[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6320 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6320

 To ensure that individuals with disabilities have access to emerging 
      Internet Protocol-based communication and video programming 
                   technologies in the 21st Century.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2008

  Mr. Markey (for himself, Mrs. Wilson of New Mexico, Mrs. Capps, Ms. 
 Solis, and Mr. Frank of Massachusetts) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To ensure that individuals with disabilities have access to emerging 
      Internet Protocol-based communication and video programming 
                   technologies in the 21st Century.

    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 2008''.
    (b) Table of Contents.--

Sec. 1. Short title; Table of contents.
                     TITLE I--COMMUNICATIONS ACCESS

Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to Internet-based services and equipment.
        ``Sec. 255A. Access to Internet-based services and equipment.
        ``Sec. 255B. Enforcement and reporting obligations.
Sec. 105. Universal service.
Sec. 106. Emergency access and real-time text support.
        ``Sec. 255C. Emergency access and real-time text support.
                      TITLE II--VIDEO PROGRAMMING

Sec. 201. Commission inquiry on closed captioning decoder and video 
                            description capability, user interfaces, 
                            and video programming guides and menus.
Sec. 202. Closed captioning decoder and video description capability.
Sec. 203. Video description and closed captioning.
Sec. 204. User interfaces regulations.
Sec. 205. Access to video programming guides and menus.

                     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) Disability.--The term `disability' has the meaning 
        given such term under section 3(2)(A) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)), as such 
        section may be amended from time to time.
            ``(54) Interconnected voip service.--The term 
        `interconnected VoIP service' has the meaning given such term 
        by section 9.3 of the Commission's rules (47 CFR 9.3).
            ``(55) IP-enabled communication service.--
                    ``(A) The term `IP-enabled communication service' 
                means a transmission service between or among points 
                specified by the user, of information of the user's 
                choosing, using the Internet protocol (or a successor 
                protocol) if such transmission is for the purpose of 
                enabling bilateral or multilateral voice, text, or 
                video communication, utilization of interactive voice 
                response or voice mail systems, or other similar 
                communications-based applications, and uses--
                            ``(i) an Internet connection from the 
                        user's location; and
                            ``(ii) customer premises equipment that is 
                        compatible with the Internet protocol (or a 
                        successor protocol).
                    ``(B) Such term includes any service that is an 
                interconnected VoIP service.''; 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) Amendment.--Section 710(b)(1) of the Communications Act of 1934 
(47 U.S.C. 610(b)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by inserting ``and'' after the comma at the end of 
        subparagraph (B); and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
            ``(C) all customer premises equipment used to provide an 
        IP-enabled communication service that provides voice 
        communication via a built-in speaker (typically held to the 
        ear) and that are manufactured in the United States (other than 
        for export) more than one year after the date of enactment of 
        the Twenty-first Century Communications and Video Accessibility 
        Act of 2008, or are shipped in interstate commerce in the 
        United States more than one year after such date,''.

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 that provides the ability for an individual who is 
        deaf or hard of hearing 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-Based Telecommunications Relay Services.--Section 225 
of such Act is further amended--
            (1) by inserting ``by Common Carriers'' after ``Provision 
        of Services'' in the heading of subsection (c);
            (2) by redesignating subsections (e), (f), and (g) as 
        subsections (f), (g), and (h), respectively;
            (3) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Internet-Based Telecommunications Relay Services.--Within one 
year after the date of enactment of the Twenty-first Century 
Communications and Video Accessibility Act of 2008, each interconnected 
VoIP service provider and each provider of voice communications using 
an IP-enabled communication service shall participate in and contribute 
to the Telecommunications Relay Services Fund established in section 
64.404(c)(5)(iii) of the Commission's regulations (47 CFR 
64.404(c)(5)(iii)), 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.'';
            (4) in subsection (f)(1) (as redesignated by paragraph (2) 
        of this subsection), by striking ``subsections (f) and (g)'' 
        and inserting ``subsections (g) and (h)'';
            (5) in subsections (h)(1) and (h)(2)(B) (as so 
        redesignated), by striking ``subsection (f)'' each place it 
        appears and inserting ``subsection (g)''.

SEC. 104. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.

    (a) Amendment.--Title II of the Communications Act of 1934 (47 
U.S.C. 201 et seq.) is amended by inserting after section 255 the 
following new sections:

``SEC. 255A. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.

