II 109th CONGRESS 1st Session S. 900 IN THE SENATE OF THE UNITED STATES April 26, 2005 Mr. McCain (for himself, Mr. Harkin, Mr. Stevens, and Mr. Smith) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To reinstate the Federal Communications Commission’s rules for the description of video programming.

1.

Short title

This Act may be cited as the Television Information-Enhancement for the Visually Impaired Act or the TIVI Act.

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.

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.