumer
electronics 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
expertise, 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 Commission
a report that includes the following:
(A) A recommended schedule of deadlines for the provision
of closed captioning service.
(B) An identification of the performance requirement for
protocols, technical capabilities, and technical procedures
needed to permit content providers, content distributors,
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 available
as of the date of enactment of the Twenty-First Century
Communications and Video Accessibility Act of 2010 for the
delivery of closed captions of video programming, except for
consumer generated media, delivered using Internet protocol
that are necessary to meet the performance objectives
identified under subparagraph (B).
(D) A recommendation for technical standards to address the
performance objectives identified in subparagraph (B).
(E) A recommendation for any regulations that may be
necessary to ensure compatibility between video programming,
except for consumer generated media, delivered 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 provision
of video description and emergency information.
(B) An identification of the performance requirement for
protocols, technical capabilities, and technical procedures
needed to permit content providers, content distributors,
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 television.
(C) An identification of additional protocols, technical
capabilities, and technical procedures beyond those available
as of the date of enactment of the Twenty-First Century
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 necessary to meet
the performance objectives identified under subparagraph (B).
(D) A recommendation for technical standards to address the
performance objectives identified in subparagraph (B).
(E) A recommendation for any regulations that may be
necessary to ensure compatibility between video programming,
except for consumer generated media, delivered using Internet
protocol and devices capable of receiving and displaying such
programming, except for consumer 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 Internet 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 subparagraph (F)
to be accompanied by audio output so that such menus or
indicators are accessible to and usable by individuals 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 committee
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.--
[[Page H7173]]
(1) Quorum.--The presence of one-third of the members of
the Advisory Committee shall constitute a quorum for
conducting 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 Committee
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:
``(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 Commission 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 economically
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
requirements.--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
Congress 1 year thereafter on the findings for each of the
following:
``(A) Video description in television programming.--The
availability, use, and benefits of video description 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 operational issues, costs,
and benefits of providing video descriptions for video
programming that is delivered using Internet protocol.
``(4) Continuing commission authority.--
``(A) In general.--The Commission may not issue additional
regulations unless the Commission determines, at least 2
years after completing the reports required in paragraph (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
determination under subparagraph (A) and issues additional
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 regulations
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 description regulations
for the top 60 designated market areas, except that the
Commission may grant waivers to entities 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 Century Communications and
Video Accessibility Act of 2010.
``(iii) Report.--Nine years after the date of enactment 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 currently 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 contained 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, providers, and distributors in
those additional markets are reasonable, as determined by the
Commission; and
``(II) except that the Commission may grant waivers to
entities in specific designated market areas where it deems
appropriate.
``(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 programming
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
television 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 internet
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 Accessibility Act of 2010, the
Commission shall revise its regulations 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 deadlines
for the provision of closed captioning, taking into account
whether such programming is prerecorded and edited for
Internet distribution, or whether such programming is live or
near-live and not edited for Internet distribution.
``(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 Internet protocol
with captions after the effective date of such regulations
would be economically burdensome to providers of video
programming or program owners.
``(D) Requirements for regulations.--The regulations
prescribed under this paragraph--
``(i) shall contain a definition of `near-live programming'
and `edited for Internet distribution';
[[Page H7174]]
``(ii) may exempt any service, class of service, program,
class of program, equipment, or class of equipment for which
the Commission has determined that the application of such
regulations would be economically burdensome for the provider
of such service, program, 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
petition, unless the Commission finds that an extension of
the 6-month period is necessary to determine whether such
requirements are economically burdensome.''.
SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DESCRIPTION
CAPABILITY.
(a) Authority to Regulate.--Section 303(u) of the
Communications Act of 1934 (47 U.S.C. 303(u)) is amended to
read as follows:
``(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 available 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 available
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 section 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 manufacturer, 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 purposes,
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
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 (as that term is defined in section 79.2 of title
47, 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 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.''.
(c) Shipment in Commerce.--Section 330(b) of the
Communications 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
following: ``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 Communications
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
requirements 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
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 who are blind or
visually impaired, except that the Commission may not specify
the technical standards, protocols, procedures, and other
technical requirements for meeting this requirement;
``(2) that 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 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 functions
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 `apparatus'
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
regulations 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
Committee'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
PROVIDED 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
[[Page H7175]]
(aa), as added by section 204 of this Act, the following new
subsection:
``(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 multichannel 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 standards, 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 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
software, 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
regulations as are necessary to implement the amendment made
by subsection (a).