    ``(a) Manufacturing.--A manufacturer of equipment used for IP-
enabled communication services, including end user equipment, network 
equipment, and software, shall ensure that the equipment is designed, 
developed, and fabricated to be accessible to and usable by individuals 
with disabilities, unless the requirement of this subsection would 
result in an undue burden.
    ``(b) Service Providers.--A provider of IP-enabled communication 
service shall ensure that its service is accessible to and usable by 
individuals with disabilities, unless the requirement of this 
subsection would result in an undue burden.
    ``(c) Compatibility.--Whenever the requirements of subsections (a) 
and (b) constitute an undue burden, such manufacturer or provider shall 
ensure that the 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 would result in an undue burden.
    ``(d) Network Features, Functions, and Capabilities.--Each provider 
of IP-enabled communication service has the duty not to install network 
features, functions, or capabilities that do not comply with the 
regulations established pursuant to this section.
    ``(e) Regulations.--Within one year after the date of enactment of 
the Twenty-first Century Communications and Video Accessibility Act of 
2008, the Commission shall prescribe such regulations as are necessary 
to implement this section. In prescribing the regulations, the 
Commission shall--
            ``(1) include standards to ensure the accessibility, 
        usability, and compatibility of IP-enabled communication 
        services and the equipment used for such services by 
        individuals with disabilities; and
            ``(2) provide that IP-enabled communication services, the 
        equipment used for such services, and IP-enabled communication 
        service networks may not impair or impede the accessibility of 
        information content when accessibility has been incorporated 
        into that content for transmission through IP-enabled 
        communication services, equipment, or networks.
    ``(f) Remedies.--The limitations on actions in section 255(f) shall 
not apply to this section.
    ``(g) Definition.--For purposes of this section, the term `undue 
burden' means significant difficulty or expense. In determining whether 
the requirements of any provision of this section would result in an 
undue burden, the factors to be considered include--
            ``(1) the nature and cost of the steps required for the 
        manufacturer or provider;
            ``(2) the impact on the operation of the manufacturer or 
        provider;
            ``(3) the financial resources of the manufacturer or 
        provider; and
            ``(4) the type of operations of the manufacturer or 
        provider.

