[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3101 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 3101

_______________________________________________________________________

                                 AN ACT


 
 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 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 internet-based services and equipment.
Sec. 105. Emergency Access Advisory Committee.
Sec. 106. Relay services for deaf-blind individuals.
                      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.
                      TITLE III--PAYGO COMPLIANCE

Sec. 301. PAYGO Compliance.

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 to the extent such person 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).

SEC. 3. PROPRIETARY TECHNOLOGY.

    No action taken by the Commission to implement the requirements of 
this Act or the amendments 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) video conferencing service.
            ``(54) 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).
            ``(55) Electronic messaging service.--The term `electronic 
        messaging service' means a service that provides non-voice 
        messages in text form between individuals over communications 
        networks.
            ``(56) 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.
            ``(57) 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.
            ``(58) Video conferencing service.--The term `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 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 
        communications 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.''.
    (c) Telecommunications Relay Services Policy Advisory Council.--
Section 225 of the Communications Act of 1934 (47 U.S.C. 225) is 
amended by adding at the end the following new subsection:
    ``(h) Telecommunications Relay Services Policy Advisory Council.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of the Twenty-First Century Communications and 
        Video Accessibility Act of 2010, the Chairman of the Commission 
        shall establish an advisory committee to be known as the 
        Telecommunications Relay Services Policy Advisory Council (in 
        this section referred to as the `Policy Advisory Council') and 
        shall require the Policy Advisory Council--
                    ``(A) to conduct their meetings in a manner that is 
                open to the public;
                    ``(B) to make a complete and comprehensive record 
                of such proceedings publicly available;
                    ``(C) to establish safeguards to identify and 
                mitigate conflicts of interest with respect to members 
                of the Policy Advisory Council; and
                    ``(D) to advise the Commission in the development 
                or proposal of any major changes or new rules relating 
                to telecommunications relay services.
            ``(2) Membership.--As soon as practicable after the date of 
        enactment of the Twenty-First Century Communications and Video 
        Accessibility Act of 2010, the Chairman of the Commission shall 
        appoint the members of the Policy Advisory Council, ensuring a 
        balance between potential consumers and other stakeholders. 
        Members of the Policy Advisory Council shall be selected from 
        each of the following groups:
                    ``(A) Individuals who are consumers of 
                telecommunications relay services.
                    ``(B) Representatives of State commissions with 
                jurisdiction over intrastate telecommunications relay 
                services.
                    ``(C) Representatives of providers of 
                telecommunications relay services.
            ``(3) Collection and dissemination of information and 
        advice.--The Commission--
                    ``(A) shall seek the advice of the Policy Advisory 
                Council in assisting the Commission in developing or 
                proposing any major changes or issuing any new rules 
                relating to telecommunications relay services; and
                    ``(B) shall, with the advice of the Policy Advisory 
                Council, make all regulations, rules, and orders 
                relating to telecommunications relay services fully and 
                easily accessible to consumers of such services.
            ``(4) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the Policy 
        Advisory Council.''.
    (d) Followup Proceeding.--Section 225 of the Communications Act of 
1934 (47 U.S.C. 225), as amended by subsection (c), is further amended 
by adding after subsection (h) the following new subsection:
    ``(i) Followup Proceeding.--
            ``(1) In general.--Not later than 30 months after the date 
        of enactment of the Twenty-First Century Communications and 
        Video Accessibility Act of 2010, the Commission, in 
        consultation with all relevant Federal agencies, 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--
                    ``(A) concerning how the Commission is ensuring 
                that telecommunications relay service customers have 
                access to improved technologies, interoperability, and 
                functionalities; and
                    ``(B) identifying impediments to the broad and 
                efficient use of telecommunications relay services in 
                the workplace.
            ``(2) Suggestions for workplace adoption.--The Commission 
        shall develop suggestions to facilitate broader and more 
        efficient use of telecommunications relay services in the 
        workplace, including suggestions for facilitating the 
        replacement of outdated end-user telecommunications relay 
        services equipment in public places and government offices.''.

