[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4311 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4311

  To reinstate the Federal Communications Commission's rules for the 
                   description of video programming.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2004

  Mr. Markey introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To reinstate the Federal Communications Commission's rules for the 
                   description of video programming.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Video Description Restoration Act of 
2004''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Federal Communications Commission promulgated video 
        description rules that became effective in April of 2002.
            (2) Those video description rules were consistent with a 
        long line of policies pursued by the Commission and the 
        Congress to enhance access to telecommunications technology, 
        news, entertainment, and information for all Americans.
            (3) The video description rules required major networks and 
        cable channels in the top 25 markets to present at least 4 
        hours of described programming per week and required such 
        service in other markets where equipment was available to 
        provide video description.
            (4) The Commission's video description rules were struck 
        down by a court decision citing lack of authority for the 
        Commission to promulgate such rules.
            (5) The public interest would be served by clarifying the 
        Commission's authority to promulgate such rules and the intent 
        of Congress that such rules be restored.

SEC. 3. REINSTATEMENT OF VIDEO DESCRIPTION RULES.

    (a) Rules Reinstated.--The video description rules of the Federal 
Communications Commission contained in the report and order identified 
as Implementation of Video Description of Video Programming, Report and 
Order, 15 F.C.C.R. 15,230 (2000), shall, notwithstanding the decision 
of the United States Court of Appeals for the District of Columbia 
Circuit in Motion Picture Association of America, Inc., et al., v. 
Federal Communications Commission, et al. (309 F. 3d 796, November 8, 
2002), be considered to be authorized and ratified by law.
    (b) Continuing Authority of Commission.--The Federal Communications 
Commission--
            (1) shall, within 45 days after the date of enactment of 
        this Act, republish its video description rules contained in 
        the report and order identified as Implementation of Video 
        Description of Video Programming, Report and Order, 15 F.C.C.R. 
        15,230 (2000);
            (2) may amend, repeal, or otherwise modify such rules; and
            (3) shall initiate a proceeding within 180 days after the 
        date of enactment of this Act to consider whether it is 
        economically and technically feasible and consistent with the 
        public interest to include accessible information in its video 
        description rules.
    (c) Accessible Information Defined.--In this section, the term 
``accessible information'' may include written information displayed on 
television screens during regular programming, hazardous warnings and 
other emergency information, local and national news bulletins, and any 
other information the Commission deems appropriate.
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