``SEC. 255B. ENFORCEMENT AND REPORTING 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 2008, the Commission shall establish 
regulations that facilitate the filing of complaints that allege a 
violation of section 255 or 255A, establish procedures for enforcement 
actions by the Commission with respect to such violations, and create 
reporting obligations 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 or 255A.
            ``(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 or 255A.
            ``(3) Complaints to the commission.--Any person alleging a 
        violation of section 255 or 255A by a manufacturer of equipment 
        or provider of service subject to such sections may file a 
        complaint with the Commission. The Commission shall investigate 
        the allegations in such complaint and issue a final order 
        concluding the investigation within 90 days of the date on 
        which such complaint was filed with the Commission, unless such 
        complaint is resolved before such time. The Commission may 
        consolidate for investigation and resolution complaints 
        alleging substantially the same violation by the same 
        manufacturer or provider. Such final order shall include a 
        determination as to whether any violation has occurred and, if 
        the Commission determines that a violation has occurred, 
        address the manner in which the manufacturer or service 
        provider will achieve accessibility, compatibility, or 
        usability required by section 255 or 255A. If a determination 
        is made that a violation has occurred but the accessibility 
        feature requested is not readily achievable under section 255 
        or will create an undue burden under section 255A, the 
        Commission shall provide the basis for such determination.
            ``(4) Cease and desist orders.--If the Commission's 
        investigation pursuant to paragraph (3) determines that a 
        manufacturer of equipment or provider of service is engaged in 
        an act prohibited by section 255 or 255A, or is failing to 
        perform any act required by section 255 or 255A, the Commission 
        shall order such manufacturer or provider to cease from 
        violating such section.
            ``(5) Forfeiture penalties.--A manufacturer of equipment or 
        provider of service subject to the requirements of section 255 
        or 255A shall be subject under section 503 to a civil penalty 
        for violation of section 255 or 255A in an amount determined 
        under section 503(b)(2)(B).
            ``(6) Reporting.--Each manufacturer of equipment used for 
        IP-enabled communication services and each provider of IP-
        enabled communication service shall--
                    ``(A) file a report with the Commission, on an 
                annual basis, that describes the steps that have been 
                taken by such manufacturer or provider during the 
                preceding year to implement sections 255 and 255A, 
                including--
                            ``(i) information about the company's 
                        efforts to consult with people with 
                        disabilities;
                            ``(ii) descriptions of the accessibility 
                        features of its products and services; and
                            ``(iii) information about the compatibility 
                        of their products and services with peripheral 
                        devices or specialized customer premise 
                        equipment commonly used by people with 
                        disabilities to achieve access; and
                    ``(B) maintain, in the ordinary course of business, 
                records of the efforts taken by such manufacturer or 
                provider to implement sections 255 and 255A.
    ``(b) Reports to Congress.--Every two years after the date of 
enactment of the Twenty-first Century Communications and Video 
Accessibility Act of 2008, the Commission shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the House of Representatives 
that assesses the level of compliance with section 255 or 255A and 
evaluates the extent to which any accessibility barriers still exist 
with respect to new technologies. Such report shall include--
            ``(1) the number and nature of complaints received pursuant 
        to subsection (a) during the two years that are the subject of 
        the report;
            ``(2) actions taken to resolve such complaints under this 
        section, including cease and desist orders issued and 
        forfeiture penalties assessed; and
            ``(3) the length of time that was taken by the Commission 
        to resolve each such complaint.
    ``(c) Clearinghouse.--The Commission shall, in coordination with 
the Architectural and Transportation Barriers Compliance Board and the 
National Telecommunications and Information Administration, establish a 
clearinghouse of information on the availability of accessible products 
and services and accessibility solutions required under sections 255 
and 255A. 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.
    ``(d) Outreach and Education.--Within one year after the date of 
enactment of the Twenty-first Century Communications and Video 
Accessibility Act of 2008, 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 and 255A.''.
    (b) Conforming Amendment.--Section 255(a) of the Communications Act 
of 1934 (47 U.S.C. 255(a)) is amended by adding at the end the 
following new paragraph:
            ``(3) Text messages.--The transmission and receipt of text 
        messages sent by radio to and from mobile wireless devices 
        (made available through short message service or similar means) 
        are telecommunications services for purposes of this section 
        and the enforcement of this section under section 255B.''.

SEC. 105. UNIVERSAL SERVICE.

    (a)  Consumers With Disabilities.--Section 254 of the 
Communications Act of 1934 (47 U.S.C. 254) is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraph (7) as paragraph 
                (8); and
                    (B) by inserting after paragraph (6) the following 
                new paragraph:
            ``(7) Access by consumers with disabilities.--Consumers 
        with disabilities should have access to telecommunications 
        services and IP-enabled communication services, including 
        interexchange services and advanced telecommunications and 
        information services.''; and
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(4) Individuals with disabilities.--Notwithstanding 
        subsection (j), the Commission shall, in order to implement the 
        principle established in subsection (b)(7), designate as 
        services supported by Lifeline and Link Up assistance programs 
        and other Federal universal service support mechanisms those 
        telecommunications services and IP-enabled communication 
        services that are needed by individuals with disabilities to 
        engage in communication with one or more other individuals in a 
        manner that is functionally equivalent to the ability of 
        individuals without disabilities to engage in such 
        communication.''.
    (b) Allocation of USF for Services for Individuals With 
Disabilities.--Section 254 of the Communications Act of 1934 (47 U.S.C. 
254) is further amended--
            (1) by redesignating subsections (i) through (l) as 
        subsections (j) through (m), respectively; and
            (2) by inserting after subsection (h) the following new 
        subsection:
    ``(i) Individuals Who Are Deaf-Blind.--
            ``(1) In general.--Within 6 months after the date of the 
        enactment of the Twenty-first Century Communications and Video 
        Accessibility Act of 2008, the Commission shall establish rules 
        that define as eligible for universal service support those 
        programs that are certified by a State commission or approved 
        by the Commission for the distribution of specialized customer 
        premises equipment designed to make telecommunications service 
        and IP-enabled communication service, including interexchange 
        services and advanced telecommunications and information 
        services, accessible by individuals who are deaf-blind.
            ``(2) Definition.--For the 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)).
            ``(3) Annual amount.--The total amount of universal service 
        support that may be obligated or expended under this subsection 
        for any fiscal year may not exceed $10,000,000.''.