(2) Exemption.--Such regulations may provide an exemption
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 network-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 individual 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 regulations
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 subsection (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 subsection (a) of
this section).
(B) Application.--Such regulations shall apply only to
devices manufactured or imported on or after the respective
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 Federal
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
Communications 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
Communications Act of 1934 (47 U.S.C. 613).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Massachusetts (Mr. Markey) and the gentleman from Texas (Mr. Burgess)
each will control 20 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. MARKEY of Massachusetts. I yield myself such time as I may
consume.
Mr. Speaker, I would like to begin by commending subcommittee
Chairman Boucher for his incredible work on this issue. I also commend
Chairman Waxman, who dedicated a lot of time to making sure that this
piece of legislation would come to fruition here this evening. I would
also like to thank Chairman Stearns--Ranking Member Stearns on the
minority side--along with Mr. Barton, who is the ranking member of the
full committee, Mr. Burgess, and all of the minority members.
If you were to look up in the dictionary the words ``bipartisan
effort,'' this bill's number would be next to that effort.
{time} 2110
On July 26, the 20th anniversary of the Americans with Disabilities
Act, the House passed, by an overwhelming bipartisan margin of 348-23,
the 21st Century Communications and Video Accessibility Act that I'd
introduced last year to update the ADA for the digital era.
On August 5 the Senate passed the companion bill by unanimous
consent, and then on September 22 the Senate unanimously passed the
bill to make technical corrections to its companion bill. We are now
taking up both of these bills, and we'll send them, after passage, to
the President to be signed into law.
If you're an individual who's blind, deaf, or both, navigating an
intersection can be a challenge, but navigating the Internet can
sometimes be even more difficult; and that's because laws to ensure
equal treatment for Americans with disabilities have focused primarily
on things like wheelchair access rather than Web access. That is about
to change.
At this historic moment, I'd like to think that Helen Keller and
Annie Sullivan are looking down on us here tonight and smiling. This
picture was taken in 1888 in Brewster, Massachusetts, on Cape Cod.
Whether it is a braille reader or a broadband connection, access to
technology is not a political issue--it's a participation issue. Each
of us should be able to participate in the world to the fullest extent
possible, and the latest communications and video devices and services
can enrich and ennoble how Americans experience and enjoy their lives.
Coming out of the Energy and Commerce Committee's Telecommunications
Subcommittee over the last two decades have been a whole series of
legislative initiatives aimed at broadening access for Americans who
are disabled to technologies that can help them do things that most of
us take for granted.
In 1990, we made sure that Americans who are deaf could make
telephone calls.
Around the same time, 1990, we mandated that television shows be
closed captioned for the deaf so that they can enjoy the same
entertainment and other programming as many Americans. Many deaf and
hard-of-hearing people say that closed captioning is the single modern
accessibility technology that has changed their lives the most.
And in 1996, in the Telecommunications Act, we inserted language
which required accessibility of all telephone equipment, including
telephones, telephone calls, call waiting, speed dialing, caller ID,
and related services.
Twenty years ago, the ADA mandated physical ramps into buildings.
Today, individuals with disabilities need online ramps to the Internet
so that they can get to the Web from wherever they happen to be.
From the time of Helen Keller and Annie Sullivan through the
Americans with Disabilities Act to closed captioning for television
programming and ability of the deaf to make telephone calls, and now to
the 21st Century Communications and Video Accessibility Act on the
floor tonight, we've made important progress. We've moved from braille
to broadcast, from broadband to the BlackBerry.
Annie Sullivan used special language she spelled in Helen Keller's
palm. In
[[Page H7176]]
the 21st century, we've moved from tracing letters of the alphabet on a
palm to navigating a Palm Pilot, and we must ensure that all of these
devices are accessible to the deaf and the blind in our society. That's
what this legislation does here this evening.
Annie Sullivan was an incredibly dedicated and determined teacher.
Now, technology needs to be the teacher, the constant companion
providing instruction and access to the world and opportunities that
otherwise would be out of reach. Helen Keller did learn to speak--and
Helen Keller is still speaking to us tonight--about how all of us
should make the most of our abilities and participate in society to the
fullest, but we need the technologies to make that possible being made
accessible to each American.