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

    ``(a) Access to Equipment.--
            ``(1) Right to accessible equipment.--With respect to 
        equipment manufactured after the effective date of the 
        regulations established pursuant to this section, and subject 
        to those regulations, a manufacturer of equipment used for 
        advanced communications, including end user equipment, network 
        equipment, and software, shall ensure that such equipment that 
        such manufacturer offers for sale or otherwise distributes in 
        interstate commerce shall be accessible to and usable by 
        individuals with disabilities, unless doing so is 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) Access to Services.--
            ``(1) Right to accessible services.--With respect to 
        advanced communications services offered after the effective 
        date of the regulations established pursuant to this section, 
        and subject to those regulations, a provider of services used 
        for advanced communications shall ensure that such services 
        that such provider offers for sale or otherwise distributes in 
        interstate commerce shall be accessible to and usable by 
        individuals with disabilities, unless doing so is 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 subsection (a) 
are not achievable for a manufacturer, or the requirements of 
subsection (b) are not achievable for a provider, a manufacturer or 
provider shall ensure that its equipment or service is compatible with 
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 impede accessibility or 
usability of advanced communications services.
    ``(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; and
                    ``(C) determine the obligations under this section 
                of manufacturers, service providers, and providers of 
                applications.
            ``(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 impact on the operations 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 financial resources of the manufacturer or 
        provider.
            ``(4) The type of operations of the manufacturer or 
        provider.
            ``(5) 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, 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, 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) Violation.--If the Commission 
                        determines that a violation has occurred, the 
                        Commission may, in the order issued under this 
                        subparagraph or in a subsequent order, require 
                        the manufacturer or service provider to take 
                        such action as is necessary to comply with the 
                        requirements of this section.
                            ``(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.
            ``(5) Recordkeeping.--
                    ``(A) In general.--Beginning one year after the 
                effective date of regulations promulgated pursuant to 
                section 716(e), each manufacturer and provider subject 
                to sections 255, 716, or 718 shall maintain, in the 
                ordinary course of business and for a reasonable 
                period, records of any efforts taken by such 
                manufacturer or provider to implement sections 255, 
                716, or 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) Submission of annual certification.--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) Commission request for records.--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).
                    ``(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) An assessment of the effect of the 
                requirements of this section 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. 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 one year after the 
completion of the member appointment process by the Chairman of the 
Commission pursuant to subsection (b), the Advisory Committee 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 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), and for the possible phase out of 
        the use of current-generation TTY 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; and
            (7) for the establishment of rules to update the 
        Commission's rules with respect to 9-1-1 services and E-911 
        services, as such term is defined in section 158 of the 
        National Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 942), for users of 
        telecommunications relay services as new technologies and 
        methods for providing such relay services are adopted by 
        providers of such relay services.
    (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) Procedural 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 procedural rules.--The Advisory Committee 
        may adopt other procedural 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 as 
are necessary to achieve reliable, interoperable communication that 
ensures access by individuals with disabilities to an Internet 
protocol-enabled emergency network.
    (h) Survey.--Not later than 30 months after the date of enactment 
of this Act, the Commission shall conduct and publish the results of a 
national survey of individuals with disabilities concerning real time 
text, geolocation services, instant messaging services, and mobile 
telecommunications relay services. The survey shall seek to determine 
what individuals with disabilities believe to be the most effective and 
efficient technologies and methods by which to enable access to 
emergency services by individuals with disabilities.
    (i) 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).

SEC. 106. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et 
seq.), as amended by sections 103 and 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 Twenty-First Century Communications and Video Accessibility Act of 
2010, 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 
low-income individuals who are deaf-blind.
    ``(b) Individuals Who Are Deaf-blind Defined.--For purposes of this 
section, the term `individuals who are deaf-blind' has the meaning 
given such term in section 206 of the Helen Keller National Center Act 
(29 U.S.C. 1905).
    ``(c) Annual Amount.--The total amount of support the Commission 
may provide from its Telecommunications Relay Services Fund for any 
fiscal year may not exceed $10,000,000.''.