SEC. 106. EMERGENCY ACCESS AND REAL-TIME TEXT SUPPORT.

    Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) 
is further amended by inserting after section 255B (as added by section 
104 of this Act) the following new section:

``SEC. 255C. EMERGENCY ACCESS AND REAL-TIME TEXT SUPPORT.

    ``(a) Duty of Providers of IP-Enabled Communication Service.--In 
order to ensure equal access to emergency services by individuals with 
disabilities, as part of the migration to a national Internet Protocol-
enabled emergency network, it shall be the duty of every IP-enabled 
communication service provider to ensure seamless real-time text 
communication between and among interconnected VoIP services, IP-
enabled communication services, and telecommunications services.
    ``(b) Regulations.--Within one year after the date of enactment of 
the Twenty-first Century Communications and Video Accessibility Act of 
2008, the Commission shall prescribe such regulations as are necessary 
to implement this section. In prescribing the regulations, the 
Commission shall--
            ``(1) require that all IP-enabled communications services 
        support a single real-time text standard, so that real-time 
        text communication formats used on the networks of each 
        provider of interconnected VoIP services, IP-enabled 
        communication services, and telecommunications services will 
        interoperate with every other such network and with gateways to 
        the public switched network;
            ``(2) require that--
                    ``(A) all providers of IP-enabled communication 
                service that are required to be in compliance with this 
                section shall transmit real-time text communication 
                formats as text data, not audio tones; and
                    ``(B) such transmission shall have less than one 
                percent character error in order to ensure accurate 
                transmission; and
            ``(3) establish deadlines by which providers of IP-enabled 
        communication service shall comply with the requirements under 
        paragraphs (1) and (2)''.

                      TITLE II--VIDEO PROGRAMMING

SEC. 201. COMMISSION INQUIRY ON CLOSED CAPTIONING DECODER AND VIDEO 
              DESCRIPTION CAPABILITY, USER INTERFACES, AND VIDEO 
              PROGRAMMING GUIDES AND MENUS.

    (a) Inquiry Required.--Within 180 days after the date of enactment 
of this Act, the Federal Communications Commission shall complete an 
inquiry on the following subjects:
            (1) Closed-captioning decoder and video description 
        capability.--With respect to closed captioning decoder and 
        video description capability, the Commission shall--
                    (A) identify--
                            (i) the formats and software commonly used 
                        by video programming providers or owners for 
                        exhibition on new technologies, including those 
                        used by IP-enabled communication services and 
                        digital wireless services; and
                            (ii) the related technical issues 
                        associated with the implementation of closed 
                        captioning and video description by means of 
                        such new technologies;
                    (B) identify the technical standards, protocols, 
                and procedures needed for the transmission of closed 
                captioning and video description by means of IP-enabled 
                communication service and digital wireless services and 
                equipment; and
                    (C) identify--
                            (i) technical standards, protocols, and 
                        procedures to enable video programming 
                        providers and owners to transmit emergency 
                        information in a manner that is accessible to 
                        individuals who are blind or visually impaired; 
                        and
                            (ii) the persons or parties obligated to 
                        create, receive, and transmit such emergency 
                        information in accordance with such standards, 
                        protocols, and procedures.
            (2) User interfaces.--With respect to user interfaces, the 
        Commission shall--
                    (A) identify the technical standards, protocols, 
                and procedures needed to enable 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 IP-enabled communication services) to be 
                capable of making its apparatus functions, including 
                the receipt, display, navigation, or selection of video 
                programming (and any other functions shared by, related 
                to, or necessary to access such apparatus functions), 
                accessible to and usable by individuals with 
                disabilities; and
                    (B) identify the technical standards, protocols, 
                and procedures needed to enable on-screen text menus 
                and other visual indicators used to access the 
                functions described in subparagraph (A) to be 
                accompanied by audio output so that such menus or 
                indicators are accessible to and usable by individuals 
                who are blind or visually impaired.
            (3) Video programming guides and menus.--With respect to 
        video programming guides and menus, the Commission shall 
        identify the technical standards, protocols, and procedures 
        needed to enable video programming information and selection 
        provided by means of a navigational device, guide, or menu to 
        be accessible in real-time by individuals with disabilities who 
        are unable to read the visual display.
    (b) Report on Inquiry.--Within one year after the date of enactment 
of this Act, the Commission shall submit to the Congress a report on 
the results of such inquiry.
    (c) Definitions.--For purposes of this section--
            (1) the term ``IP-enabled communication service'' has the 
        meaning provided in section 3 of the Communications Act of 1934 
        (47 U.S.C. 153); and
            (2) the terms ``video description'' and ``video 
        programming'' have the meanings provided by section 713(g) of 
        such Act (47 U.S.C. 613(g)).