The bill we are considering tonight significantly increases
accessibility for Americans with disabilities to the indispensable
telecommunications and video technology tools of the 21st century by
making getting on the Web easier through improved user interfaces for
smartphones; enabling Americans who are blind to enjoy TV more fully
through audible descriptions of the on-air action; making cable TV
program guides and selection menus accessible to people with vision
loss; providing Americans who are deaf the ability to watch new TV
programs online with the captions included; mandating that remote
controls have a button or similar mechanism to easily access the closed
captioning on broadcast and pay TV; requiring that telecom equipment
used to make calls over the Internet is compatible with hearing aids;
and for low-income Americans who are deaf and blind, providing a share
of the total $10 million per year of funding to purchase accessible
Internet access and telecom services so these individuals can more
fully participate in our society.
I thank my colleagues for their support for this landmark
legislation.
I reserve the balance of my time.
Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume.
This bill will help Americans with hearing or vision disabilities, or
those who have both, allow them access to 21st century technology and
prohibit the Federal Communications Commission from mandating
proprietary technologies, relying instead on advisory committees and
industry-developed technical standards.
The members of the House Energy and Commerce Committee, on a
bipartisan basis, supported this legislation when it moved through the
committee and the House in July. I want to commend my colleagues on the
other side of the aisle for working with the minority and with all of
the stakeholders to get a consensus. Because of that work, the bill
originally passed this House by a vote of 348-23.
We are now considering the Senate version in an effort to move the
bill quickly to the President. Unfortunately, the version from the
other body originally included a number of significant technical
errors. To fix those errors, the other body passed S. 3828 to make
corrections to their work.
As corrected, S. 3304, like the House bill, includes language
explicitly stating that the new provisions of the law shall not be
construed to require every feature and function, of every device or
service, to be accessible for every disability. Furthermore, the law
will create goals rather than impose technology mandates, which will
allow innovation in this area to flourish. In that same spirit, it
allows manufacturers and providers to rely on third-party solutions in
order to achieve accessibility for people with disabilities.
However, all businesses and their products are not created equal.
This bill recognizes that some small businesses and fledgling
entrepreneurs may not be able to bear the financial burden of these new
requirements, so there is the possibility of exemptions for small
businesses. The legislation also contemplates waivers for some
multifunction devices that are not primarily designed for advanced
communications, as well as authorizes the Federal Communications
Commission to grant waivers to address concerns of the electronics
community about very small devices.
I, again, want to thank the majority for working together on this
bill. I wish the rest of the legislation that has been considered in
this Congress could have been dealt with in such a collaborative
process.
With that, Mr. Speaker, I ask my colleagues to support the bill.
I reserve the balance of my time.
General Leave
Mr. MARKEY of Massachusetts. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days in which to revise and
extend their remarks and include extraneous material on S. 3304.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
Mr. MARKEY of Massachusetts. I yield myself such time as I may
consume.
This bill has been several years in the making. It's going to have a
transformative effect on the lives of the deaf and the blind in our
country, and ultimately in the world, because the technologies we
develop here will help all of the deaf and blind be able to use
information in this wireless world that all information is now
migrating to.
{time} 2120
I want to thank Roger Sherman, Tim Powderly, Sarah Fisher, Amy Levine
on the Democratic side. Neil Fried and Will Carty on the Republican
side for their great work. To Colin Crowell on my staff for many years,
who helped to conceptualize what it is that we are doing today. And
especially to Mark Bayer on my staff, who has worked tirelessly over
the last year and a half to bring this bill to fruition. Looking down I
think and smiling right now on this legislation are Karen Peltz
Strauss, Rosaline Crawford, Jenifer Simpson, Eric Bridges, Mark
Richert, Larry Goldberg, Steve Rothstein from the Perkins School, and
Mike Festa at the Carroll Center. Incredible advocates, and the
conscience of this issue, why we're here. I thank all who worked on
this legislation.
I urge an ``aye'' vote.
I yield back the balance of my time.
Mr. BURGESS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Massachusetts (Mr. Markey) that the House suspend the
rules and pass the bill, S. 3304.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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