                      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 national organizations representing such 
        distributors and providers.
            (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 national organizations representing 
        accessibility advocates, including individuals with 
        disabilities and the elderly.
            (5) Representatives of the broadcast television industry or 
        a national organization representing such industry.
            (6) 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) An identification of the performance objectives 
                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 delivered using Internet protocol.
                    (B) An identification of additional protocols, 
                technical capabilities, and technical procedures beyond 
                those available as of the date of enactment of this Act 
                for the delivery of closed captions of video 
                programming delivered using Internet protocol that are 
                necessary to meet the performance objectives identified 
                under subparagraph (A).
                    (C) A recommendation for any regulations that may 
                be necessary to ensure compatibility between video 
                programming 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) An identification of the performance objectives 
                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 and emergency 
                information delivered using Internet protocol or 
                digital broadcast television.
                    (B) An identification of additional protocols, 
                technical capabilities, and technical procedures beyond 
                those available as of the date of enactment of this Act 
                for the delivery of video descriptions of video 
                programming and emergency information delivered using 
                Internet protocol that are necessary to meet the 
                performance objectives identified under subparagraph 
                (A).
                    (C) A recommendation for any regulations that may 
                be necessary to ensure compatibility between video 
                programming delivered using Internet protocol and 
                devices capable of receiving and displaying such 
                programming in order to facilitate access to emergency 
                information.
                    (D) 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.
                    (E) 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 (D) to be 
                accompanied by audio output so that such menus or 
                indicators are accessible to and usable by individuals 
                with disabilities.
                    (F) A recommendation for the standards, protocols, 
                and procedures used to enable the selection of video 
                programming information on an apparatus or navigation 
                device by means of a guide or menu to be accessible in 
                real-time by individuals who are blind or have a visual 
                impairment.
            (3) Consideration of standards, protocols, and procedures 
        by standard-setting organizations.--The recommendations of the 
        Advisory Committee shall, to the extent possible, incorporate 
        the standards, protocols, and procedures that have been adopted 
        by appropriate industry standard-setting organizations for the 
        report requirements described in paragraphs (1) and (2).
    (f) Meetings.--
            (1) Initial meeting.--The initial meeting of the Advisory 
        Committee shall take place not later than 180 days after the 
        date of the enactment of this Act.
            (2) Other meetings.--After the initial meeting, the 
        Advisory Committee shall meet at the call of the Chairman.
            (3) Notice; open meetings.--Any meeting held by the 
        Advisory Committee shall be noticed at least 14 days before 
        such meeting and shall be open to the public.
    (g) Procedural Rules.--
            (1) Quorum.--The presence of one-third of the members of 
        the Advisory Committee shall constitute a quorum for 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)), 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 (i), insofar as 
                such 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 have at least 50 
                hours per quarter of prime time programming that is not 
                exempt under this paragraph, and the designation of 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 would 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.
            ``(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 issue 
                additional regulations if the Commission determines, at 
                least 2 years after completing the reports required in 
                paragraph (3), that the need for and benefits of 
                providing video descriptions 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. If the Commission makes such a 
                determination and issues additional regulations, the 
                Commission may increase, in total, the hours 
                requirement for described video programming, insofar as 
                such programming is transmitted for display on 
                television, up to 75 percent of the requirement in the 
                regulations reinstated under paragraph (1).
                    ``(B) Further requirements.--
                            ``(i) 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 and Commerce 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 benefits to consumers of 
                                such programming;
                                    ``(V) the amount of such 
                                programming currently available; and
                                    ``(VI) the need for additional 
                                described programming.
                            ``(ii) Increased availability.--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 (i), to increase the 
                        availability of such programming.
                    ``(C) Application to designated market areas.--
                            ``(i) In general.--After the Commission 