SEC. 202. 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 every apparatus designed to receive or display 
video programming (as such term is defined in section 713(g)) 
transmitted simultaneously with sound, including apparatus designed to 
receive or display video programming transmitted by means of IP-enabled 
communication services, that are shipped in interstate commerce or 
manufactured in the United States--
            ``(1) be equipped with built-in closed caption decoding 
        capability designed to display closed-captioned video 
        programming;
            ``(2) have sufficient capacity to make available the 
        transmission and delivery of video description services as 
        required by section 713(f); and
            ``(3) have the capability to convey emergency information 
        (as that term is defined in section 79.2 of the Commission's 
        regulations (47 CFR 79.2)), including Emergency Alert System 
        messages, in a manner that is accessible to individuals who are 
        blind or visually-impaired.''.
    (b) Shipment in Commerce.--Section 330(b) of the Communications Act 
of 1934 (47 U.S.C. 330) is amended--
            (1) by striking the second sentence and inserting the 
        following: ``Such rules shall provide performance and display 
        standards for such built-in decoder circuitry, the transmission 
        and delivery of video description (as such term is defined in 
        section 713(g)) services over technologies that are based in 
        digital signals, IP-enabled communication services, wireless 
        devices, or other methods, and the transmission of closed 
        captioning over technologies that are based in IP-enabled 
        communication services, wireless devices, or other 
        technologies.''; and
            (2) in the fourth sentence, by inserting ``and video 
        description service'' after ``closed-captioning service''.
    (c) Implementing Regulations.--Within 18 months after the date of 
enactment of this Act, the Federal Communications Commission shall 
prescribe such regulations as are necessary to implement, and are 
technically feasible for implementing, the amendments made by 
subsections (a) and (b).

SEC. 203. VIDEO DESCRIPTION AND CLOSED CAPTIONING.

    (a) Video Description.--Section 713 of the Communications Act of 
1934 (47 U.S.C. 613) is amended by striking subsections (f) and (g) and 
inserting the following:
    ``(f) Video Description.--
            ``(1) Reinstatement of rules.--The video description 
        regulations of the 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--
                    ``(A) be considered to be in full force and effect 
                and ratified by law; and
                    ``(B) apply to video programming (as such term is 
                defined in subsection (g)) that is first published or 
                exhibited after the date of enactment of the Twenty-
                first Century Communications and Video Accessibility 
                Act of 2008.
            ``(2) Continuing authority of the commission.--The 
        Commission--
                    ``(A) shall, within 45 days after the date of 
                enactment of the Twenty-first Century Communications 
                and Video Accessibility Act of 2008--
                            ``(i) publish its video description 
                        regulations 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)); and
                            ``(ii) apply the requirements of such 
                        report and order to video programming (as such 
                        term is defined in subsection (g));
                    ``(B) shall initiate a proceeding, to be completed 
                within 18 months after such date of enactment, to--
                            ``(i) identify methods to convey emergency 
                        information (as that term is defined in section 
                        79.2 of the Commission's regulations (47 CFR 
                        79.2)) in a manner accessible to individuals 
                        who are blind or visually-impaired; and
                            ``(ii) promulgate regulations that require 
                        video programming distributors (as that term is 
                        defined in section 79.1 of the Commission's 
                        regulations (47 CFR 79.1)) to convey such 
                        emergency information in a manner accessible to 
                        individuals who are blind or visually-impaired, 
                        consistent with the requirements of such 
                        section of such regulations; and
                    ``(C) shall promulgate any other regulation that 
                the Commission may find necessary to implement, 
                enforce, or otherwise carry out the provisions of this 
                section, including regulations to increase the amount 
                of video description required to achieve full access to 
                video programming for individuals who are blind or 
                visually-impaired.
            ``(3) Requirements for rules.--
                    ``(A) Such regulations shall include an appropriate 
                schedule of deadlines for the provision of video 
                description of video programming.
                    ``(B) Such regulations may permit a provider of 
                video programming or 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 would result in an undue 
                burden (as defined in subsection (e)). A provider shall 
                be exempt from such requirements only after the 
                Commission decides to grant any such petition.
                    ``(C) The Commission may exempt from the 
                regulations established pursuant to paragraph (2)(C) 
                services, classes of services, programs, classes of 
                programs, equipment, or classes of equipment for which 
                the Commission has determined that the application of 
                such regulations would be economically burdensome to 
                the providers of such services.
    ``(g) Definitions.--For purposes of this section:
            ``(1) Video description.--The term `video description' 
        means the insertion of audio narrated descriptions of the video 
        programming's key visual elements into natural pauses between 
        the program's dialogue.
            ``(2) Video programming.--The term `video programming' 
        means programming provided by, or generally considered 
        comparable to programming provided by, a television broadcast 
        station, even if such programming is distributed over the 
        Internet or by some other means.''.
    (b) Closed Captioning on Video Programming Distributed Over the 
Internet.--Section 713 of such Act is further amended by striking 
subsection (c) and inserting the following:
    ``(c) Deadlines for Captioning.--
            ``(1) In general.--Such regulations shall include an 
        appropriate schedule of deadlines for the provision of closed 
        captioning of video programming.
            ``(2) Deadlines for internet-distributed programming.--
                    ``(A) Within 18 months after the date of date of 
                enactment of the Twenty-first Century Communications 
                and Video Accessibility Act of 2008, the Commission 
                shall prescribe regulations that include an appropriate 
                schedule of deadlines for the provision of closed 
                captioning of video programming distributed to the 
                public over the Internet.
                    ``(B) Consistent with the regulations promulgated 
                under subsection (b), the regulations prescribed under 
                this paragraph shall ensure the accessibility of video 
                programming through the provision of captions on--
                            ``(i) pre-produced video programming that 
                        was previously captioned for television 
                        viewing;
                            ``(ii) live video programming; and
                            ``(iii) video programming first published 
                        or exhibited after the effective date of such 
                        regulations provided by or generally considered 
                        to be comparable to programming provided by 
                        multichannel programming distributors.''.
    (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--
                    ``(A) the Commission may grant such petition upon a 
                showing that the requirements contained in this section 
                would result in an undue burden; and
                    ``(B) such exemption shall be effective only after 
                the Commission grants such petition.''.

SEC. 204. USER INTERFACES REGULATIONS.

    (a) Amendment.--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)(1) Require--
            ``(A) that every 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 IP-enabled communication 
        services, be designed, developed, and fabricated so that 
        control of all apparatus functions enabling the receipt, 
        display, navigation, or selection of video programming (and any 
        other functions shared by, related to, or necessary to access 
        such apparatus functions), are accessible to and usable by 
        individuals with disabilities;
            ``(B) that where on-screen text menus or other visual 
        indicators are used to access the functions described in 
        subparagraph (A), such apparatus be accompanied by audio 
        output, so that such menus or indicators are accessible to and 
        usable by individuals who are blind or visually impaired; and
            ``(C) a conspicuous means of accessing closed captioning 
        and video description, including--
                    ``(i) the inclusion of a button on the remote 
                control of such apparatus designated for activating the 
                closed caption function; and
                    ``(ii) the inclusion of `closed captions' and 
                `video description' on the top tier of the on-screen 
                menu of such apparatus.
    ``(2) For purposes of this subsection, the terms `video 
description' and `video programming' have the meanings given such terms 
in section 713(g).''.
    (b) Implementing Regulations.--Within 18 months after the date of 
enactment of this Act, the Federal Communications Commission shall 
prescribe such regulations as are necessary to implement, and are 
technically feasible for implementing, the amendments made by 
subsection (a).

SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS.

    (a) Amendment.--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:
    ``(aa) Require each provider or owner of video programming (as such 
term is defined in section 713(g)) and each multichannel programming 
distributor to ensure that video programming information and selection 
provided by means of a navigational device, guide, or menu is 
accessible in real-time by individuals with disabilities who are unable 
to read the visual display.''.
    (b) Implementing Regulations.--Within 18 months after the date of 
enactment of this Act, the Federal Communications Commission shall 
prescribe such regulations as are necessary to implement, and are 
technically feasible for implementing, the amendments made by 
subsection (a).
                                 <all>