                        completes the study on video description, the 
                        Commission shall phase in the video description 
                        regulations for all 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 under 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.
    ``(g) Emergency Information.--Not later than 1 year after the Video 
Programming and Emergency Access Advisory Committee report under 
section 201(e)(2) of the Twenty-First Century Communications and Video 
Accessibility Act of 2010 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 have a visual impairment; and
            ``(2) promulgate regulations that require certain 
        designated 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 have a visual impairment.
    ``(h) Responsibilities.--
            ``(1) Video programming owner.--A video programming owner 
        shall ensure that any closed captioning and video description 
        required pursuant to this section is provided in accordance 
        with the technical standards, protocols, and procedures 
        established by the Commission.
            ``(2) Video programming provider or distributor.--A video 
        programming provider or video programming distributor shall be 
        deemed in compliance with this section and the rules and 
        regulation promulgated thereunder if such provider or 
        distributor enables the rendering or the pass through of closed 
        captions and video description signals.
    ``(i) 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' has 
        the meaning given such term in section 602.''.
    (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 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 section 201(e)(1) of the 
                Twenty-First Century Communications and Video 
                Accessibility Act of 2010, the Commission shall 
                promulgate regulations to require the provision of 
                closed captioning on video programming delivered using 
                Internet protocol.
                    ``(B) Schedule.--The regulations prescribed under 
                this paragraph shall include an appropriate schedule of 
                decoding 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 would be economically burdensome to 
                providers of video programming or program owners.
                    ``(D) Requirements for regulations.--
                            ``(i) In general.--The regulations 
                        prescribed under this paragraph--
                                    ``(I) shall contain a definition of 
                                `near-live programming' and `edited for 
                                Internet distribution';
                                    ``(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 to the provider of such 
                                service, program, or equipment;
                                    ``(III) shall provide that de 
                                minimis failure to comply with such 
                                regulations by a provider of video 
                                programming or program owner shall not 
                                be treated as a violation of the 
                                regulations; and
                                    ``(IV) shall only apply to video 
                                programming that is transmitted for 
                                display on television with closed 
                                captioning after the effective date of 
                                the regulations issued pursuant to this 
                                section.
                            ``(ii) Alternate means.--An entity may meet 
                        the requirements of this section through 
                        alternate means than those prescribed by 
                        regulations pursuant to paragraph (1) 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) a provider of video programming or program owner 
        may petition the Commission for an exemption from the 
        requirements of this section;
                    ``(B) the Commission may grant such petition upon a 
                showing that the requirements contained in this section 
                would be economically burdensome;
                    ``(C) during the pendency of such a petition, such 
                provider or owner shall be exempt from the requirements 
                of this section; and
                    ``(D) 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.''.
    (d) Reporting Requirement.--Two years after the effective date of 
the regulations issued pursuant to this section, and biennially 
thereafter, each broadcast television network and each cable television 
network shall submit to the Commission a report containing the number 
of hours, in the applicable 2-year period, of video programming not 
published or exhibited on television after the date of enactment of 
this Act that was provided on the Internet with closed captioning.
    (e) Report to Congress.--
            (1) In general.--Three years after the date of enactment of 
        this Act, the Commission shall submit a report to the Committee 
        on Energy and Commerce of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate--
                    (A) assessing the technical, economic, and 
                operational issues regarding the captioning of video 
                programming that is distributed only over the Internet, 
                including the types and amounts of such video 
                programming that is or could be captioned, the types of 
                entities producing such programming, and the effects a 
                closed captioning requirement may have on the producers 
                of such programming;
                    (B) assessing the benefits to and use by consumers 
                of closed captioning of video programming that is 
                distributed only over the Internet for consumers; and
                    (C) making recommendations, if any, of whether 
                Congress should adopt or the Commission should 
                implement a closed captioning requirement for such 
                programming.
            (2) Updates.--The Commission shall periodically update the 
        report to the Committees as it determines appropriate.

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--
            ``(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 title 47, Code of Federal 
                Regulations) in a manner that is accessible to 
                individuals who are blind or have a visual impairment; 
                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 subparagraphs (A), (B), 
                and (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 to 
                waive the requirements of this subsection for any 
                apparatus or class of apparatus.''.
    (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) so 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 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 ``section 303(u)'' in the first sentence 
        and inserting ``subsections (u) and (z) of section 303'';
            (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.--
            (1) In general.--The Federal Communications Commission 
        shall, after consideration of the Advisory Committee reports 
        required by section 201(e), 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, needed for the transmission of--
                    (A) closed captioning within 6 months after the 
                submission to the Commission of the Advisory Committee 
                report required by section section 201(e)(1); and
                    (B) video description and emergency information 
                within 12 months after the submission to the Commission 
                of the Advisory Committee report required by section 
                section 201(e)(2).
            (2) Alternate means.--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 paragraph (1) if the requirements of 
        such 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, that are shipped in interstate commerce or 
        manufactured in the United States, 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 all built-in apparatus functions 
        are accessible to and usable by individuals with disabilities;
            ``(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 have a visual impairment in real-time;
            ``(3) that built-in user controls on such apparatus shall 
        be capable of accessing closed captioning, including--
                    ``(A) if a remote control is provided with the 
                apparatus--
                            ``(i) a button, key, or icon on the remote 
                        control of such apparatus designated for 
                        activating closed captioning; or
                            ``(ii) any other mechanism that provides a 
                        substantially equivalent level of 
                        accessibility; and
                    ``(B) if on-screen menus are displayed on such 
                apparatus--
                            ``(i) the inclusion of `closed captions' 
                        and `video description' on the first menu that 
                        appears; or
                            ``(ii) any other mechanism that provides a 
                        substantially equivalent level of 
                        accessibility; 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 title 47, Code of Federal Regulations.''.
    (b) Implementing Regulations.--
            (1) In general.--Within 12 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).
            (2) Alternate means.--An entity may meet the requirements 
        of sections 303(aa) of the Communications Act of 1934 through 
        alternate means than those prescribed by regulations pursuant 
        to paragraph (1) if the requirements of such section are met, 
        as determined by the Commission.
    (c) 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 (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 have a visual 
        impairment, 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, access to such capability through a 
        button, key, or icon designated for activating the closed 
        captioning, or through any other mechanism that provides a 
        substantially equivalent level of accessibility.''.
    (b) Implementing Regulations.--
            (1) In general.--Within 12 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 50,000 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 such entity provides to a 
        requesting individual who is blind or has a visual impairment 
        and shall make reasonable efforts to make such requirements 
        known to consumers.
            (4) Separate equipment or software.--
                    (A) In general.--Such regulations shall permit but 
                not require the entity providing the navigation device 
                to the requesting individual who is blind or has a 
                visual impairment to comply with section 303(bb)(1) of 
                the Communications Act of 1934 (as added by subsection 
                (a) of this section) through such entity's use of 
                software, a peripheral device, specialized consumer 
                premises equipment, a network-based service, or other 
                solution, and shall provide such entity with the 
                flexibility to select the manner of compliance.
                    (B) Requirements.--If an entity complies with 
                section 303(bb)(1) of the Communications Act of 1934 
                (as added by subsection (a) of this section) under 
                subparagraph (A) of this paragraph, such entity shall 
                provide any such software, peripheral device, 
                equipment, service, or solution at no additional charge 
                and within a reasonable time to such individual.
            (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).

                      TITLE III--PAYGO COMPLIANCE

SEC. 301. PAYGO COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives July 26, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 3101

_______________________________________________________________________

                                 AN ACT

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